Bahamas Constitution

Citation, commencement and construction.

1.-

1. This Order may be cited as The Bahamas Independence Order 1973.

    

2. Subject to the provisions of the next following subsection this Order shall come into operation on 10th July 1973 (in this Order referred to as "the appointed day").

    

3. The Governor and Commander-in-Chief of the Bahamas Islands may at any time after 20th June 1973 exercise any of the powers conferred on the Governor-General by section 4(3) of this Order or Article 39(4) of the Constitution set out in the Schedule to this Order (in this Order referred to as "the Constitution") to such an extent as may be necessary or expedient to enable the Constitution to function as from the appointed day.

    

4. 1. For the purposes of the exercise by the Governor under subsection (3) of this section of the power conferred by section 4(3) of this Order the Governor shall act in accordance with the advice of the Prime Minister.
   2. For the purposes of the exercise by the Governor under the said subsection of the powers conferred by Article 39(4) of the Constitution the Governor shall act in accordance with the advice of the Prime Minister after consultation with the advice of the Prime Minister after consultation with the Leader of the Opposition.
   3. For the purposes of this subsection references to the Prime Minister and Leader of the Opposition shall be construed as references to the persons performing the functions of those office under the Bahamas Islands (Constitution) Order 1969(a) (in this Order referred to as "the existing Order"), and in relation to the exercise by virtue of this subsection of the powers conferred by Article 39(4) of the Constitution the provisions of Article 40 of the Constitution shall apply as they would apply in relation to the exercise of those powers by virtue of Article 39(4) of the Constitution.

       

5. Save where the context otherwise requires, expressions used in section 1 to 17 of this Order shall have the same meaning as in the Constitution and the provisions of Article 127 and 137 of the Constitution and the provisions of Articles 127 and 137 of the Constitution shall apply for the purposes of interpreting those sections as they apply for the purposes of interpreting the Constitution.

    

Revocation.

2.- The existing Order is revoked; but the revocation of the existing Order shall not affect the operation on and after the appointed day of any law made or having effect as if made in pursuance of the existing Order or continued in force thereunder and having effect as part of the law of the Bahamas Island immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

Establishment of Constitution.

3.- Subject to the provisions of this Order, the Constitution shall come into effect on the appointed day.

Existing laws.

4.-

1. Subject to the provisions of this section, the existing laws shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Bahamas Independence Act 1973(b) and this Order.

    

2. Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section or is otherwise prescribed or provided for immediately before the appointed day by or under the existing Order, that prescription or provision shall, as from that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Bahamas Independence Act 1973 and this Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

    

3. The Governor-General may by Order made at any time before 10th July 1974 make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Bahamas Independence Act 1973 and this order or otherwise for giving effect to or enabling effect to be given to those provisions.

    

4. An Order made by the Governor-General under subsection (3) of this section shall have effect from such day, not earlier than the appointed day, as may be specified therein.

    

5. The provisions of this section shall be without prejudice to any powers conferred by this Order or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

    

6. In this section "existing law" means any law having effect as part of the law of the Bahamas Islands immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

    

Parliament.

5.-

1. The persons who immediately before the appointed day are members of the Senate established by the existing Order (in this section referred to as "the existing Senate"), having been appointed as such under paragraphs (a) and (b) respectively of section 30(2) of the Schedule to the existing Order, shall as from the appointed day be members of the Senate established by the Constitution as if they had been appointed as such under paragraphs (2) and (3) respectively of Article 39 of the Constitution and shall hold their seats as Senator in accordance with the provisions of the Constitution.

    

2. The persons who immediately before the appointed day are members of the House of Assembly then established for the Bahamas Islands (in this section referred to as "the existing Assembly") shall as from the appointed day be members of the House of Assembly established by the Constitution as if elected as such in pursuance of Article 46(2) of the Constitution and shall hold their seats in that House in accordance with the provisions of the Constitution.

    

3. The persons who immediately before the appointed day are Speaker and Deputy Speaker of the existing Assembly shall as from the appointed day be Speaker and Deputy Speaker respectively of the House of Assembly established by the Constitution as if elected as such by that House in pursuance of Article 50(1) of the Constitution and shall hold office in accordance with the provisions of that Article.

