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Detailed
Proposals for the Future Constitution of Nevis
Made Pursuant to Section 113(2)(c) of the Constitution of St.
Christopher and Nevis
Published by Authority of the Nevis Island Administration - August 12,
2003 |
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The
State:
1.
The island of Nevis shall be a sovereign
democratic state.
The
territory:
2. The territory
of Nevis shall comprise all
areas that were comprised in, known as and reputed to be the Island of
Nevis
immediately before Independence Day and such other areas of land, sea
or air as
may be declared by Parliament to form part of the territory of Nevis
including
the territorial waters of Nevis.
Constitution
is
supreme law:
3.
This
Constitution is the supreme law of the state of Nevis and, subject to
its
provisions, if any other law is inconsistent with this Constitution,
this
Constitution shall prevail and the other law, shall, to the extent of
the
inconsistency, be void.
CHAPTER
II
CITIZENSHIP
Citizens by birth
before Independence Day:
4.
Every person who,
having been born in Nevis before Independence Day, was immediately
before that
day a citizen of St. Christopher and Nevis shall on that day
become a
citizen
of Nevis.
Persons born outside
Nevis before Independence Day:
5.
Every person who,
having been born outside Nevis before Independence Day, was immediately
before
that day a citizen of St. Christopher and Nevis shall on that day
become a
citizen of Nevis if either of his parents (including adoptive parents)
had been
born in Nevis.
Persons
entitled to be
registered as citizens:
6.
Every person who is not
a citizen by virtue of article 4 or article 5 who was a citizen of St.
Christopher and Nevis immediately before Independence Day and is
ordinarily
resident in Nevis on Independence Day shall be entitled to be
registered as a
citizen of Nevis and may effect such registration in such manner as may
be
prescribed by law.
Marriage to
persons entitled to citizenship:
7.
Every person who is not
a citizen by virtue of article 4, 5 or 6 who was, before Independence
Day,
married to a person who-
(a)
becomes, or but for
his death would have become a citizen of Nevis by virtue of article 4
or 5,
shall become a citizen of Nevis on Independence Day;
(b)
becomes a citizen in
accordance with article 6 shall be entitled to be registered as a
citizen in the
same manner as his or her spouse.
Citizens
by birth after
Independence:
8.
Every person born in
Nevis on or after Independence Day shall become a citizen of Nevis at
the date
of his birth unless either of his parents:
(a)
possesses immunity
from suit and legal process as is accorded to the envoy of a foreign
state
accredited to Nevis;
(b)
is a citizen of a
country with which Nevis is at war and the birth occurs at a place
which is
then under enemy occupation.
Persons
born abroad
of Nevisian parentage:
9.
Every person born
outside Nevis on or after Independence Day shall become a citizen of
Nevis if,
at the date of his birth, either of his parents is a citizen of Nevis,
or but
for his or her death would have become a citizen of Nevis, by virtue of
article
4 or 8.
Marriage after
Independence Day:
10.
(1) Any person who,
after Independence Day, marries a citizen of Nevis shall, on
application in
such manner as may be prescribed by law, be entitled to be registered
as a
citizen of Nevis -
(a)
if the marriage has
subsisted for a period of five years prior to the application and is
still
subsisting; and
(b)
the applicant has been
ordinarily resident in Nevis for at least five years following the
marriage.
(2) The right to be registered as a citizen of
Nevis under this article shall be subject to such exceptions or
qualifications
as may be prescribed in the interests of national security or public
policy.
Registration
by virtue
of residence:
11.
(1) Any person may,
upon making application at any time after Independence Day, be
registered as a
citizen of Nevis if he has been resident continuously in Nevis for a
period of
fourteen years immediately before the date of his application.
(2)
The right to be
registered as a citizen of Nevis under this article shall be subject to
such
exceptions or qualifications as may be prescribed in the interests of
national
security or public policy.
Powers
of Parliament:
12.
Parliament may make
laws providing for persons not covered by articles 4 to 11 to become
citizens
of Nevis by naturalisation or registration.
No deprivation by
reason of dual citizenship:
13.
No person shall be
deprived of his Nevis citizenship or refused registration of
citizenship under
article 6, 10 or 11 by reason only that he is or may become a citizen
of
another country, or be required to renounce his citizenship of another
country.
Provisions
for renunciation
of citizenship:
14.
There shall be such
provision as may be made by Parliament-
(a)
for the renunciation
by any person of his citizenship;
(b)
for depriving of his
citizenship any person who has become a citizen by virtue of
registration or
naturalisation if his citizenship was obtained by false representation
or fraud
or wilful concealment of material facts or if he is convicted under any
law of
an act of treason or sedition:
Provided
that any law
enacted for the purposes of paragraph (b) of this article shall include
provisions under which the person concerned shall have a right of
appeal to a
court of law of competent jurisdiction or other independent authority
and shall
be permitted to appear before the court or authority in person or, at
his own
expense, to be represented by a legal practitioner of his own choice.
CHAPTER III
FUNDAMENTAL
RIGHTS AND
FREEDOMS
Fundamental
rights and
freedoms:
15.
Whereas every person
in Nevis is entitled to the fundamental rights and freedoms, that is to
say,
the right, whatever his race, place of origin, birth, political
opinions,
colour, creed or sex, but subject to respect for the rights and
freedoms of others
and for the public interest, to each and all of the following, namely
-
(a)
life, liberty,
security of the person, equality before the law and the protection of
the law;
(b)
freedom of conscience,
of expression and of assembly and association; and
(c)
protection for his
personal privacy, the privacy of his home and other property and from
deprivation of property without compensation,
the
provisions of this
Chapter shall have effect for the purpose of affording protection to
those
rights and freedoms subject to such limitations of that protection as
are
contained in those provisions, being limitations designed to ensure
that the
enjoyment of those rights and freedoms by any person does not impair
the rights
and freedoms of others or the public interest.
Right
to life:
16.
(1) A person shall not
be deprived of his life intentionally save in execution of the sentence
of a
court in respect of a criminal offence of treason or murder under any
law of
which he has been convicted.
(2)
A person shall not be regarded as having been deprived of his life in
contravention of paragraph (1) if he dies as the result of the use, to
such
extent and in such circumstances as are permitted by law, of such force
as is
reasonably justifiable-
(a)
for the defence of any
person from violence or for the defence of property;
(b)
in order to effect a
lawful arrest, or to prevent the escape, of a person lawfully detained;
(c)
for the purpose of
suppressing a riot, insurrection or mutiny; or
(d)
in order to prevent
the commission by that person of a criminal offence,
or if he
dies as the result of a lawful act of war.
Right
to personal
liberty:
17.
