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Statutory Instruments 1983 No.881
Saint Christopher and Nevis

The Saint Christopher an Nevis Constitution Order 1983

Made: 22nd June 1983

Coming into Operation: 23rd June 1983

Arrangement of Order

Section Page

1. Citation and commencement. 1
2. Revocation. 2
3. Establishment of Constitution. 2
4. Preparatory measures. 2

SCHEDULES:

1. THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS 3
2. TRANSITIONAL PROVISIONS 116

At the Court at Buckingham Palace Majesty in Council

Whereas the status of association of Saint Christopher and Nevis with the United Kingdom will terminate on 19th September 1983 and it is necessary to establish a new constitution for Saint Christopher and Nevis upon its attainment of fully responsible status within the Commonwealth:

And whereas the associated state of Saint Christopher and Nevis has, by a resolution passed in the House of Assembly thereof on 16th March 1983, requested and consented to the making of this Order for that purpose:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967 (a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

1. Citation and Commencement.

(1) This Order may be cited as the Saint Christopher and Nevis Constitution Order 1983.

(2) This Order shall come into operation of 23rd June 1983.

SCHEDULE 1 TO THE ORDER

THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS

Arrangement of sections

CHAPTER I

THE FEDERATION AND THE CONSTITUTION

Section Page

1. The Federation and its territory. 8
2. Constitution is supreme law. 8

CHAPTER II

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

3. Fundamental rights and freedoms. 9
4. Protection of right to life. 9
5. Protection of right to personal liberty. 9
6. Protection from slavery and forced labour. 11
7. Protection from inhuman treatment. 12
8. Protection from deprivation of property. 12
9. Protection from arbitrary search or entry. 14
10. Provisions to secure protection of law. 15
11. Protection of freedom of conscience. 17
12. Protection of freedom of expression. 18
13. Protection of freedom of assembly and association. 18
14. Protection of freedom of movement. 19
15. Protection from discrimination on the grounds of race etc. 20
16. Emergency measures derogating from s.5 or 15. 21
17. Protection of persons detained in derogation from s.5. 22
18. Enforcement of protective provisions. 22
19. Declaration or emergency. 23
20. Interpretation and savings. 25

CHAPTER III

THE GOVERNOR-GENERAL

21. Establishment of office. 26
22. Acting Governor-General. 26
23. Deputy to Governor-General. 26
24. Oaths. 27

CHAPTER IV

PARLIAMENT

PART 1

Composition of Parliament

25. Establishment. 28
26. National Assembly. 28
27. Qualifications for Representatives and Senators. 28
28. Disqualifications for Representatives and Senators. 28
29. Election of Representatives. 30
30. Appointment of Senators. 30
31. Tenure of office of Representatives and Senators. 31
32. Speaker and Deputy Speaker. 32
33. Electoral Commission. 33
34. Supervisor of Elections. 34
35. Clerk of National Assembly and his staff. 34
36. Determination of questions of membership. 34

PART 2

Legislation and procedure or Parliament

37. Power to make laws. 36
38. Alteration of Constitution and Supreme Court Order. 36
39. Oath. 38
40. Presiding. 38
41. Voting. 38
42. Mode of exercise of legislative power. 39
43. Restrictions with regard to certain financial measures. 39
44. Regulation of procedure in National Assembly. 40
45. Freedom of speech. 40

PART 3

Summoning, prorogation and dissolution

46. Sessions. 40
47. Prorogation and dissolution. 40
48. Holding of elections. 41

PART 4

Delimitation of Constituencies

49. Constituency Boundaries Commission. 41
50. Review of constituency boundaries. 42

CHAPTER V

THE EXECUTIVE

Executive Authority. 43

Ministers. 43

Cabinet. 44

Allocation of portfolios. 45

Absence or illness of Prime Minster. 45

Exercise of Governor-General's functions. 45

Governor-General to be kept informed. 47

Leader of the Opposition. 47

Parliamentary Secretaries. 48

Oaths. 48

Permanent Secretaries. 48

Secretary to Cabinet. 48

Constitution of offices etc. 49

Attorney-General. 49

Control of public prosecutions. 49

Prerogative of mercy. 50

Committee on Prerogative of Mercy. 50

Functions of Committee. 51

CHAPTER VI

FINANCE

Consolidated Fund. 51

Withdrawals from Consolidated Fund by appropriation law. 51

Authorization of expenditure from Consolidated Fund by appropriation law. 52

Authorization of expenditure in advance of appropriation. 52

Warrants for unforeseen expenditure. 53

Remuneration of certain officers. 53

Public debt. 53

Audit of public accounts etc. 54

CHAPTER VII

THE PUBLIC SERVICE

PART 1

The Public Service Commission

Public Service Commission. 54

Appointment etc. of public officers. 57

PART 2

Appointment etc. to particular offices

Appointment etc. of permanent secretaries and certain other officers. 58

Attorney-General when a public officer. 59

Director of Public Prosecutions. 59

Director or Audit. 60

Appointment etc. of magistrates, registrars and legal officers. 62

PART 3

The Police

Police Service Commission. 62

Appointment etc. of police officers. 63

PART 4

The Public Service Board of Appeal

Public Service Board of Appeal. 64

Appeals to Public Service Board of Appeal. 66

PART 5

Pensions

Pensions laws and protection of pensions rights. 67

Power to withhold pensions etc. 67

CHAPTER VIII

CITIZENSHIP

Persons who becomes citizens at independence. 68

Persons who become citizens after independence. 69

Registration 69

Dual citizenship. 70

Acquisition, renunciation, certification and deprivation. 71

Interpretation. 71

CHAPTER IX

JUDICIAL PROVISIONS

Original jurisdiction of High Court in constitutional questions. 72

Reference of constitutional questions to High Court. 73

Appeals to Court of Appeal. 73

Appeals to Her Majesty in Council. 73

CHAPTER X

THE ISLAND OF NEVIS

    Nevis Island Legislature. 74

    Nevis Island Assembly. 74

    Nevis Island Administration. 75

    Power to make laws. 76

   Provisions applied with modifications. 76

   Exercise of Governor-General's functions. 77

   Responsibilities of Administrations. 77

   Public safety and public order. 78

   Finance. 78

   Staff. 79

   Revenue allocation. 79

   Grants and loans. 80

   Disputes between Administration and Government. 80

   Separation of Nevis from Saint Christopher. 80

   Interpretation. 81

CHAPTER XI

MISCELLANEOUS

   Secession of Nevis. 82

   Functions of Governor-General. 82

   Resignations. 82

   Re-appointment and concurrent appointments. 83

   Interpretation. 83

   Text of modified provisions. 87

SCHEDULES

PROVISIONS REFERRED TO IN SECTION 38(3). 89

RULES FOR DELIMITATION OF CONSTITUENCIES. 90

ALTERATIONS IF NEVIS SECEDES. 91

FORMS OF OATH. 92

LEGISLATIVE POWERS. 93

TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS. 95

THE CONSTITUTION OF SAINT CHRISTOPHER

AND NEVIS

WHEREAS the People of Saint Christopher and Nevis-

declare that the nation is established on the belief in Almighty God and the inherent dignity of each individual;

assert that they are entitled to the protection of fundamental rights and freedoms;

believe in the concept of true democracy with free and fair elections;

desire the creation of a climate of economic well being in the context of respect for law and order; and

are committed to achieve their national objectives with a unity of purpose:

NOW THEREFORE, the following provisions shall have effect as the Constitution of Saint Christopher and Nevis:-

Chapter I - The Federation and the Constitution.