    

4. Any person who is a member of the Senate or the House of Assembly established by the Constitution by virtue of the preceding provisions of this section and who, since he was last appointed or elected as a member of the existing Senate or the existing Assembly before the appointed day, has taken the oath of allegiance in pursuance of section 45 of the Schedule to the existing Order shall be deemed to have complied with the requirements of Article 64 of the Constitution relating to the taking of the oath or allegiance.

    

5. The rules of procedure of the existing Senate and the existing Assembly as in force immediately before the appointed day shall except as may be otherwise provided in pursuance of Article 55(1) of the Constitution, be the rules of procedure respectively of the Senate and the House of Assembly established by the Constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them in to conformity with the Constitution.

    

6. Notwithstanding anything contained in Article 66(3) of the Constitution (but subject to the provisions of paragraphs (4) and (5) of that Article) Parliament shall, unless sooner dissolved, stand dissolved on the expiration of five years from the first sitting of the existing Assembly after the general election of members of the existing Assembly last preceding the appointed day.

    

7. For the purposes of Articles 41 and 47 of the Constitution any period of ordinary residence in the Bahamas Islands immediately before the appointed day shall be deemed to be residence in The Bahamas.

    

Minister and Parliamentary Secretaries.

6.-

1. The Person who immediately before the appointed day holds the office of Prime Minister under the existing Order shall, as from the appointed day, hold office as Prime Minister as if he had been appointed thereto under Article 73(1) of the Constitution.

    

    

2. The persons (other than the Prime Minister) who immediately before the appointed day hold office as Minister under the existing Order shall, as from the appointed day, hold the like office as if they had been appointed thereto under Article 73(2) of the Constitution.

    

    

3. Any person holding the office of Prime Minister or other Minister by virtue of subsection (1) or (2) of this section who immediately before the appointed day was charged with responsibility for any matter or department of government shall, as from the appointed day, be deemed to have been charged with responsibility for the corresponding business or administration of the corresponding department of the Government under Article 77 of the Constitution.

    

4. The person who immediately before the appointed day hold office as Parliamentary Secretaries under the existing Order shall, as from the appointed day, hold the like offices as if they had been appointed thereto under Article 81 (1) of the Constitution.

    

    

5. Any person who holds office as Prime Minister or other Minister or Parliamentary Secretary as from the appointed day by virtue of the provisions of this section shall be deemed to have complied with the requirements of Article 84 of the Constitution relating to the taking of oaths.

    

Leader of the Opposition.

7.-The person who immediately before the appointed day is the Leader of the Opposition (as defined for the purposes of the Schedule to the existing Order) shall, as from the appointed day, hold office as Leader of the Opposition as if he had been appointed thereto under Article 82 of the Constitution.

Existing officers.

8.- Subject to the provisions of this Order and of the Constitution, every person who immediately before the commencement of this Order holds or is acting in a public office shall, as from the commencement of this Order, continue to hold or act in the like office as if he had been appointed thereto in accordance with the provisions of the Constitution.

Supreme Court and Court of Appeal Judges.

9.-

1. The Supreme Court and the Court of Appeal in existence immediately before the appointed day shall, as from the appointed day be the Supreme Court and the Court of Appeal for the purposes of the Constitution and the Chief Justice and the Judges of the Supreme Court and the President of the Court of Appeal and the Justices of Appeal holding office immediately before that day shall, as from that day, hold offices as chief Justice or Justices of the Supreme Court or President of the Court of Appeal or Justices of Appeal, as the case may be, as if they had been appointed under the provisions of Chapter vii of the Constitution.

    

    

2. Any proceedings pending before the Supreme Court immediately before the appointed day may be continued and any judgment of that Court given but not satisfied before that day may be enforced as if it were the judgment of the Supreme Court established by the Constitution.

    

Pending appeals.

10.-

1. Any proceedings pending immediately before the appointed day on appeal from the Supreme Court to the Court of Appeal for the Bahamas Islands may be continued after the appointed day before the Court of Appeal for The Bahamas established by the Constitution.