(1) A person shall not
be deprived of his personal liberty save as may be authorised by law in
any of
the following cases, that is to say -
(a)
in consequence of his
unfitness to plead to a criminal charge;
(b) in execution of
the sentence or order of a court,
whether established for Nevis or some other country, in respect of a
criminal
offence of which he has been convicted;
(c)
in execution of the
order of the High Court or the Court of Appeal punishing him for
contempt of
that court or of another court or tribunal;
(d)
in execution of the
order of a court made to secure the fulfilment of any obligation
imposed on him
by law;
(e)
for the purpose of
bringing him before a court in execution of the order of a court;
(t)
upon reasonable
suspicion of his having committed, or being about to commit, a criminal
offence
under any law;
(g)
under the order of a
court or with the consent of his parent or guardian, for his education
or
welfare during any period ending not later than the state when he
attains the
age of eighteen years;
(h)
for the purpose of
preventing the spread of an infectious or contagious disease;
(i) in the case of a
person who is, or is reasonably
suspected to be, of unsound mind; addicted to drugs or alcohol, or a
vagrant,
for the purpose of his care or treatment or the protection of the
community; or
(j)
for the purpose of preventing
the unlawful entry of that person into Nevis or for the purpose of
effecting
the expulsion, extradition or other lawful removal of that person from
Nevis or
for the purpose of restricting that person while he is being conveyed
through
Nevis in the course of his extradition or removal as a convicted
prisoner from
one country to another.
(2)
Any person who is
arrested or detained shall with reasonable promptitude and in any case
not
later than forty-eight hours after such arrest or detention be informed
in a
language that he understands of the reasons for his arrest or detention
and be
afforded reasonable facilities for private
communication and
consultation with a legal practitioner of his own choice and, in the
case of a
person under the age of eighteen years, with his parents or guardian.
(3)
Any person who is
arrested or detained -
(a)
for the purpose of
bringing him before a court in execution of the order of a court; or
(b)
upon reasonable
suspicion of his having committed, or being about to commit, a criminal
offence
under any law, and
who is not released,
shall be brought before a court without undue delay and in any
case not
later
than seventy-two hours after his arrest or detention.
(4)
Where any person is
brought before a court in execution of the order of a court in any
proceedings
or upon suspicion of his having committed or being about to commit a
criminal
offence, he shall not be thereafter further held in custody in
connection with
those proceedings or that offence save upon the order of a court.
(5)
If any person arrested
or detained as mentioned in paragraph (3)(b) is not tried within a
reasonable
time, then, without prejudice to any further proceedings that may be
brought
against him, he shall be released either unconditionally or upon
reasonable
conditions, including in particular such conditions as are reasonably
necessary
to ensure that he appears at a later date for trial or for proceedings
preliminary to trial, and such conditions may include bail so long as
it is not
excessive.
(6)
Any person who is
unlawfully arrested or detained by any other person shall be entitled
to
compensation therefore from that other person or from any other person
or
authority on whose behalf that other person was acting:
Provided
that a judge, a
magistrate or a justice of the peace or an officer of a
court or a police
officer acting in pursuance of the order of a judge, a magistrate or a
justice
of the peace shall not be under any personal liability to pay
compensation under
this paragraph in consequence of any act performed by him in good faith
in the
discharge of the functions of his office and any liability to pay any
such
compensation in consequence of any such act shall be a liability of the
Government.
(7)
For the purposes of
paragraph (l)(b) a person charged before a court with a criminal
offence in
respect of whom a special verdict has been returned that he was guilty
of the
act or omission charged but was insane when he did the act or made the
omission
or that he is not guilty by reason of
insanity shall be
regarded as a person who has been convicted of a criminal offence and
the
detention of that person in consequence of such a verdict shall be
regarded as
detention in execution of the order of a court.
Freedom
from slavery
and forced labour:
18.
(1) A person shall not
be held in slavery or servitude.
(2)
No person shall be
required to
perform forced labour.
(3)
For the
purposes of this article,
the expression "forced labour" does not include -
(a)
any labour required in
consequence of the sentence or order of a court;
(b)
labour required of any
person while he is lawfully detained that, though not required in
consequence
of the sentence or order of a court, is reasonably necessary in the
interests
of hygiene or for the maintenance of the place at which he is detained;
(c)
any labour required of
a member of a disciplined force in pursuance of his duties as such or,
in the
case of a person who has conscientious objections to service as a
member of a
defence force, any labour that that person is required by law to
perform in
place of such service; or
(d)
any labour required
during any period of public emergency or in the event of any accident
or
natural calamity that threatens the life and well-being of the
community, to
the extent that the requiring of such labour is. reasonably justifiable
in the
circumstances 'Of any situation arising or existing during that period
or as a
result of that accident or natural calamity, for the purpose of dealing
with
that situation.
Protection
from
inhuman treatment:
19.
A person shall not be
subjected to torture or to inhuman or degrading punishment or other
like
treatment.
Protection from
deprivation
of property:
20.
(1) No property of any
description shall be compulsorily taken possession of, and no interest
in or
right over property of any description shall be compulsorily acquired,
except
for a public purpose and by or under the provisions of a law that
prescribes
the principles on which and the manner in which compensation therefore
is to be
determined and given.
(2)
Every person having an
interest in or right over property that is compulsory taken possession
of or
whose interest in or right over any property is compulsorily acquired
shall
have a right of direct access to the High Court for -
(a)
the determination of
his interest or right, the legality ofthe taking of possession or
acquisition
of the property, interest or right and the amount of any compensation
to which
he is entitled; and
(b)
the purpose of
enforcing his right to prompt payment of that compensation:
Provided
that, if
Parliament so provides in relation to any matter referred to in
sub-paragraph
(a), the right of access shall be by way of appeal (exercisable as of
right at
the instance of the person having the interest in or right over the
property)
from a tribunal or authority, other than the High Court, having
jurisdiction
under any law to determine that matter.
(3)
The Chief Justice may
make rules with respect to the practice and procedure of the High Court
or,
subject to such provision as may have been made in that behalf by
Parliament,
with respect to the practice and procedure of any other tribunal or
authority
in relation to the jurisdiction conferred on the High Court by
paragraph (2) or
exercisable by the other tribunal or authority for the purposes of that
paragraph (including rules with respect to the time within which
applications
or appeals to the High Court or applications to the other tribunal or
authority
may be brought).
(4)
A person who is
entitled to compensation by virtue of paragraph (1) shall not be
prevented from
remitting-, within a reasonable time after he has received any amount
of that
compensation in the form of a sum of money or, as the case may be, has
received
any such amount in some other form and has converted any of that amount
into a
sum of money, the whole of that sum of money (subject to any tax that
applies
generally to persons remitting moneys but free from any other
deduction, charge
or tax made or levied in respect of its remission) to any country of
his choice
outside Nevis.
(5)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (4) to the extent that the law in
question
authorises -
(a)
the attachment, by
order of a court, of any amount of compensation to which a person is
entitled
in satisfaction of he judgement of a court or pending the determination
of
civil proceedings to which he is a party;
(b)
the imposition of
reasonable restrictions on the manner in which any sum of money is to
be
remitted; or
(c)
the imposition of
reasonable restrictions upon the remission of any sum of money in order
to
prevent or regulate the transfer to a country
outside Nevis of
capital raised in Nevis or in some other country or derived from the
natural
resources of Nevis.
(6)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (1) -
(a)
to the extent that the
law in question makes provision for the taking of possession of or
acquisition
of any property, interest or right-
(i)
in satisfaction of any
tax, rate or due;
(ii)
by way, of penalty
for breach of any law or forfeiture in consequence of breach of any law;
(iii)
as an incident of a
lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv)
in the execution of
judgements or orders of a court in proceedings for the determination of
civil
rights or obligations,
(v)
in circumstances where
it is reasonably necessary so to do because the property is in a
dangerous
state or likely to be injurious to the health of human beings,
animals
or
plants;
(vi)
in consequence of any
law with respect to the limitation of actions; or .