Chapter II - Protection of Fundamental Rights and Freedoms.

Chapter III - The Governor-General.

Chapter IV - Parliament.

Chapter V - The Executive.

Chapter VI - Finance.

Chapter VII - The Public Service.

Chapter VIII - Citizenship.

Chapter IX - Judicial Provisions.

Chapter X - The Island of Nevis.

Chapter XI - Miscellaneous.

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Chapter I

The Federation And The Constitution.

1. The Federation and its Territory.

The island of Saint Christopher (which is otherwise known as Saint Kitts) and the island of Nevis shall be a sovereign democratic federal state which may be styled Saint Christopher and Nevis or Saint Kitts and Nevis or the Federation of Saint Christopher and Nevis or the Federation of Saint Kitts and Nevis.

The territory of Saint Christopher and Nevis shall comprise all areas that were comprise in the associated state of Saint Christopher and Nevis immediately before 19th September 1983, together with such other areas as may be declared by Parliament to form part of the territory of Saint Christopher and Nevis.

2. Constitution is supreme law.

This Constitution is the supreme law of Saint Christopher and Nevis and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

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Chapter II

Protection Of Fundamental Rights And Freedoms.

3. Fundamental rights and freedoms.

(1) Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to shay, the right, whatever his race, place of origin, birth, political opinions, colours, 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:-

life, liberty, security of the person, equality before the law and the protection of the law;

freedom of conscience, of expression and of assembly and association; and

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 ate 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.

4. Protection of right to life.

(1) A person shall not be deprived of his life intentionally safe 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 subsection (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:-

for the defence of any person from violence or for the defence of property;

in order to effect a lawful arrest, or to prevent the escape, or a person lawfully detained;

for the purpose of suppressing a riot, insurrection or mutiny; or

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.

5. Protection of right to personal liberty.

(1) A person shall not be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say:-

in consequence of his unfitness to plead to a criminal charge;

in execution of the sentence or order of a court, whether established for Saint Christopher and Nevis or some other country, in respect of a criminal offence of which he has been convicted;

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;

in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;

for the purpose of bringing him before a court in execution of the order of a court;

upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;

under the order of a court or with the consent of his parent or guardian, for his education or welfare during any a period ending not later than the date when he attains the age of eighteen years;

for the purpose of preventing the spread of an infectious of contagious disease;

in the case of a person who is, or is reasonably suspected to be, of unsound mound, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment or the protection of the community;

for the purpose of preventing the unlawful entry of that person into Saint Christopher and Nevis or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Saint Christopher and Nevis or for the purpose of restricting that person while he is being conveyed through Saint Christopher and Nevis in the course of his extradition or removal as a convicted prisoner from one country to another; or

to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Saint Christopher and Nevis, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Saint Christopher and Nevis in which, in consequence of any such order, his presence would otherwise be unlawful.

(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:-

for the purpose of bringing him before a court in execution of the order of a court; or

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 of that offence save upon the order of a court.

(5) If any person arrested or detained as mentioned in subsection (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 thereof 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 subsection 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 Crown.

For the purposes of subsection (1)(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 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.

6. Protection from slavery of forced labour.

(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 section, the expression "forced labour" does not include:-

any labour required in consequence of the sentence or order of a court;

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;

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 person is required by law to perform in place of such service; or

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 he 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.

7. Protection from inhuman treatment.

(1) A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.

8. Protection from deprivation of property.

(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 there for is to be determined and given.

(2) Every person having an interest in or right over property that is compulsorily 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:-

the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest of right and the amount of any compensation to which he is entitled; and

the purpose of enforcing his right to prompt payment of that compensation:-

Provided that, if the legislature so provides in relation to any matter referred to in paragraph (a), the right of access shall be by way of a 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 provisions as may have been made in that behalf by the legislature, with respect to the practice and procedure of any other tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) or exercisable by the other tribunal or authority for the purposes of that subsection (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 untitled to compensation by virtue of subsections (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 such of money, the whole of that some of money (subject to any tax that applies generally to persons remitting moneys but free from any other deduction, charge of tax made or levied in respect of its remission) to any country of his choice outside Saint Christopher and Nevis.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) to the extent that the law in question authorizes:-

the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party;

the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or

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 Saint Christopher and Nevis of capital raised in Saint Christopher and Nevis or in some other country or derived from the natural resources of Saint Christopher and Nevis.

(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1):-

to the extent that law in question makes provision for the taking of possession of or acquisition of any property, interest or right:-

in satisfaction of any tax, rate or due,

by way of penalty for breach of any law or forfeiture in consequence of breach of any law;

as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;

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;

in consequence of any law with respect to the limitation of actions; or

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 he authority thereof is shown not to be reasonably justifiable in a democratic society; or

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:-

enemy property;

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 of the persons entitled to the beneficial interest therein;

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

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 enacted by Parliament shall be held to be inconsistent with or in contravention of this section 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 money provided by Parliament.

(8) Nothing contained in or done under the authority of any law enacted by the Nevis Island Legislature shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisions for the compulsory taking of possession of any property, or 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 that Legislature.

9. Protection from arbitrary search or entry.

(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 o his premises.

(2) Nothing contained in or done under he authority of any law shall be held to be inconsistent with or in contravention of this section 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 utilization of mineral resources or the development or utilization of any property for a purpose beneficial to the community;

b) that is reasonably requires for the purpose of protecting the rights or freedoms of other persons;

c) that authorizes an officer or agent of the Government, the Nevis Island Administration, 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 any thing thereon for the purposes 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 that Government, Administration, authority or body corporate, as the case may be; or

d) that authorizes, for the purpose of enforcing the judgment 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.

10. Provisions to secure protection of law.

(1) 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.