    

2. Any judgment of the Court of Appeal for the Bahamas Islands in an appeal from a court of the Colony of the Bahamas Islands given, but not satisfied, before the appointed day may be enforced after the appointed day as if it were a judgment of the Court of Appeal for The Bahamas established by the Constitution.

    

Exercise of jurisdiction by Court of Appeal for Turks and Caicos Islands.

11.- A court of appeal for the Turks and Caicos Island may, under arrangements between the Government of that territory and the Government of The Bahamas, sit in The Bahamas and exercise there such jurisdiction and powers in respect of the Turks and Caicos Islands as may be conferred upon it by any law for the time being in force in the Turks and Caicos Islands. Without prejudice to the generality of the foregoing, persons committed to custody in the Turks and Caicos Islands when present in The Bahamas in connection with any proceedings in a court of appeal for the Turks and Caicos Islands may be held in custody in The Bahamas and persons may be committed to custody in The Bahamas by order of such a court.

Remuneration of certain persons.

12.-Until provisions is made under and in accordance with Article 135 of the Constitution, the salaries and allowances of the holders of each of the offices to which that Article applies, other than the Governor-General, shall be the salaries and allowances of the holders of each of the offices or of the offices corresponding thereto were entitled immediately before the appointed day, and the salary and allowances of the Governor-General shall be the salary and allowances to which the Governor and Commander-in-Chief of the Bahamas Island was entitled immediately before such day.

Transitional provisions relating to existing Commissions.

13.-

1. Any power of the Governor and Commander-in-Chief of the Bahamas Island acting on the recommendation of the Public Service Commission established by the existing Order which has been validly delegated to any public officer under that Order shall, as from the appointed day, be deemed to have been delegated to that public officer to the extent that power could be so delegated under Article 110 of the Constitution.

    

    

2. Any matter which, immediately before the appointed day, is pending before an existing Commission or, as the case may be, before any person or authority on whom the power to deal with such matter has been conferred under the existing Order shall as from the appointed day be continued before the Public Service Commission established by the Constitution, or the Public Service Board of Appeal, or the Judicial and Legal Service Commission, or the Police Service Commission, so established or, as the case may be, the said person or authority:

    

   Provided that where an existing Commission or, as the case may be, any person or authority as aforesaid has, immediately before the appointed day, partly completed the hearing of a disciplinary proceeding (in this section referred to as "the original hearing"), no person shall take part in the continued hearing unless he has also taken part in the original hearing; and where by virtue of this subsection the original hearing cannot be so continued the hearing of the disciplinary proceeding shall be recommenced.

    

3. A person who immediately before the appointed day holds the office of Chairman or other member of an existing Commission shall, as from the appointed day, continue to hold the like office as if he had been appointed thereto in accordance with the provisions of the Constitution and shall be deemed to have been duly appointed to such office under the Constitution.

    

    

4. The provisions of Articles 107(3), 114(3), 116(3) or 118(3), as the case may be, of the Constitution shall have effect in relation to such a person as if the date of his appointment under the existing Order were the date of his appointment under the existing Order were the date of his appointment under the Constitution.

    

5. Until Parliament otherwise prescribes under Article 117(2) of the Constitution the public offices to which Article 117(1) thereof applies shall be the offices of Solicitor-General, Registrar of the Supreme Court, Legal Draftsman, Senior Crown Counsel, Chief Magistrate, Registrar General, Stipendiary and Circuit Magistrate, Crown Counsel, Assistant Legal Draftsmen, Assistant Registrar, Deputy Registrar General and Assistant Crown Counsel.

    

6. In this section "an existing Commission" means the Public Service Commission established under the existing Order or, as the case may be, the Public Service Board of Appeal, or the Judicial and Legal Service Commission, or the Police Service Commission, so established.

    

Emergency Powers Order in Council 1939.

14.-

1. The Emergency Powers Order in Council 1939(a) and any Order in Council amending that Order(b) shall cease to have effect as part of the law of The Bahamas on 10th July 1974 or such earlier date as Parliament may prescribe.