(vii)
for so long only as
may be necessary for those purposes, for the purposes of any
examination,
investigation, trial or inquiry or, in the case of land, for the
purposes of
the carrying out thereon of work of soil conservation or the
conservation of
other natural resources or work relating to agricultural development or
improvement (being work relating to such development or improvement
that the
owner or occupier of the land has been required, and has without
reasonable
excuse refused or failed, to carry out), and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society; or
(b)
to the extent that the
law in question makes provision for the taking of possession of or
acquisition
of any of the following property (including an interest in or right
over property),
that is to say -
(i)
enemy property;
(ii)
property of a
deceased person, a person of unsound mind or a person who has not
attained the
age of eighteen years, for the purpose of its administration for the
benefit
ofthe persons entitled to the beneficial interest therein;
(iii)
property of a person
adjudged bankrupt or a body corporate in liquidation, for the purpose
of its
administration for the benefit of the creditors of the bankrupt or body
corporate and, subject thereto, for the benefit of other persons
entitled to
the beneficial interest in the property, or
(iv)
property subject to a
trust, for the purpose of vesting the property in persons appointed as
trustees
under the instrument creating the trust or by a court or, by order of a
court,
for the purpose of giving effect to the trust.
(7)
Nothing contained in
or done under the authority of any law by Parliament shall be held to
be
inconsistent with or in contravention of this article to the extent
that the
law in question makes provision for the compulsory acquisition of any
interest
in or right over property, where that property, interest or right is
held by a
body corporate established by law for public purposes in which no
moneys have
been invested other than moneys provided by Parliament or by a
legislature
formerly having legislative authority in or for Nevis. '
Protection from
arbitrary
search:
21.
-
(1) Except with his
own consent, a person shall not be subject to the search of his person
or his
property or the entry by others on his premises.
(2)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of this article to the extent that the law in question
makes
provision -
(a)
that is reasonably
required in the interests of defence, public safety, public order;
public
morality; public health; town and country planning, the development and
utilisation of mineral resources or the development or utilisation of
any
property for a purpose beneficial to the community;
(b)
that is reasonably
required for the purpose of protecting the rights or freedoms of other
persons;
(c)
that authorises an
officer or agent of the Government, a local government authority or a
body
corporate established by law for public purposes to enter on the
premises of
any person in order to inspect those premises or anything thereon for
the
purpose of any tax, rate or due or in order to carry out work connected
with
any
property
that is lawfully
on those premises and that belongs to the Government, authority or body
corporate, as the case' may be; or
(d)
that authorises, for
the purpose of enforcing the judgement or order of a court in any civil
proceedings, the search of any person or property by order of a court
or entry
upon any premises by such an order, and
except so far as that
provision or, as the case may be, anything done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Protection
of the law:
22.
(1) All persons are
equal before the law and are entitled without any discrimination to the
equal
protection of the law.
(2)
If any person is
charged with a criminal offence, then, unless the charge is withdrawn,
the case
shall be afforded a fair hearing within a reasonable time by an
independent and
impartial court established by law.
(3)
Every person who is
charged with a criminal offence -
(a)
shall be presumed to
be innocent until he is proved or has pleaded guilty;
(b)
shall be informed as
soon as reasonably practicable, in a language that he understands and
in
detail, of the nature of the offence charged;
(c)
shall be given
adequate time and facilities for the preparation of his defence;
(d)
shall be permitted to defend
himself before the court in person or, at his own expense, by a legal
practitioner of his own choice;
(e)
shall be afforded
facilities to examine in person or by his legal representative the
witnesses
called by the prosecution before _he court, and to obtain the
attendance and
carry out the examination of witnesses to testify on his behalf before
the
court on the same conditions as those applying to witnesses called by
the
prosecution; and
(1)
shall be permitted to
have without payment the assistance of an interpreter if he cannot
understand
the language used at the trial, and
except with his own
consent the trial shall not take place in his absence unless he so
conducts
himself as to render the continuance of the proceedings in his presence
impracticable
and the court has ordered him to be removed and the trial to proceed in
his
absence:
Provided
that the trial
may take place in his absence in any case in which it is so provided by
a law
under which he is entitled to adequate notice of the charge and the
date, time
and place of the trial and to a reasonable opportunity of appearing
before the
court.
(4)
When a person is tried
for any criminal offence, the accused person or any person authorised
by him in
that behalf shall, if he so requires and subject to payment of such
reasonable
fee as may be prescribed by law, be given within a reasonable time
after
judgement a copy for the use of the accused person of any record of the
proceedings made by or on behalf of the court.
(5)
A person shall not be held to be guilty of a criminal offence on
account of any
act or omission that did not, at the time it took place, constitute
such an
offence, and no penalty shall be imposed for any criminal offence that
is
severer in degree or description than the maximum penalty that might
have been
imposed for that offence at the time when it was committed.
(6)
A person who shows
that he has been tried by a competent court for a criminal offence and
either
convicted or acquitted shall not again be tried for that offence or for
any
other criminal offence of which he could have been convicted at the
trial for
that offence, save upon the order of a superior court in the course of
appeal
or review proceedings relating to the conviction or acquittal.
(7)
A person shall not be
tried for a criminal offence if he shows that he has been pardoned for
that
offence.
(8)
A person who is tried
for a criminal offence shall not be compelled to give evidence at the
trial.
(9)
A person who is charged
with an offence in a superior court shall have the right to trial by
jury.
(10)
Every person
convicted of a crime shall have the right to have his conviction and
sentence
reviewed by a higher tribunal according to law.
(11)
Any court or other
authority prescribed by law for the determination of the existence or
extent of
any civil right or obligation shall be established by law and shall be
independent and impartial, and where proceedings for such a
determination are
instituted by any person before such a court or other authority, the
case shall
be given a fair hearing within a reasonable time.
(12)
Where the existence
or extent of any civil right or obligation has been determined in
proceedings
in any court or before any other authority any party to those
proceedings
shall, if he so requires and subject to payment of such
reasonable fee as may
be prescribed by law, be entitled to obtain within a reasonable time
after the
judgement or other determination a copy of any record of the
proceedings made
by or on behalf of the court or other authority.
(13)
Except with the
agreement of all the parties thereto, all proceedings of every court
and all
proceedings for the determination of the existence or extent of any
civil right
or obligation before any other authority, including the announcement of
the
decision of the court or other authority, shall be held in public.
(14)
Nothing in paragraph
(13) shall prevent the court or other adjudicating authority from
excluding
from the proceedings persons other than the parties thereto and the
legal
practitioners representing them to such extent as the court or other
authority
-
(a)
may by law be empowered to do and may consider necessary or expedient
in
circumstances where publicity would impair the interests of justice or
in
interlocutory proceedings or in the interests of public morality, the
welfare
of persons under the age of eighteen years or the protection of the
private
lives of persons concerned in the proceedings; or
(b)
may by law be empowered or required to do in the interests of defence,
public
safety or public order.