(2) 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 the 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

f) 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 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.

(3) When a person is tried for any criminal offence, the accused person or any person authorized 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 judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) 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.

(5) 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, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) A person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence.

(7) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.

(8) Any court or other authority prescribed by a 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.

(9) 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 judgment or other determination a copy of any record of the proceedings made by or on behalf of the court of other authority.

(10) 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.

(11) Nothing in subsection (10) 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 of the protection of the private lives of persons concerned in the proceedings; or

b) may by a law be empowered or required to do in the interests of defence, public safety or public order.

(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

a) subsection (2)(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) subsection (2)(e) to the extent that the law in question imposes reasonable conditions that mist 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) subsection (5) to the extent that the law in question authorizes 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.

(13) In the case of any person who is held in lawful detention subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

(14) In this section "criminal offence" means a criminal offence under a law.

11. Protection of freedom of conscience.

(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 section to the extent that the law in question makes provisions 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 practice any religion without the unsolicited intervention of members of any other religion; or

c) for the purpose or regulating educational institutions in the interests of the persons who receive or may receive instruction in them,

and except so far as that provisions 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 section to a religion shall be construed as including references to a religious denomination, and cognate expression shall be construed accordingly.

12. Protection of freedom of expression.

(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 section 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 of 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 provisions or, as the case may be, the things done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

13. Protection of freedom of assembly and association.

(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 section to the extant 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 or 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.

14. Protection of freedom of movement.

(1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Saint Christopher and Nevis, the right to reside in any part of Saint Christopher and Nevis, the right to enter Saint Christopher and Nevis, the right to leave Saint Christopher and Nevis and immunity from expulsion from Saint Christopher and 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 subsection (1).

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that the law in question makes provision-

a) for the imposition of restrictions on the movement or residence within Saint Christopher and Nevis of any person or on any person's right to leave Saint Christopher and Nevis that are reasonably required in the interests of defence, public safety or public order;
b) for the imposition of restrictions on the movement or residence within Saint Christopher and Nevis or on the right to leave Saint Christopher and 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;
c) for the imposition of restrictions, by order of a court, on the movement or residence within Saint Christopher and Nevis of any person or on any person's right to leave Saint Christopher and 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 Saint Christopher and Nevis;
d) for the imposition of restriction on the acquisition or use by any person of land or other property in Saint Christopher and Nevis;
e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Saint Christopher and Nevis;
f) for the imposition of restrictions upon the movement or residence within Saint Christopher or on the right to leave Saint Christopher and Nevis of any public officer that are reasonable required for the proper performance of his functions;
g) for the removal of a person from Saint Christopher and Nevis to be tried or punished in some other country for a criminal offence under the law of that other country or to under go imprisonment in some other country in execution or the sentence or a court in respect of a criminal offence under a law of which he has been convicted; or
h) for the imposition of restrictions on the right of any person to leave Saint Christopher and Nevis that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law, and except so far as that provision or, as the case may be, the thing don under the authority thereof is shown not to be reasonably justifiable in democratic society.

(4) If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) so request at any time during the period of that restriction not earlier than twenty one days after the order imposing the restriction was made or, as the case may be three months after he last made such a request, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who hold the office of magistrate or who are legal practitioners.

(5) On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom 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.

15. Protection from discrimination on grounds of race etc.

(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either or itself or in its effect.

(2) Subject to subsections (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 section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place or origin, birth out or wedlock, political opinions or affiliations, color, sec 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 descriptions.

(4) Subsection (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) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description; or
d) whereby persons of any such description as is mentioned in subsection (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 subsection (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, color, creed or sex) to be required of any person who is appointed to or to act in any office under the Crown, any office in the service of a local government authority of any office in a body corporate established by law for public purposes.

(6) Subsection (2) shall not apply to anything that is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (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 subsection (1) of (2) to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by section 9, 11, 12, 13 and 14, being such a restriction as is authorized by section 9(2), 11(5), 12(2) or 13(2) or, as the case may be, paragraph (a), (b), of (h) of section 14(3).

(8) Nothing in subsection (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 subsection (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 sections 78(19, 79(2), 80(1), 82(1), 83 and 85 (which relate to the appointment etc, of public officers).

16. Emergency measures derogating from s.5 of 15.

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 section 5 or 15 to the extent that the law authorizes the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exist in Saint Christopher and Nevis or in part of Saint Christopher and Nevis during that period.

17. Protection of persons detained in derogation from s.5.

(1) When a person is detained under emergency measures derogating from section 5 by virtue of section 16 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 is 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 provisions of law under which his detention is authorized;
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 and independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who hold the offence 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 for 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 section for 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 subsection (1)(d) or (1)(e) shall be construed as entitling a person to legal representation at public expense.

18. Enforcement of protective provisions.

(1) If any person alleges that any of the provisions of section 3 to 17 (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 her and determine any application made by any person in pursuance of subsection (1); and
b) to determine any question arising in the case of any person that is refereed to it in pursuance of subsection (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 section 3 to 17 (inclusive).
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleger 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 section 3 to 17 (inclusive), the person presiding in that court may and, if any party 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 subsection(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 or 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 section as may be conferred upon it by the legislature for the purpose of enabling it more affectively to exercise the jurisdiction conferred upon it by this section.

(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 section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).

19. Declaration of emergency.

(1) The Governor-general may by proclamation declare that for the purposes od this chapter a state of emergency exist either in Saint Christopher and Nevis.

(2) A proclamation under subsection (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 Her Majesty 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 National Assembly 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 under subsection (1) that a state of emergency exists in a part of Saint Christopher and Nevis that comprises or includes all or part of the island of Nevis shall, to the extent that it relates to that island, lapse:-

a) in the case of a declaration made when the Nevis Island Assembly is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and
b) in ant 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.

(5) A declaration of emergency may at any time be revoked by the Governor-General by proclamation.

(6) Unless sooner revoked-

a) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection (3) shall cease to be in force if that resolution ceases to be in force; and furthermore
b) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection (4) shall, to the extent that it relates to the island of Nevis, cease to be in force it that resolution ceases to be in force notwithstanding that a declaration of the National Assembly approving it in pursuance of subsection (3) remains in force.

(7) A resolution of the National Assembly or the Nevis Island Assembly passed for the purposes of this section 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.

(8) A resolution of the National Assembly for the purposes of subsection (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 passed unless it is supported by the votes of a majority of all the Representatives and Senators.

(9) Any provision of this section 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.

(10) In the exercise of his powers to make or revoke any such declaration as is referred to in subsection (4) the Governor-General shall act in accordance with the advice of the Prime Minister but no such advice shall be given without the concurrence of the Premier.