    

2. Until such time as the said Orders cease to have effect under subsection (1) of this section they shall continue to have effect in respect of The Bahamas as they had effect in respect of the former Colony of the Bahamas Island immediately before the appointed day, except that the powers exercisable by the Governor thereunder shall be exercisable by the Governor-General acting in accordance with the advice of the Prime Minister.

    

Transfer of Crown Lands Fund for Development to Consolidated Fund.

15.- All sums standing to the credit of the Crown Lands Fund for Development immediately before the appointed day shall as from that day form part of the Consolidated Fund, and all sums charged on the Crown Lands Fund for Development immediately before that day shall as from that day stand charged on the Consolidated Fund.

Transitional provisions relating to compensation etc.

16.- Any compensations, gratuity, grant or allowance paid or payable, whether before or after the appointed day, under any regulation made by the Governor under section 15 of the Bahamas Islands (Constitution) Order in Council 1963(c) or under section 9 of the Bahamas Island (Constitution) Order 1969, which under those regulations as in force immediately prior to the appointed day was or would have been exempt from tax in the Bahamas Island, shall be exempt from tax to the same extent in The Bahamas after the appointed day.

Alteration of his Order.

17.-

1. Parliament may alter any of the provisions of this Order (in so far as those provisions form part of the law of The Bahamas), other than those mentioned in subsections (2) and (3) of this section, in the same manner as it may alter the provisions of the Constitution other than those specified in paragraphs (2) and (3) of Article 54 of the Constitution.

    

2. Parliament may alter subsection (6) of section 5 of this Order and this section in the same manner as it may alter the provisions specified in Article 54(3) of the Constitution.

    

3. Parliament may alter sections 8, 9, 12, subsections (3), (4) and (5) of section 13 and section 16 of this Order in the same manner as it may alter the provisions specified in Article 54(2) of the Constitution.

    

4. In this section "alter" has the same meaning as in Article 54(4)(b) of the Constitution.

    

W. G. Agnew

Preamble

Whereas Four hundred and eighty-one years ago the rediscovery of this Family of Islands, Rocks and Cays heralded the rebirth of the New World;

And Whereas the People of this Family of Islands recognizing that the preservation of their Freedom will be guaranteed by a national commitment to Self-discipline, Industry, Loyalty, Unity and an abiding respect for Christian values and the Rule of Law;

Now Know Ye Therefore:

We the Inheritors of and Successors to this Family of Islands, recognizing the Supremacy of God and believing in the Fundamental Rights and Freedoms of the Individual, Do Hereby Proclaim in Solemn Praise the Establishment of a Free and Democratic Sovereign Nation founded on Spiritual Values and in which no Man, Woman or Child shall ever be Slave or Bondsman to anyone or their Labour exploited or their Lives frustrated by deprivation, and do Hereby Provide by these Articles for the indivisible Unity and Creation under God of the Commonwealth of The Bahamas.

CHAPTER I
THE CONSTITUTION

The State.

1.- The Commonwealth of the Bahamas shall be a sovereign democratic State.

The Constitution is supreme law.

2.- This Constitution is the supreme law of the Commonwealth of The Bahamas and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution, shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II
CITIZENSHIP

Persons who become citizens on 10th July 1973.

3.-(1) Every person who, having been born in the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall become a citizen of the Bahamas on 10th July 1973.

(2) Every person who, having been born outside the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of The Bahamas in accordance with the provisions of the preceding paragraph, become a citizen of The Bahamas on 10th July 1973.

(3) Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies having become such a citizen under the British Nationality Act 1948 by virtue of his having been registered in the former Colony of the Bahamas Islands under that Act shall become a citizen of The Bahamas on 10th July 1973:

Provided that this paragraph shall not apply to any citizen of the United Kingdom and Colonies-

(a) who was not ordinarily resident in that Colony on 31st December 1972, or

(b) who became registered in that Colony on or after 1st January 1973, or

(c) who on 9th July 1973 possesses the citizenship or nationality of some other country.

Persons who become citizens on 9th July 1974.