(15)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of -
(a)
paragraph (3)(a)
to the extent that the law in
question imposes upon any person charged with a criminal offence the
burden of
proving particular facts;
(b)
paragraph (3)(e) to
the extent that the law in question imposes reasonable conditions that
must be
satisfied if witnesses called to testify on behalf of an accused person
are to
be paid their expenses out of public funds; or
(c)
paragraph (6) to the
extent that the law in question authorises a court to try a member of a
disciplined force for a criminal offence notwithstanding any trial and
conviction or acquittal of that member under the disciplinary law of
that
force, so, however, that any court so trying such a member and
convicting him
shall in sentencing him to any punishment take into account any
punishment
awarded him under that disciplinary law.
(16)
In the case of any
person who is held in lawful detention paragraph (2), sub-paragraphs
(d) and
(e) of paragraph (3) and paragraph (4) shall
not
apply in relation to
his trial for a criminal offence under the law regulating the
discipline of
persons held in such detention.
(17)
In this article,
"criminal offence" means a criminal offence under a law.
Freedom
of conscience:
23.
- (1) Except with his
own consent, a person shall not be hindered in the enjoyment of his
freedom of
conscience, including freedom of thought and of religion, freedom to
change his
religion or belief and freedom, either alone or in community with
others, and
both in public and in private, to manifest and propagate his religion
or belief
in worship, teaching, practice and observance.
(2)
Except with his own
consent (or, if he is a person under the age of eighteen
years, the
consent of a person who is his parent or guardian) a person attending
any place
of education, detained in any prison or corrective institution or
serving in a
defence force shall not be required to receive religious instruction or
to take
part in or attend any religious ceremony or observance if that
instruction,
ceremony or observance relates to a religion that is not his own.
(3)
Every religious
community shall be entitled, at its own expense, to establish and
maintain
places of education and to manage any place of education that it wholly
maintains and such a community shall not be prevented from providing
religious
instruction for persons of that community in the course of any
education that
it wholly maintains or in the course of any education that it otherwise
provides.
(4)
A person shall not be
compelled to take any oath that is contrary to his religion or belief
or to
take any oath in a manner that is contrary to his religion or belief.
(5)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of this article to the extent that the law in question
makes
provision that is reasonably required -
(a)
in the interests of
defence, public safety, public order, public morality or public health;
(b)
for the purpose of
protecting the rights and freedoms of other persons, including the
right to
observe and practise any religion without the unsolicited intervention
of
members of any other religion; or
(c)
for the purpose of
regulating educational institutions in the interests of the persons who
receive
or may receive instruction in them,
and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
(6)
References in this article to a religion shall be construed as
including
references to a religious denomination, and cognate expressions shall
be
construed accordingly.
Freedom
of expression:
24.
-
(1) Except with his
own consent, a person shall not be hindered in the enjoyment of his
freedom of
expression, including freedom to hold opinions without interference,
freedom to
receive ideas and information without interference, freedom to
communicate
ideas and information without interference (whether the communication
is to the
public generally or to any person or class of persons) and freedom from
interference with his correspondence.
(2)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of this article to the extent that the law in question
makes
provision -
(a)
that is reasonably
required in the interests of defence, public safety, public order,
public
morality or public health;
(b)
that is reasonably
required for the purpose of protecting the reputations, rights and
freedoms of
other persons or the private lives of persons concerned in legal
proceedings,
preventing the disclosure of information received in confidence,
maintaining
the authority and independence of the courts or regulating telephony,
telegraphy, posts, wireless broadcasting or television; or
(c)
that imposes
restrictions upon public officers that are reasonably required for the
proper
performance of their functions, and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Freedom
of assembly and
association:
25.-
(1) Except with his
own consent, a person shall not be hindered in the enjoyment of his
freedom of
assembly and association, that is to say, his right to assembly freely
and
associate with other persons and in particular to form or belong to
trade
unions or other associations for the protection of his interests or to
form or
belong to political parties or other political associations.
(2)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of this article to the extent that the law in question
makes
provision -
(a)
that is reasonably
required in the interests of defence, public safety, public order,
public
morality or public health;
(b)
that is reasonably
required for the purpose of protecting the rights or freedoms of other
persons;
or
(c)
that imposes
restrictions upon public officers that are reasonably required for the
proper
performance of their functions. and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Freedom
of movement:
26.
-
(1) A person shall
not be deprived of his freedom of movement, that is to say, the right
to move
freely throughout Nevis, the right to reside in any part of Nevis, the
right to
enter Nevis, the right to leave Nevis and immunity from expulsion from
Nevis.
(2)
Any restriction on a
person's freedom of movement that is involved in his lawful detention
shall not
be held to be inconsistent with or in contravention of paragraph (1).
(3)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (1) to the extent that the law in
question makes
provision -
(a)
for the imposition of
restrictions on the movement or residence within Nevis or on the right
to leave
Nevis of persons generally or any class of persons in the interests of
defence,
public safety, public order, public morality or public health and
except so far
as that provision or, as the case may be, the thing done under the
authority
thereof is shown not to be reasonably justifiable in a democratic
society;
(b)
for the imposition of
restrictions, by order of a court, on the movement or residence within
Nevis of
any person or on any person's right to leave Nevis either in
consequence of his
having been found guilty of a criminal offence under any law or for the
purpose
of ensuring that he appears before a court at a later date for trial of
such a
criminal offence or for proceedings preliminary to trial or for
proceedings
relating to his extradition or lawful removal from Nevis;
(c)
for the imposition of
restrictions on the freedom of movement of any person who is not a
citizen;
(d)
for the imposition of
restrictions on the acquisition or use by any person of land or other
property
in Nevis.,
(e)
for the imposition of
restrictions upon the movement or residence within Nevis or on the
right to
leave Nevis of any public officer that are reasonably required for the
proper
performance of his functions,
(f)
for the removal of a
person from Nevis to be tried or punished in some other country for a
criminal
offence under the law of that other country or to undergo imprisonment
in some
other country in execution of the sentence of a court in respect of a
criminal
offence under a law of which he has been convicted; or
(g)
for the imposition of
restrictions on the right of any person to leave Nevis that are
reasonably
required in order to secure the fulfilment of any obligations imposed
on that
person by law, and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Freedom from discrimination
on grounds of race etc:
27.-
(1) Subject to
paragraphs (4), (5) and (7), no law shall make any provision that is
discriminatory either of itself or in its effect.
(2)
Subject to paragraphs
(6), (7), (8) and (9), a person shall not be treated in a
discriminatory manner
by any person acting by virtue of any written law or in the performance
of the
functions of any public office or any public authority.
(3)
In this article the
expression "discriminatory" means affording different treatment to
different persons attributable wholly or mainly to their respective
descriptions by race, place of origin, birth out of wedlock, political
opinions
or affiliations, colour, sex or creed whereby persons of one such
description
are subjected to disabilities or restrictions to which persons of
another such
description are not made subject or are accorded privileges or
advantages that
are not accorded to persons of another such description.
(4)
Paragraph (1) shall
not apply to any law so far as that law makes provision -
(a)
for the appropriation
of public revenues or other public funds;
(b)
with respect to
persons who are not citizens;
(c)
whereby persons of any
such description as is mentioned in paragraph (3) may be subjected to
any
disability or restriction or may be accorded any privilege or advantage
that,
having regard to its nature and to special circumstances pertaining to
those
persons or to persons of any other such description, is reasonably
justifiable
in a democratic society.