(11) In this section "declaration of emergency" means a declaration under subsection (1).

20. Interpretation and savings.

(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 Saint Christopher and Nevis other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 4 and 6 a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplinary 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 or that force, is subject to that discipline.

(2) In this Chapter "a period of public emergency" means any period during which:-

a) Her Majesty is at war; or
b) there is in force a declaration under section 19 that a state of emergency exist in Saint Christopher and Nevis or in part of Saint Christopher and Nevis.

(3) In relation to any person who is a member of a disciplined force of Saint Christopher and 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 sections 4, 6 and 7.

(4) In relation to any person who is a member of a disciplined force of a country other than Saint Christopher and Nevis and lawfully present in Saint Christopher and 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 (including any authority established for the island of Nevis by Chapter X) of any power or other functions vested in that person or authority by this Constitution.

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Chapter III

The Governor-General

21. Establishment of office.

There shall be for Saint Christopher and Nevis a Governor-General who shall be a citizen appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Saint Christopher and Nevis.

22. Acting Governor-General.

(1) During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Saint Christopher and 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 subsection (1) 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.

(3) The holder of the office of Governor-General shall not, for the purposes of this section, be regarded as absent from Saint Christopher and Nevis or as unable to perform the function of his office:-

a) by reason that he is in passage from one part of Saint Christopher and Nevis to another; or
b) at any time when there is a subsisting appointment of a deputy under section 23(1).

23. Deputy to Governor-General.

(1) When the Governor-General-

a) has occasion to be absent from the seat of government but not from Saint Christopher and Nevis;
b) has occasion to be absent from Saint Christopher and Nevis for a period that he considers, in his own deliberate judgment, will be of short duration; or
c) is suffering from an illness that he considers, in his own deliberate judgment, will be of short duration. He may appoint any person in Saint Christopher and 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 he may specify.

(2) Without prejudice to subsection (1), the Governor-General shall appoint a person in the island of Nevis as Deputy Governor-General to be his deputy in that island and in that capacity to signify on his behalf that he assents or withholds his assent to any bill passed by the Nevis Island Assembly and to perform on his behalf such other functions of the office of Governor-General relating to that island as he may specify.

(3) 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 section 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 judgment, 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 of law.

(4) Subject to subsection (5), a person appointed under subsection (1) or, as the case may be, subsection(2) shall hold his appointment for such period as may be specified by the Governor-General at the time of his appointment.

(5) Any appointment made under subsection (1) or, as the case may be, subsection (2) may be revoked at any time by the Governor-General.

(6) The Governor-General shall act:-

a) in relation to the making of an appointment under subsection (1) or the revocation of such an appointment, in accordance with the advice of the Prime Minister; and
b) in relation to the making of an appointment under subsection (2) or the revocation of such an appointment, in accordance with the advice of the Premier.

24. Oaths.

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.

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Chapter IV

Parliament

PART 1

Composition or Parliament

25. Establishment.

There shall be for Saint Christopher and Nevis a Parliament which shall consist of Her Majesty and a National Assembly.

26. National Assembly.

(1) The National Assembly shall consist of:-

a) such number of Representatives as corresponds with the number or constituencies for the time being established in accordance with section 50; and

b) such number of Senators as is specified in subsection (2), who shall be appointed in accordance with section 30.

(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 be Parliament:

Provided that at any time when a person who is a Senator holds the office or Attorney-General the number of Senators shall be increased by one.

(3) If a person who is not a member of the National Assembly is elected to be 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 National Assembly.

(5) Any person who sits or votes in the National 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.

(6) Any prosecution for an offence under subsection (5) shall be instituted in the High Court and shall nor be so instituted except by the Director of Public Prosecutions.

27. Qualification for Representatives and Senators.

Subject to section 28, a person shall be qualified to be elected or appointed as a member of the National Assembly if, and shall not be so qualified unless, he is a citizen of the age of twenty-one years or upwards and he or one of his parents was born in Saint Christopher and Nevis and he is domiciled there at the date of his nomination for election or his appointment, as the case may be.

28. Disqualifications for Representatives and Senators.

(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 adjudge 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 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 members of the Nevis Island Assembly or the compilation of any register of voters for the purpose of electing Representatives or members of that Assembly.

(3) If it id 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 members of the Nevis Island Assembly 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 (whether specified individually or by reference to a class of office or appointment) other than the office of elected member of nominated member of the Nevis Island Assembly or member of the Nevis Island Administration;

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 exception or limitations prescribed by Parliament, he has any such interest in any such government contract as may be so prescribed.

(6) In this section:-

"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 National Assembly;

"minister or religion" means any person in holy orders and any other person the principal function of whose occupation include teaching or preaching i any congregation for religious worship.

(7) For the purposes of paragraph (e) of subsection (1)-

a) two or more sentences or imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as on sentence; and

b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default or the payment of a fine.

29. Election of Representatives.

(1) Each of the constituencies established in accordance with the provisions of section 50 of this Constitution shall return one Representative to the National Assembly who shall be directly 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 Commonwealth citizen of the age of eighteen years or upward who possesses such qualifications relating to residence or domicile in Saint Christopher and 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 person who is registered under subsection (2) in any constituency shall, unless he is disqualified by Parliament from voting in any election of Representatives or of members of the Nevis Island Assembly, 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.

30. Appointment of Senators.

(1) Of the Senators-

a) one-third or 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 to 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.

31. Tenure of Office of Representatives and Senators.

(1) An elected or appointed member shall vacate his seat in the National Assembly at the next dissolution of Parliament after his election or appointment.

(2) A Senator appointed under subsection (1)(a) of section 30 shall vacate his seat in the National Assembly if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Leader of the Opposition, and a Senator appointed under subsection (1)(b) of that section 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.

(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 or the Assembly;

b) if he ceases to be a citizen;

c) subject to subsection (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 subsection (1) of section 28 or of any law enacted in pursuance of subsection (2),(3) or (5) of that section; 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 paragraph (c) of subsection (3) arise because an elected or appointed member is under sentence of death or imprisonment, adjudge 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 section, he shall not vacate his seat until the expiration of a period or 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 National Assembly.

b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is pen to the member of 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 paragraph (a) and he may resume the performance of his functions as a member.

(5) In this section "member" means member of the National Assembly.

32. Speaker and Deputy Speaker.

(1) When the National Assembly first meets after any general election and before it proceeds to the despatch of any other business, if 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 National Assembly who are not members of the Cabinet or Parliamentary Secretaries of 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) When the National Assembly first meets after any general election and before it proceeds to the despatch of any other business except the election of the Speaker the Assembly shall elect a member of the Assembly who is not a member of the Cabinet or a Parliamentary Secretary to be Deputy Speaker of the Assembly, and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the Assembly shall, as soon as convenient, elect another such member to that office.

(4) No business shall be transacted in the National Assembly (other than the election of a Speaker) at any time when the office of Speaker is vacant.

(5) A person shall vacate the office of Speaker or Deputy Speaker-

a) in the case of a Speaker elected from among the members of the National Assembly or in the case of the Deputy Speaker-

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 Assembly on a dissolution of Parliament, until the Assembly first meets after the dissolution; or

ii) if he becomes a member of the Cabinet or a Parliamentary Secretary.

b) in the case of a Speaker elected from among persons who are not members of the 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) in the case of the Deputy Speaker, if he is elected to be Speaker.

(6) a) If, by virtue of section 31(4),the Speaker or the Deputy Speaker is required to cease to perform his functions as a member of the National Assembly he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the Assembly or resumes the performance of the functions of his office, be performed:-

i) In the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the Assembly, by such member of the Assembly (not being a member of the Cabinet or a Parliamentary Secretary) as the Assembly may elect for the purpose;

ii) in the case of the Deputy Speaker, by such member of the Assembly (not being a member of the Cabinet or a Parliamentary Secretary) as the Assembly may elect for the purpose.

b) If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the Assembly, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

33. Electoral Commission.

(1) There shall be for Saint Christopher and Nevis an Electoral Commission (hereinafter in this section referred to as the Commission) which shall consist of-

a) a chairman appointed by the Governor-General, acting in his own deliberate judgment;

b) one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and

c) one member appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.

(2) A person shall not be qualified to be appointed as a member of the Commission if he is a Representative, a Senator or a member of the Nevis Island Assembly or a public officer nor, in the case or the chairman, unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years.

(3) A member of the Commission shall vacate his office-

a) at the expiration of such period as may be specified by the Governor-General at the time of his appointment;

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; or

c) if the Governor-General, acting in his own deliberate judgment in the case of the chairman, in accordance with the advice of the Prime Minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of that Leader of the Opposition in the case of a member appointer under subsection (1)(c), so directs.

(4) The function of the Commission shall be to supervise the Supervisor of Elections in the performance of his functions under sections 34(1), 38(9) and 113(5).

(5) The Commission may regulate its own procedure and, with the consent of the Prime Minister, may confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.

(6) 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.

34. Supervisor of Elections.

(1) There shall be a Supervisor of Elections whose duty it shall be to exercise general supervision over the registration of voters in elections of Representatives and over the conduct of such elections.

(2) The functions of the office of Supervisor of Elections shall be exercised either by the person holding or acting in such public office as may for the time being be designated in that behalf by the Governor-General or, if the Governor-General so decides, by such other person who is not a public officer as may for the time being be so designated.

(3) A person shall not enter upon the duties of the office of Supervisor of Elections until he has taken and subscribed the oath of allegiance and the oath of office.

(4) For the purposes of the exercise of his functions under subsection (1), the Supervisor or Elections may give such directions as he consider necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom any such directions are given shall comply with those directions.

(5) The Supervisor of Elections may, whenever he considers it necessary or expedient to do so and shall whenever so required by the Commission, report to the Electoral Commission on the exercise of this functions under subsection (1); he shall also submit every such report to the Minister for the time being responsible for matters relating to the election of Representatives; and that Minister shall, not later than seven days after the National Assembly first meets after he has received the report, lay it before the Assembly together with such comments thereon as he may have received from the Commission.

(6) In the exercise of his powers under subsection (2) the Governor-General shall act in his own deliberate judgment after consulting the Prime Minister, the Premier and the Leader of the Opposition.

(7) In the exercise of his functions under subsection (1), the Supervisor of Elections shall act in accordance with such directions as he may from time to time be given by the Electoral Commission but shall not be subject to the direction or control of any other person or authority.

(8) The Supervisor of Elections shall exercise such other functions in relation to elections whether to the National Assembly of to local government authorities) as may be prescribed by or under any law enacted by Parliament.

35. Clerk of National Assembly and his staff.

(1) There shall be a Clerk of the National Assembly.

(2) The office of the Clerk of the National Assembly and the offices of the members of this staff shall be public offices.

36. Determination of questions of membership.

(1) The High Court shall have jurisdiction to hear and determine any question whether-

a) any person has been validly elected as a representative;

b) any person has been validity appointed as a Senator;

c) any person who has been elected as Speaker from among persons who were not members of the National Assembly was qualified to be do elected of has vacated the office of Speaker; or

d) any member of the Assembly has vacated his seat or is required, by virtue of section 31(4), to cease to perform his functions as a member of the Assembly.

(2) An application to the High Court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was, or who alleges that he was, a candidate at that election or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

(3) An application to the High Court for the determination of any question under subsection (1)(b) or (1)(c) may be made by any Representative or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-general may intervene and may then appear or be represented in the proceedings.

(4) An application to the High Court for the determination of any question under subsection (1)(d) may be made-

a) by any Representative or by the Attorney-General; or

b) in the case of the seat of a Representative, by any person registered in some constituency as a voter in elections of Representatives,

and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear and be represented in the proceedings.

(5) There shall be such provision as may be made by Parliament with respect to-

a) the circumstances and manner in which and the imposition of conditions upon which any application may be to the High Court for determination of any question under this section; and

b) the powers, practice and procedure of the High Court in relation to any such application.

(6) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining any such question as is referred to in subsection(1).

(7) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining any such question as is referred to in subsection (1) of this section.

(8) In the exercise of his functions under this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

PART 2

Legislation and Procedure in Parliament

37. Power to make laws.

(1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Saint Christopher and Nevis.

(2) Save as otherwise provided in subsections (3) and (4) the power of Parliament to make laws having effect in the island of Nevis shall no extend to any of the specified matters (that is to say, matters with respect to which the Nevis Island Legislature has exclusive power to make laws so having effect).

(3) If it is expressly declared in any law enacted by Parliament that the Nevis Island Administration has requested and consented to the enactment in respect to the island of Nevis of any of the provisions of that law relating to any of the specified matters those provisions shall accordingly have effect i the island of Nevis as if they had been enacted by the Nevis Island Legislature and may be amended or revoked accordingly.

(4) At any time when there is in force a declaration made by the Governor-General by proclamation that any provisions of any law enacted by Parliament specified in that declaration (being provisions that relate to a specified matter) are required to have effect in the island of Nevis-

a) in the interests of external affairs, or

b) in the interests of defence,

those provisions shall accordingly have effect in the island of Nevis; and if there is any inconsistency between those provisions and the provisions of any law enacted by the Nevis Island Legislature, the provisions of the law enacted by Parliament shall prevail.