(5)
Nothing contained in
any law shall be held to be inconsistent with or in contravention of
paragraph
(1) to the extent that it makes provision with respect to standards or
qualifications (not being standards or qualifications specifically
relating to
race, place of origin, birth out of wedlock, political opinions or
affiliations, colour, creed or sex) to be required of any person who is
appointed to or to act in any office in or under the Government, any
office in
the service of a local government authority or any office in a body
corporate
established by law for public purposes.
(6)
Paragraph (2) shall
not apply to anything that is expressly or by necessary implication
authorised
to be done by any such provision of law as is referred to in paragraph
(4) or
(5).
(7)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (1) or (2) to the extent that the law in
question
makes provision whereby persons of any such description as is mentioned
in
paragraph (3) may be subjected to any restriction on the rights and
freedoms
guaranteed by articles 21, 23, 24, 25 and 27, being such a restriction
as is
authorised by article 21(2), 23(5), 24(2) or 25(2) or, as the case may
be,
sub-paragraph (a) or (g) of article 26(3).
(8)
Nothing in paragraph
(2) shall affect any discretion relating to the institution, conduct or
discontinuance of civil or criminal proceedings in any court that is
vested in
any person by or under any law.
(9)
Nothing in paragraph
(2) shall apply in relation to the exercise, of any function vested in
any
person or authority by any of the provisions of this Constitution
except
articles 94(1), 95(2), 96(1),97(1),98(1), and 99 (which relate to the
appointment etc. of public officers)
Emergency measures
derogating from article 17 or
27:
28.
Nothing contained in
or done under the authority of a law enacted by Parliament shall be
held to be
inconsistent with or in contravention of article
17
or 27 to the extent that the law authorizes the taking during a period
of public
emergency of measures that are reasonably justifiable for dealing with
the
situation that exists in Nevis or in part of Nevis during that period.
Persons detained
in derogation of article 17:
29.
-
(1) When a person is
detained under emergency measures derogating from article 17 by virtue
of
article 28 the following provisions shall apply, that is to say -
(a)he
shall, with
reasonable promptitude and in any case not more than seven days after
the
commencement of his detention, be informed in a language that he
understands
and in detail of the grounds upon which he is detained and furnished
with a
written statement in English specifying those grounds in detail;
(b)
not more than fourteen
days after the commencement of his detention, a notification shall be
published
in the Gazette stating that he has been detained and giving particulars
of the
provision of law under which his detention is authorised;
(c)
not more than one
month after the commencement of his detention and thereafter during his
detention at intervals of not more than three months, his case shall be
reviewed by an independent and impartial tribunal established by law
and
presided over by a person appointed by the Chief Justice from among
persons who
hold the office of magistrate or who are legal practitioners;
(d)
he shall be afforded
reasonable facilities for private communication and consultation with a
legal
practitioner of his own choice who shall be permitted to make
representations
to the tribunal appointed for the review of the case of the detained
person;
and
(e)
at the hearing of his
case by the tribunal appointed for the review of his case he shall be
permitted
to appear in person or to be represented by a legal practitioner of his
own
choice.
(2)
On any review by a
tribunal in pursuance of this article of the case of a detained person
the
tribunal may make recommendations concerning the necessity or
expediency of
continuing his detention to the authority by which it was ordered but,
unless
it is otherwise provided by law, that authority shall not be obliged to
act in
accordance with any such recommendations.
(3)
Nothing contained in
paragraph (l)(d) or (1)(e) shall be construed as entitling a person to
legal
representation at public expense.
Additional
provision to
be made by Parliament:
30.
(1) An Act of
Parliament may make provision-
(a)
for the protection
against discrimination of the aged and the disabled;
(b)
for the protection of
children and their right to education, and
may declare that such
provision as may be specified in the Act shall have effect as if it
were set
out in this Chapter.
(2)
Article 31 shall apply
to a provision declared by an Act made in accordance with this article
to have
effect as if it were set out in this Chapter and the reference to
Chapter III in article 53(2) shall include
a reference to any provision so
declared.
Enforcement of
protective provisions:
31-
(1) If any person
alleges that any of the provisions of articles 15 to 29 (inclusive) has
been,
is being or is likely to be contravened in relation to him (or, in the
case of
a person who is detained, if any other person alleges such a
contravention in
relation to the detained person), then, without prejudice to any other
action with
respect to the same matter that is lawfully available, that person (or
that
other person) may apply to the High Court for redress.
(2)
The High Court shall
have original jurisdiction -
(a)
to hear and determine
any application made by any person in pursuance of paragraph (1); and
(b)
to determine any
question arising in the case of any person that is referred to it in
pursuance
of paragraph (3), and
may make such
declarations and orders, issue such writs and give such directions as
it may
consider appropriate for the purpose of enforcing or securing the
enforcement
of any of the provisions of articles 15 to 29 (inclusive):
Provided
that the High
Court may decline to exercise its powers under this paragraph if it is
satisfied that adequate means of redress for the contravention alleged
are or
have been available to the person concerned under any other law.
(3)
If in any proceedings
in any court (other than the Court of Appeal or the High Court or a
court-martial) any question arises as to the contravention of any of
the
provisions of articles 15 to 29 (inclusive), the person presiding in
that court
may and, if any _arty to the proceedings so requests, shall refer the
question
to the High Court unless, in his opinion, the raising of the question
is merely
frivolous or vexatious.
(4)
Where any question is
referred to the High Court in pursuance of paragraph
(3), the High
Court shall give its decision upon the question and the court in which
the
question arose shall dispose of the case in accordance with that
decision or,
if that decision is the subject of an appeal to the Court of Appeal or
to Her Majesty
in Council, in accordance with the decision of the Court of Appeal or,
as the
case may be, of Her Majesty in Council.
(5)
The High Court shall
have such powers in addition to those conferred by this article as may
be
conferred upon it by Parliament for the purpose of enabling it more
effectively
to exercise the jurisdiction conferred upon it by this article.
(6)
The Chief Justice may
make rules with respect to the practice and procedure of the High Court
in
relation to the jurisdiction and powers conferred on it by or under
this
article (including rules with respect to the time
within which applications may be brought and references shall be made
to the
High Court). .
Declaration
of emergency:
32.
-
(1) The
Governor-General may by proclamation
declare that for the purposes of this Chapter a state of emergency
exists
either in Nevis or in part of Nevis.
(2)
A proclamation under
paragraph (1) shall not be effective unless it includes a declaration
that the
Governor-General is satisfied that a public emergency has arisen -
(a)
because of the
possibility that Nevis may shortly be at war;
(b)
because of the
occurrence of any accident or natural calamity; or
(c)
because action has
been taken by any person, or there is an imminent threat of action by
any
person, of such a nature and on so extensive a scale as to be likely to
endanger the public safety or to deprive the community or any
substantial
portion of the community of supplies or services essential to life.