(5) a law enacted by Parliament shall not be regarded as extending to a specified matter by reason only that it contains incidental or supplementary provisions relating to that matter and having effect in the island of Nevis; and if there is any inconsistency between any such provisions and the provisions of any law enacted by the Nevis Island Legislature, the provisions of the law enacted by Parliament shall prevail.

(6) Parliament may make additions to the specified matters but a bill for that purpose shall not be regarded as being passed in the National Assembly unless on its final reading it is supported by the votes of not less than two-thirds of all the Representatives.

(7) In the exercise of his powers to make or revoke any such declaration as is referred to in subsection (4) the Governor-General shall act in accordance with the advice of the prime Minister but no such advice shall be given without the concurrence of the Premier.

38. Alteration of Constitution and Supreme Court Order.

(1) Parliament may alter any of the provisions of this Constitution or of the Supreme Court Order in the manner specified in the following provisions of this section.

(2) A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be regarded as being passed by the National Assembly unless on its final regarding the bill is supported by the votes of not less than two-thirds of all the Representatives.

(3) A bill to alter this section, schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part 1 of that schedule or any of the provisions of the Supreme Court Order specified in Part 2 of that schedule shall not be submitted to the Governor-General for his assent unless-

a) there has been an interval of not less than ninety days between the introduction of the bill in the National Assembly and the beginning of the proceedings in the Assembly on the second reading of the bill; and

b) after it has been passed by the Assembly the bill has been approved on a referendum by not less than two-third of all the votes validity cast on that referendum in the island of Saint Christopher and two-thirds of all the votes validly cast on that referendum in the island of Nevis.

(4) The provisions of paragraph (b) of subsection (3) shall not apply in relation to any bill to alter:-

a) section 99 in order to give effect to any agreement between Saint Christopher and Nevis and the United Kingdom concerning appeals from any court having jurisdiction in Saint Christopher and Nevis to Her Majesty in Council;

b) any of the provisions of the Supreme Court Order in order to give effect to any international agreement of which Saint Christopher and Nevis is a party relating to the Supreme Court or any other court of law (or any officer or authority having functions in respect of any such court) constituted in common for Saint Christopher and Nevis and for other countries also parties to the agreement; or

c) any of the provisions of this Constitution relating to the island of Nevis that have become spent or inappropriate as a result of the enactment by the Nevis Island Legislature of a law under section 11381) providing that the island of Nevis shall cease to be federated with the island of Saint Christopher.

(5) A bill to alter section 104 in its application to other provisions of this Constitution (not being provisions referred to in subsection (3) of this section) shall not be submitted to the Governor-General for his assent unless the alteration is in accordance with a request from, or the consent of the Nevis Island Assembly signified by resolution; and references in section 104 to those other provisions shall not be construed as including references to any law altering those other provisions unless that section is altered so to provide.

(6) Every person who, at the time when a referendum is held for the purposed of this section, would be entitled to vote in elections of Representatives held in the island of Saint Christopher shall be entitled to vote on that referendum in that island; every person who, at that time, would be entitled to vote on that referendum in that island; and no other person shall be entitled to vote on that referendum in the island of Saint Christopher or, as the case may be, in the island of Nevis.

(7) The right of any person to vote on a referendum under this section shall be exercised in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum.

(8) In any referendum for the purposes of this section the voters shall given by ballot in such manner as not to disclose how any particular person votes.

(9) The conduct of any referendum for the purposes of this section shall be the responsibility of the Supervisor of Elections and the provisions of subsections (4), (5) and (7) of section 34 shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of Representatives.

(10) a) A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be submitted to the Governor-General for his assent unless it is accompanied by certificate under the hand of the Speaker that the provisions of subsection (2) and, where applicable, those of subsection 3(a) have been complied with and, where a referendum has been held in pursuance of subsection (3)(b), by a certificate under the hand of the Supervisor of Elections stating the results of the referendum.

b) The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsections (2) and, where applicable, those of subsections (3) have been complied with and shall not be enquired into in any court of law.

c) In this subsection references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker.

39. Oath.

(1) Every member of the National Assembly shall, before taking his seat in the Assembly, take and subscribe before the Assembly the oath of allegiance but a member may before taking that oath take part in the election of the Speaker.

(2) Any person elected to the office of Speaker shall, if he has no already taken and subscribed the oath of allegiance under subsection (1) take and subscribe that oath before the National Assembly before entering upon the duties of his office.

40. Presiding.

There shall preside at any sitting of the National Assembly:-

a) the Speaker.

b) in the absence of the Speaker, the Deputy Speaker; or

c) in the absence of the Speaker and the Deputy Speaker, such member of the Assembly (not being a member of the Cabinet or a Parliament Secretary) as the Assembly may elect for that purpose.

41. Voting.

(1) Save as otherwise provided in section 19(8), 37(6) or 3882), any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting:

Provided that question of no confidence in the Government shall be determined by a majority of the votes of all the Representatives.

(2) Except in the case of a question of no confidence in the Government, a question shall not be regarded as having been validly determined by a vote in the National Assembly on occasions when the numbers of members voting are recorded unless not less than three-fifths of all the members, or such grater number of members as Parliament may prescribe, take part in the voting.

(3) Subject to subsection (4), a person presiding in the Assembly shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote:

Provided that in the case of the question of the final reading of any such bill as is referred to in section 38(2) he shall, if he is a Representative, have an original vote but no casting vote.

(4) A Speaker who was elected from among persons who were not members of the National Assembly shall have neither an original nor a casting vote and if upon any question before the Assembly when such a Speaker is presiding, the votes of the member are equally divided, the motion shall be lost.

42. Mode of exercise of legislative power.

(1) The power of Parliament to make laws shall be exercised by bills passed by the national Assembly and assented to by the Governor-General.

(2) When a bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents or that he withholds assent.

(3) When the Governor-General assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the Governor-General shall thereupon cause it to be published in the Gazette as law.

(4) No law made by Parliament shall come into operation until it has been published in the Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

43. Restrictions with regard to certain financial measures.

Except on the recommendation of the Governor-General signified by a Minister, the National Assembly shall not-

a) proceed upon any bill (including any amendment to a bill) that, in the opinion or the person presiding, makes provision for any of the following purposes-

i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;

ii) for the imposition of any charge upon the Consolidated Fund or any other public fund of the Government or the alteration of any such charge otherwise than by reduction;

ii) for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of the Government of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or

iv) for the composition or remission of any debt due to the Crown in right of the Government; or

b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

44. Regulation of procedure in National Assembly.

(1) Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.