(3)
Every declaration of
emergency shall lapse -
(a)
in the case of a
declaration made when the House of Assembly is sitting, at the
expiration of a
period of seven days beginning with the date of publication of the
declaration;
and
(b)
in any other case, at
the expiration of a period of twenty-one days beginning with the date
of
publication of the declaration,
unless it has in
the meantime
been approved by resolution of the Assembly.
(4)
A declaration of
emergency may at any time be revoked by the Governor-General by
proclamation. .
(5)
Unless sooner revoked,
a declaration of emergency that has been approved by resolution of the
House of
Assembly shall cease to be in force if that resolution ceases to be in
force.
(6)
A resolution of the
House of Assembly passed for the purposes of this article shall remain
in force
for twelve months or such shorter period as may be specified therein:
Provided
that any such
resolution may be extended from time to time by a further such
resolution, each
extension not exceeding twelve months from the date of the resolution
effecting
the .extension; and any such resolution may be revoked at any time by a
further
resolution.
(7)
A resolution of the
House of Assembly for the purposes of paragraph (3) and a resolution of
the
Assembly extending any such resolution shall not be passed in the
Assembly
unless it is supported by the votes of not less than two-thirds of all
the
Representatives and Senators; and a resolution revoking any such
resolution
shall not be so passed unless it is supported by the votes of a
majority of all
the Representatives and Senators.
(8)
Any provision of this
article that a declaration of emergency shall lapse or cease to be in
force at
any particular time is without prejudice to the making of a further
declaration
of emergency whether before or after that time.
(9)
In this article
"declaration of emergency" means a declaration under paragraph (1).
Interpretation
and savings:
33.
(1) In this Chapter,
unless the context otherwise requires -
"contravention",
in relation to any requirement, includes a failure to comply with that
requirement,
and cognate expressions shall be construed accordingly;
"court"
means
any court of law having jurisdiction in Nevis other than a court
established by
a disciplinary law, and includes Her Majesty in Council and in articles
16 and
18 a court established by a disciplinary law; "disciplinary
law" means a law regulating the discipline of any disciplined force; disciplined
force" means -(a)
a defence force; (b) the Police Force; or ( c) a prison service;
"member",
in
relation to a disciplined force, includes any person who, under the law
regulating the discipline of that force, is subject to that discipline.
(2)
In this Chapter
"a period of public emergency" means any period during which -
(a)
Nevis is at war; or
(b)
there is in force a
declaration under article 32 that a state of emergency exists in Nevis
or in
part of Nevis.
(3) In relation
to any person who is a member
of a disciplined force of Nevis, nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this
Chapter
other than articles 16, 18 and 19.
(4) In relation to
any person who is a member of a disciplined force of a country other
than Nevis
and lawfully present in Nevis, nothing contained in or done under the
authority
of the disciplinary law of that force shall be held to be inconsistent
with or
in contravention of any of the provisions of this Chapter.
(5)
Nothing in this Chapter
shall be construed as empowering the legislature to make any law that
would
impede the due exercise by any person or authority of any power or
other
function vested in that person or authority by this Constitution.
CHAPTER
IV
THE
GOVERNOR-GENERAL
Establishment
of office:
34.
(1) There shall be a
Governor-General for Nevis who shall be appointed by Her Majesty and
shall hold
office during Her Majesty's pleasure and who shall be Her Majesty's
Representative in Nevis.
(2) A
person shall
not be qualified to be appointed
to the office of Governor General unless he and one of his parents
are
citizens of Nevis by virtue of article 4 or article 8.
Acting
Governor-General:
35
(1) During any period
when the office of the Governor-General is vacant or the holder of the
office
of Governor-General is absent from Nevis or is for any other reason
unable to
perform the functions of his office those functions shall be performed
by such
person as Her Majesty may appoint.
(2)
Any person appointed
under paragraph (I) shall hold office during Her Majesty's pleasure and
shall
in any case cease to perform the functions of the office of
Governor-General if
the holder of the office of Governor General has notified him that
he is-
about to assume or resume those functions.
Deputy
to
Governor-General:
36
(I) When the
Governor-General -
(a)
has occasion to be
absent from the seat of government but not from Nevis for a period
determined
in his own deliberate judgement;
(b)
has occasion to be
absent from Nevis for a period that he considers, in his own deliberate
judgement, will be of short duration; or
(c)
is suffering from an
illness that he considers, in his own deliberate judgement, will be of
short
duration, . he
may, acting in
accordance with the advice of the Prime Minister, appoint any person in
Nevis
to be his deputy during such absence or illness and in that capacity to
perform
on his behalf such of the functions of the office of Governor-General
as may be
specified in the instrument by which he is appointed.
(2)
The power and
authority of the Governor-General shall not be abridged, altered or in
any way
affected by the appointment of a deputy under this article and, subject
to the
provisions of this Constitution and any other law, a deputy shall
conform to
and observe all instructions that the Governor-General,
acting
in his own deliberate judgement, may from time to time address to him:
Provided
that the question
whether or not a deputy has conformed to and observed any such
instructions
shall not be enquired into by any Court.
(3)
A person appointed as
deputy under this article shall hold his appointment for such period as
may be
specified in the instrument by which he is appointed, and his
appointment may
be revoked at any time by the Governor-General, acting in accordance
with the
advice of the Prime Minister.
Oaths:
37.
A person appointed to
hold or act in the office of Governor-General or to be his deputy
shall, before
entering upon the duties of that office, take and subscribe the oath of
allegiance and the oath of office.
CHAPTER
V
PARLIAMENT
PART
l
Composition
of
Parliament
Establishment:
38.
There shall be a
Parliament of Nevis which shall consist of Her Majesty and a House of
Assembly.
House of
Assembly:
39.
(1) The House of
Assembly shall consist of-
(a)
such number of Representatives as corresponds with the number of
constituencies
for the time being established in accordance with article 48; and
(b)
such number of Senators as is specified in paragraph (2) of this
article, who
shall be appointed in accordance with article 44.
(2)
The number of Senators
shall be three or such greater number (not exceeding two-thirds of the
number
of Representatives) as may be prescribed by Parliament:
Provided
that at any time
when a person who is a Senator holds the office of Attorney-General the
number
of Senators shall be increased by one.
(3)
If a person who is not
a member of the Assembly is elected to be Speaker he shall, by virtue
of
holding the office of Speaker, be a member of the Assembly.
(4)At
any time when the
office of Attorney-General is a public office the Attorney-General
shall, by
virtue of holding or acting in that office, be a member of the Assembly.
Sitting
or voting when
not entitled to do so:
40
(1) Any person who sits
or votes in the Assembly knowing or having reasonable grounds for
knowing that
he is not entitled to do so shall be guilty of a criminal offence and
liable to
a fine not exceeding one hundred dollars, or such other sum as may be
prescribed
by Parliament, for each day on which he so sits or votes in the
Assembly.
(2)
Any prosecution for an offence under paragraph (1) shall be instituted
in the
High Court and shall not be so instituted except by or on the
directions of the
Director of Public Prosecutions.
Qualifications for
Representatives and Senators:
41.
Subject to article 42
a person shall be qualified to be elected or appointed as a member
ofthe
Assembly if, and shall not be so qualified unless, he is a citizen of
the age
of eighteen years or upwards and he or one of his parents was born in
Nevis.
Disqualifications
for
Representatives and Senators:
42.