(2) The National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Assembly first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the Assembly shall not invalidate those proceedings.

45. Freedom of Speech.

Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the National Assembly and its committees, or the privileges and immunities of the members and officers of the Assembly and of other persons concerned in the business of the Assembly or its committees, no civil or criminal proceedings may be or written in a report to, the Assembly or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.

PART 3

Summoning, prorogation and dissolution.

46. Sessions.

(1) Each session of Parliament shall be held at such place within Saint Christopher and Nevis and shall begin at such time, not being later than one hundred and eighty days from the end of the preceding session if Parliament has been prorogue or ninety days from the holding of a general election of Representatives if Parliament has been dissolved, as the Governor-General shall appoint by proclamation.

(2) Subject to subsection (1), the sittings of the National Assembly shall be held at such time and place as the Assembly may, by its rules of procedure or otherwise, determine.

47. Prorogation and dissolution.

(1) The Governor-General may at any time prorogue or dissolve Parliament.

(2) Subject to subsection (3), Parliament, unless sooner dissolve, shall continue for five years from the date of the first sitting of the National Assembly after any dissolution and shall then stand dissolved.

(3) At any time when Her Majesty is at war, Parliament may extend the period of five years specified in subsection (2) for not more than twelve months at a time:

provided that the life of Parliament shall not be extended under this subsection for more than five years.

(4) In the exercise of his powers to dissolve Parliament the Governor-General shall act in accordance with advice of the Prime Minister:

Provided that if the office of the Prime Minister is vacant and the Governor-General, acting in his own deliberate judgment, consider that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the Representatives, the Governor-General shall dissolve Parliament.

(5) If, after a dissolution of Parliament and before the holding of the general election of Representatives, the Prime Minister advises the Governor-General that, because of some matter of urgent national importance, it is necessary to recall Parliament, the Governor-General shall summon the Parliament that has been dissolved to meet, but the general election of Representatives shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election.

48. Holding of Elections.

(1) A general election of members of the National Assembly shall be held at such time within ninety days after any dissolution of Parliament as the Governor-general may appoint.

(2) Where the seat of a member of the National Assembly falls vacant otherwise than by reason of a dissolution of Parliament-

a) if the vacant seat is that of a Representative, by-election shall be held; or

b) if the vacant seat is that of a Senator, an appointment shall be made,

to fill the vacancy within ninety days of the occurrence of the vacancy unless parliament is sooner dissolved.

PART 4

Delimitation of constituencies

49. Constituency Boundaries Commission.

(1) There shall be for Saint Christopher and Nevis a Constituency Boundaries Commission (hereinafter in this section referred to as the Commission) which shall consist of:-

a) a chairman appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after the Governor-general has consulted the Leader of the Opposition and such other persons as the Governor-General, acting in his own deliberate judgment, has seen fit to consul;

b) two members of the National Assembly appointed by the Governor-General, acting in accordance with the advice of the prime Minister; and

c) two members of the Assembly appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition:

provided that the chairman shall not be a member of the Assembly or of the Nevis Island Assembly.

(2) A member of the Commission shall vacate his office-

a) at the next dissolution of Parliament after his appointment,

b) in the case of the chairman, if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such;

c) in the case of member other than the chairman, if he cease to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament; or

d) if the Governor-General, acting in accordance with the advice of the Prime Minister given after the Governor-General has consulted the Leader of the Opposition in the case of the chairman, in accordance with the advice of the Prime Minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the Leader of the Opposition in the case of a member appointed under subsection (1)(c), directs.

(3) The Commission may regulate its own procedure and, with the consent of the Prime Minister, may confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.

(4) 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.

50. Review of Constituency Boundaries.

(1) The Constituency Boundaries Commission (hereinafter in this section referred to as the Commission) shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Saint Christopher and Nevis is divided and submit to the Governor-General reports either-

a) showing the constituencies into which it recommends that Saint Christopher and Nevis should be divided in order to give effect to the rules set out in schedule 2; 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 subsection (1) shall be submitted by the Commission 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 subsection 81)(a), the Prime Minister shall lay before the National 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 provisions for any matters that appear to the Prime Minister be incidental to or consequential upon the other provisions of the draft.

(4) Where any draft proclamation laid before the National Assembly gives effect to any recommendations of the Commission whit modifications, the Prime Minister shall lay before the Assembly together with the draft a statement of the reason for the modifications.

(5) If the motion for the approval of any draft proclamation laid before the National Assembly under subsection (3) is rejected by the Assembly, or is withdrawn by leave of the Assembly, the Prime Minister shall amend the draft and lay the amend draft before the Assembly.

(6) If any draft proclamation laid before the National Assembly under subsection (3) or (5) is approved by a resolution of the Assembly, the Prime Minister shall submit it to the Governor-General who shall make a proclamation in terms of the draft; and that proclamation shall come into force upon the next dissolution of Parliament after it is made.

(7) The question of the validity of any proclamation by the Governor-General purporting to be made under subsection (6) and reciting that a draft thereof has been approved by resolution of the National Assembly shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule 1 in schedule 2.

Chapter V

The Executive

51. Executive authority.

(1) The executive authority of Saint Christopher and Nevis is vested in Her Majesty.

(2) Subject to the provisions of this Constitutional, the executive authority of Saint Christopher and Nevis may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.

(3) Nothing in this section shall prevent the legislature from conferring functions on persons or authorities other than the Governor-General.

(4) In this section references to the executive authority of Saint Christopher and Nevis include references to the executive authority of the island of Nevis with respect to the specified matters.

52. Ministers.

(1) There shall be a prime Minister of Saint Christopher and Nevis who shall be appointed by the Governor-General.

(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a representative who appears to him likely to command the support of the majority of the Representatives.

(3) There shall be, in addition to the office of Prime Minister, an office of Deputy Prime Minister and such other offices of Minister of the Government as may be established by Parliament, or, subject to the provisions of any law enacted by Parliament by the Governor-general, acting in accordance with the advice of the Prime Minister.

(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-general, acting in accordance with the advice of the Prime Minister, from among the members of the National Assembly.

(5) If occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4), a person who was a Representative immediately before the dissolution may be appointed as Prime Minister and a Person who was a Representative or a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister.

(6) The Governor-General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the National Assembly and the Prime Minister does not within three days either resign from his office or advice the Governor-General to dissolve Parliament.