-(1) A person shall
not be qualified to be elected or appointed as a member if he -
(a)
is, by virtue of his
own act, under any acknowledgement of allegiance, obedience or
adherence to a
foreign power or state;
(b)
is a minister of
religion;
(c)
is an undischarged
bankrupt, having been adjudged or otherwise declared bankrupt under any
law;
(d)
is a person certified
to be insane or otherwise adjudged to be of unsound mind under any law;
or
(
e)
is under sentence of death imposed on him by a Court of law in
any
part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called)
exceeding twelve months imposed on him by such a Court or substituted
by
competent authority for some other sentence imposed on him by such a
Court, or
is under such a sentence of imprisonment the execution of which has
been
suspended.
(2)
If
it is so provided by Parliament, a person shall not be qualified to be
elected
or appointed as a member if he holds or is acting in any office that is
specified by Parliament and the functions of which involve
responsibility for,
or in connection with, the conduct of any election of Representatives
or the
compilation of any register of voters for the purpose of electing
Representatives.
(3)
If it is so provided by Parliament, a person who is convicted by any
court of
law of any criminal offence that is prescribed by Parliament and that
is
connected with the election of Representatives or is reported guilty of
such an
offence by the Court trying an election petition shall not be
qualified, for
such a period (not exceeding five years) following his conviction or,
as the
case may be, following the report of the Court as may be so prescribed,
to be
elected or appointed as a member.
(4)
A person shall not be qualified to be elected as a Representative who
is a
Senator; and a person shall not be qualified to be appointed as a
Senator who
is, or is nominated for election as, a Representative or who has at any
time
since Parliament was last dissolved stood as a candidate for election
as a
Representative without being so elected.
(5)
If it is so provided by Parliament and subject to such exceptions and
limitations (if any) as Parliament may prescribe, a person shall not be
qualified
to be elected or appointed as a member if -
(a)
he holds or is acting in any office or appointment in the public
service
(whether specified individually or by reference to a class of office or
appointment);
(b)
he belongs to any defence force or to any class of person that is
comprised in
any such force;
(c)
he belongs to any police force or to any class of person that is
comprised in
any such force; or
(d)
subject to any exceptions or limitations prescribed by Parliament, he
has any
such interest in any such government contract as may be so prescribed.
(6)
In this article -
"government
contract" means any contract made with the Government or with a
department
of the Government or with an officer of the Government contracting as
such; "member"
means
member of the Assembly;
(7)
For the purposes of
sub-paragraph (d) of paragraph (1) -
(a)
two or more sentences
of imprisonment that are required to be served consecutively shall be
regarded
as separate sentences if none of those sentences exceeds twelve months,
but if
anyone of such sentences exceeds that term they shall be regarded as
one
sentence; and
(b)
no account shall be
taken of a sentence of imprisonment imposed as an alternative to or in
default
of the payment of a fine.
Election of
Representatives:
43.-
(1) Each of the
constituencies established in accordance with the provisions of article
48
shall return one Representative to the Assembly who shall be elected in
such
manner as may, subject to the provisions of this Constitution, be
prescribed by
or under any law enacted by Parliament.
(2)
Every citizen of Nevis
and Commonwealth citizen of the age of eighteen years or upwards who
possesses
such qualifications relating to residence or domicile in Nevis as
Parliament
may prescribe shall, unless he is disqualified by Parliament from
registration
as such, be entitled to be registered
as a voter for
the purpose of electing Representatives in one (but not more than one)
constituency in accordance with the provisions of any law in that
behalf and no
other person may be registered as such.
(3)
Every citizen of Nevis
and Commonwealth citizen who is registered under paragraph (2) in any
constituency shall, unless he is disqualified by Parliament from voting
in any
election of Representatives, be entitled so to vote in that
constituency in
accordance with the provisions of any law in that behalf and no other
person
may so vote.
(4)
In any election of
Representatives the votes shall be given by ballot in such manner as
not to
disclose how any particular person votes.
Appointment
of Senators:
44.-
(1) Of the Senators -
(a)
one-third of their
number (excluding any Senator who holds the office of Attorney-General)
shall
be appointed by the Governor General, acting in accordance with
the advice of
the Leader of the Opposition; and
(b)
the others shall be
appointed by the Governor-General, acting in accordance with the advice
of the
Prime Minister.
(2)
In this section
"one-third" means, in relation to a number of Senators that is not a
multiple of three, one-third of the next higher number that is such a
multiple.
(3)
Where there is no Representative opposed to the Government or no
Representative
who. is willing to assume the functions of Leader 'of the Opposition
the
Governor-General acting in his own deliberate judgement shall exercise
the
powers of he Leader of the Opposition under paragraph (1) (a) of this
article.
Tenure
of Office of Representatives and Senators:
45.-
(1) An elected or appointed member shall vacate his seat in the House
of
Assembly at the next dissolution of Parliament after his election or
appointment.
(2)
A Senator appointed -
(a)
under paragraph (1)(a)
of article 44 shall vacate his seat in the Assembly if his appointment
is
revoked by the Governor-General, acting on the advice of the Leader of
the
Opposition;
(b)
under paragraph (1)(b)
of that article shall vacate his seat in the Assembly if his
appointment is
revoked by the Governor-General, acting in accordance with the advice
of the
Prime Minister; or
(c)
under paragraph (3) of
that article shall vacate his seat in the Assembly if his appointment
is
revoked by the Governor-General in his own deliberate judgement.
(3)
An elected or appointed member shall also vacate his seat in the
Assembly -
(a)
if he is absent from
the sittings of the Assembly for such period and in such circumstances
as may
be prescribed in the rules of procedure of the Assembly;
(b)
if he ceases to be a
citizen, unless he holds the office of Attorney-General as a
public office;
(c)
subject to paragraph
(4), if any other circumstances arise that, if he
were not a member,
would cause him to be disqualified to be elected or appointed as such
by virtue
of paragraph (1) of article 42 or of any law enacted in pursuance of
paragraphs
(2), (3) or (5) of that article; or
(d)
in the case of a
Senator who holds the office of Attorney-General, if he ceases to hold
that
office.
(4)
(a)
If any such
circumstances as are referred to in sub-paragraph (c) of paragraph (3)
arise
because an elected or appointed member is under sentence of death or
imprisonment, adjudged to be of unsound mind, declared bankrupt or
convicted or
reported guilty of an offence relating to elections and if it is open
to the
member to appeal against the decision (either with the leave of a court
of law
or other authority or without such leave), he shall forthwith cease to
perform
his functions as a member but, subject to the provisions of this
article, he
shall not vacate his seat until the expiration of a period of thirty
days
thereafter: Provided
that the Speaker
may, at the request of the member, from time to time extend that period
for
further periods of thirty days to enable the member to pursue an appeal
against
the decision, so, however, that extensions of time exceeding in the
aggregate
one hundred and fifty days shall not be given without the approval,
signified
by resolution, of the Assembly.
(b)
If, on the
determination of any appeal, such circumstances continue to exist and
no
further appeal is open to the member or if, by reason of the expiration
of any
period for entering an appeal or notice thereof on the refusal of leave
to
appeal or for any other reason, it ceases to be open to the member to
appeal,
he shall forthwith vacate his seat.