(7) If, at any time between the holding of a general election of Representatives and the first meeting of the National Assembly thereafter, the Governor-general considers that in consequence of changes in the membership of the Assembly resulting from that election the Prime Minister will not be able to command the support of the majority of the representatives, the Governor-General may remove the Prime Minister from office.

(8) The office of any Minister shall become vacant-

a) if the holder of the office ceases to be a member of the National Assembly otherwise than by reason of the dissolution of parliament;

b) in the case of the Prime Minister, if, when the Assembly first meet after any dissolution of Parliament, he is not then a Representative;

c) in the case of any other Minister, if, when the Assembly first meets after any dissolution of Parliament, he is not then a Representative or a Senator; or

d) if, by virtue of section 31(4), he is required to cease to perform his functions as a member of the Assembly.

(9) The office of a Minister other than the Prime Minister shall become vacant-

a) if the Governor-General, acting in accordance with the advice of the prime Minister, so directs;

b) if the prime Minister resigns from office within three days after a resolution of no confidence in the Government has been passed by the National Assembly or is removed from office under subsection (6) or (7); or

c) on the appointment of any person to the office of Prime Minister.

(10) In the exercise of the powers conferred upon him by subsections (2) and (7) the Governor-General shall act in his own deliberate judgment.

53. Cabinet.

(1) There shall be for Saint Christopher and Nevis a Cabinet of Ministers which shall consist of the Prime Minister and the other Minister.

(2) 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 Cabinet in addition to the Minister.

(3) The functions of the Cabinet shall be to advice the Governor-General in the government of Saint Christopher and Nevis and the Cabinet shall be collectively responsible to the National Assembly for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.

(4) Subsection (3) shall not apply in relation to:-

a) the appointment and removal from office of Ministers and Parliamentary Secretaries, the assignment of responsibility to any Minister under section 54, or the authorization of another Minister to perform the functions of the Prime Minister during absence or illness;

b) the dissolution of Parliament;

c) the matters referred to in section 66 (which relate to the prerogative of mercy); or

d) in relation to the government of the island of Nevis, any matter in respect of which parliament has no power to make laws for the island of Nevis.

54. Allocation of portfolios.

The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the Government, including the administration of any department of the Government.

55. Absence or Illness of Prime Minister.

(1) Whenever the Prime Minister is absent from Saint Christopher and Nevis or by reason of illness is unable to perform the functions conferred upon Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.

(2) The powers of the Governor-general under this section shall be exercised by him in accordance with the advice of the Prime Minister:

Provided that if the Governor-general, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those power without tat advice and in his own deliberate judgment.

56. Exercise of Governor-General's functions.

(1) In the exercise of his function the Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution to act in accordance with the advice of, or the recommendation or, any person or authority other than the Cabinet:

Provided that the foregoing provisions shall not apply where the Governor-General is authorized to act in his own deliberate judgment in accordance with the following provisions:-

a) section 23 (which relates to the Governor-General's deputy);

b) section 33 and 34 (which relate respectively to the Electoral Commission and to the Supervisor of Elections);

c) section 49 (which relates to the Constituency Boundaries Commission);

d) sections 52 and 55 (which relates to Minister);

e) section 58 (which relates to the Leader of the Opposition);

f) section 77 (which relates to the Public Service Commission);

g) section 78 (which relates to the appointment etc. of public officers);

h) section 86 (which relates to the Public Service Board of Appeal); and

i) section 102 (which relates to the Nevis Island Administration).

(2) Where the Governor-General is directed to exercise any function in accordance with the recommendation of any person or authority, he shall exercise that function accordingly:

Provided that before that Governor-general acts in accordance with a recommendation in any case he may, acting in his own deliberate judgment, once request the person or authority by whom it is made to reconsider the recommendation and if, upon any reconsideration of a recommendation, the person or authority makes a different recommendation, the Governor-General, acting in his own deliberate judgment, may likewise once request the person or authority by whom it is made to reconsider that different recommendation.

(3) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with section 58 and willing to accept appointment or if the Governor-General, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of, or to consult, the Leader of the Opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment or, as the case may be, without such consultation, in the exercise of any power conferred upon him by this Constitution in respect of which it is provided that he shall act on the advice of, or after consulta

Statutory Instruments 1983 No.881 Saint Christopher and Nevis

The Saint Christopher an Nevis Constitution Order 1983

Made: 22nd June 1983

Coming into Operation: 23rd June 1983

Arrangement of Order

Section Page

1. Citation and Commencement.

PART 1

PART 2

PART 3

PART 4

PART 1

PART 2

PART 3

PART 4

PART 5

The Federation And The Constitution.

1. The Federation and its Territory.

2. Constitution is supreme law.

Protection Of Fundamental Rights And Freedoms.

3. Fundamental rights and freedoms.

4. Protection of right to life.

5. Protection of right to personal liberty.

6. Protection from slavery of forced labour.

7. Protection from inhuman treatment.

8. Protection from deprivation of property.

9. Protection from arbitrary search or entry.

10. Provisions to secure protection of law.

11. Protection of freedom of conscience.

12. Protection of freedom of expression.

13. Protection of freedom of assembly and association.

14. Protection of freedom of movement.

15. Protection from discrimination on grounds of race etc.

16. Emergency measures derogating from s.5 of 15.

17. Protection of persons detained in derogation from s.5.

18. Enforcement of protective provisions.

19. Declaration of emergency.

20. Interpretation and savings.

The Governor-General

21. Establishment of office.

22. Acting Governor-General.

23. Deputy to Governor-General.

24. Oaths.

Parliament

PART 1

Composition or Parliament

25. Establishment.

26. National Assembly.

27. Qualification for Representatives and Senators.

28. Disqualifications for Representatives and Senators.

29. Election of Representatives.

30. Appointment of Senators.

31. Tenure of Office of Representatives and Senators.

32. Speaker and Deputy Speaker.

33. Electoral Commission.

34. Supervisor of Elections.

35. Clerk of National Assembly and his staff.

36. Determination of questions of membership.

PART 2

Legislation and Procedure in Parliament

37. Power to make laws.

38. Alteration of Constitution and Supreme Court Order.

39. Oath.

40. Presiding.

41. Voting.

42. Mode of exercise of legislative power.

43. Restrictions with regard to certain financial measures.

44. Regulation of procedure in National Assembly.

45. Freedom of Speech.

PART 3

Summoning, prorogation and dissolution.

46. Sessions.

47. Prorogation and dissolution.

48. Holding of Elections.

PART 4

Delimitation of constituencies

49. Constituency Boundaries Commission.

50. Review of Constituency Boundaries.

The Executive

51. Executive authority.

Statutory Instruments 1983 No.881
Saint Christopher and Nevis