(c)
If at any time before
the member vacates his seat such circumstances cease to exist, his seat
shall
not become vacant on the expiration of the period referred to in
sub-paragraph
(a) of this paragraph and he may resume the performance of his
functions as a
member. .
(5)
In this article
"member" means member of the Assembly.
Speaker:
46.--
(1)
When the Assembly
first meets after any general election and before it proceeds to the
despatch
of any other business, it shall elect a person to be the Speaker of the
Assembly; and if the office of Speaker falls vacant at any time before
the next
dissolution of Parliament, the Assembly shall, as soon as practicable,
elect
another person to that office.
(2)
The Speaker may be
elected from among the members of the Assembly who are not members of
the
Cabinet or from among persons who are not members of the Assembly but
who are
qualified for election as a Representative or appointment as a Senator.
(3)
No business shall be
transacted in the House of Assembly (other than the election of a
Speaker) at
any time when the office of Speaker is vacant.
(4)
A person shall vacate
the office of Speaker -
(a)
in the case of a
Speaker elected from among the members of the House of Assembly-
(i)
if he ceases to be a
member of the Assembly; Provided
that the Speaker
shall not vacate his office by reason only that he has ceased to be a
member of
the House of Assembly on a dissolution of Parliament, until the House
of
Assembly first meets after the dissolution; or
(ii)
if he becomes a
member of the Cabinet or a Minister .of State;
(b)
in the case of a
Speaker elected from among persons who are not members of the House of
Assembly-
(i)
when the Assembly
first meets after any dissolution of Parliament;
(ii)
if he ceases to be a
citizen; or
(iii)
if any circumstances
arise that would cause him to be disqualified for election as a
Representative
or appointment as a Senator; or
(c)
if the House of
Assembly by a resolution which has received the affirmative vote of a
majority
of all its members has resolved that his appointment as such be revoked.
Provided
that -
(i)
at least ten days
notice of the moving of the resolution is given;
(ii) the ground for
the moving of the resolution is
stated therein;
(iii)
the Clerk of the
Assembly shall preside over the sitting at which the resolution is
taken.
(5)
If the Speaker is, for
any reason unable to perform the functions of his office, the House of
Assembly
shall elect a person qualified to be elected as Speaker to perform the
functions of the office of Speaker until the Speaker is able to resume
those
functions.
(6)
(a)
If, by virtue of
article 45(4), the Speaker is required to cease to perform his
functions as a
member of the House of Assembly he shall also cease to perform his
functions as
Speaker and those functions shall, until he vacates his seat in the
Assembly or
resumes the performance of the functions of his office, be performed by
such
other person as the House of Assembly may elect for the purpose.
(b)
If the Speaker resumes the performance of his functions as a member of
the
Assembly, he shall also resume the performance of his functions as
Speaker.
Electoral
and BoundariesnCommission:
47.-
(1) There shall be an
Electoral and Boundaries Commission for Nevis (hereinafter in this Part
referred to as "the Commission").
(2)
The Commission shall
consist of a Chairman and two other members.
(3)
The Chairman shall be
appointed by the Governor-General acting in his own deliberate
judgement; one
of the other members shall be appointed by the Governor-General on the
advice
of the Prime Minister and one by the Governor-General on the advice of
the
Leader of the Opposition. Provided
that where there
is no Representative opposed to the Government or no Representative
willing to
assume the functions of Leader of the Opposition, the Governor-General
acting
in his own deliberate judgement shall appoint the third member of the
Commission.
(4)
No person shall be
qualified to be appointed as a member of the Commission if he is a
member of the
House of Assembly or if he holds or is acting in any public office.
(5)
If any member of the
Commission dies or resigns, the Governor-General shall appoint another
person
in his place in the same manner in which such member was appointed.
(6)
Subject to the
provisions of this article, the office of a member of the Commission
shall
become vacant -
(a)
at the expiration of
five years from the date of his appointment; or
(b)
if any circumstances
arise that, if he were not a member of the Commission, would cause him
to be
disqualified for appointment as such.
(7)
A member of the Commission may be removed from office only for
inability to
perform the functions of his office (whether arising from infirmity of
mind or
body or from any other cause) or for misbehaviour, and shall not be so
removed
except in accordance with the provisions of this article.
(8)
If the office of a
member of the Commission is vacant or a member is for any reason unable
to
perform the functions of his office, the Governor General may
appoint another
person in the same manner in which such member was appointed, to act as
a
member of the Commission, and any person so appointed shall, subject to
the
provisions of paragraph (7) of this article, continue to act until he
is
notified by the Governor-General that the circumstances giving rise to
the
appointment have ceased to exist.
(9)
A member of the
Commission shall not enter upon the duties of his office unless he has
taken
and subscribed the oath of allegiance and the oath of office.
(10)
The provisions of
article 114 (which relate to removal from office and suspension) shall
apply to
the office of a member of the Commission, and the prescribed authority
for the
purposes of that article shall be the Prime Minister acting after
consultation
with the Leader of the Opposition.
(11)
The Commission may
regulate its own procedure and, with the approval of the
Governor-General given
in accordance with the advice of the Prime Minister, confer powers or
impose
duties on any public officer or authority of the Government for the
purpose of
the discharge of its functions..
(12)
The functions of the
Commission shall include the supervision of the Supervisor of Elections
in the
performance of his functions under article 49.
(13)
The Commission may,
subject to its rules of procedure, act notwithstanding any vacancy in
its
membership and its proceedings shall not
be invalidated by the
presence or participation of any person not entitled to be present at
or to
participate in those proceedings:
Provided
that any decision
of the Commission shall require the concurrence of a majority of all
its
members.
Review
of constituency
boundaries:
48.-
(1) The Commission
shall, in accordance with the provisions of this article, review the
number and
boundaries of the constituencies into which Nevis is divided and submit
to the
Prime Minister for presentation to the House of Assembly, reports
either-
(a)
showing the
constituencies into which it recommends that Nevis should be divided in
order
to give effect to the rules set out in the First Schedule; or
(b)
stating that, in its
opinion, no alteration is required to the existing number or boundaries
of
constituencies in order to give effect to those rules.
(2)
Reports under
paragraph (1) shall be submitted by the Commission as soon as may be
after the
commencement of this Constitution and thereafter at intervals of not
less than
two nor more than five years.
(3)
As soon as may be
after the Commission has submitted a report under paragraph (1) (a),
the Prime
Minister shall lay before the Assembly for its approval the draft of a
proclamation by the Governor-General for giving effect, whether with or
without
modifications, to the recommendations contained in the report, and that
draft
proclamation may make provision for any matters that appear to the
Prime
Minister to be incidental to or consequential upon the other provisions
of the
draft.
(4)
Where any draft
proclamation laid before the House of Assembly gives effect to any
recommendations of the Commission with modifications, the Prime
Minister shall
lay before the House of Assembly together with the draft a statement of
the
reasons for the modifications.
(5)
If the motion for the
approval of any draft proclamation laid before the House of Assembly
under
paragraph (3) is rejected by the Assembly, or is withdrawn by leave of
the
Assembly, the Prime Minister within 45 days shall amend the draft and
lay the
amende | | | |
04th February 2005 