4.- Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies-

(a)having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalized in the former Colony of the Bahamas Islands before that Act came into force, or

(b) having become such a citizen by virtue of his having been naturalized in the former Colony of the Bahamas Islands under that Act,

shall become a citizen of The Bahamas on 9th July 1974, unless prior to that date, he has in such manner as may be prescribed declared that he does not desire to become a citizen of The Bahamas:

Provided that this section shall not apply to a citizen of the United Kingdom and Colonies who on 9th July 1973 possesses the citizenship or nationality of some other country.

Persons entitled to be registered as citizens.

5.-(1) Any woman who, on 9th July 1973, is or has been married to a person-

(a) who becomes a citizen of The Bahamas by virtue of Article 3 of this Constitution; or

(b) who, having died before 10th July 1973, would, but for his death, have become a citizen of The Bahamas by virtue of that Article, shall be entitled, upon making application and upon taking the oath of allegiance or such declaration in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that the right to be registered as a citizen of The Bahamas under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

 

(3) Notwithstanding anything contained in paragraph (2) of this Article, a person who has attained the age of eighteen years or who is a woman who is or has been married shall not, if he is a citizen of some country other than The Bahamas, be entitled to be registered as a citizen of The Bahamas under the provisions of that paragraph unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declarations may be prescribed:

Provided that where a person cannot renounce his citizenship of the other country under the law of that country he may instead make such declaration concerning that citizenship as may be prescribed.

 

(5) Any woman who on 9th July 1973 is or has been married to a person who subsequently becomes a citizen of The Bahamas by registration under paragraph (2) of this Article shall be entitled, upon making application and upon taking the oath of allegiance or such declaration as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that the right to be registered as a citizen of The Bahamas under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

 

Provided that such an application may not be made by a person who has not attained the age of eighteen year and is not a woman who is or has been married, but shall be made on behalf of that person by a parent or guardian of that person.

 

Persons born in The Bahamas after 9th July 1973.

6.- Every person born in The Bahamas after 9th July 1973 shall be come a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas.

Persons born in The Bahamas after 9th July 1973 of non-citizen parents.

7.-(1) A person born in The Bahamas after 9th July 1973 neither of whose parents is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years or within twelve months thereafter in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that if he is a citizen of some country other than The Bahamas he shall not be entitled to be registered as a citizen of The Bahamas under this Article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed.

 

Persons born outside The Bahamas after 9th July 1973.

8.- A persons born outside The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date his father is a citizen of The Bahamas otherwise than by virtue of this Article or Article 3(2) of this Constitution.

Further provisions for persons born outside The Bahamas after 9th July 1973.

9.-(1) Notwithstanding anything contained in Article 8 of this Constitution, a person born legitimately outside The Bahamas after 9th July 1973 whose mother is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years and before he attains the age of twenty-one years, in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that if he is a citizen of some country other than The Bahamas he shall not be entitled to be registered as a citizen of The Bahamas under this Article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed.

 

(3) Any application for registration under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

Marriage to citizens of The Bahamas.

10.- Any woman who, after 9th July 1973, marries a person who is or becomes a citizen of The Bahamas shall be entitled, provided she is still so married, upon making application in such manner as may be prescribed and upon taking the oath of allegiance of such declaration as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that the right to be registered as a citizen of The Bahamas under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security of public policy.

 

Deprivation of citizenship.

11.-(1) If the Governor-General is satisfied that any citizen of The Bahamas has at any time after 9th July 1973 acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Governor-General may by order deprive that person of his citizenship.

(2) If the Governor-General is satisfied that any citizen of The Bahamas has at any time after 9th July 1973 voluntarily claimed and exercised in any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Governor-General may by order deprive that person of his citizenship.

Renunciation of citizenship.

12.- Any citizen of The Bahamas who has attained the age of twenty-one years and who-

(a) is also a citizen or national of any other country; or

(b) intends to become a citizen or national of any other country,

- shall be entitled to renounce his citizenship of The Bahamas by a declaration made and registered in such manner as may be prescribed:

Provided that- (a) in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration or renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of The Bahamas notwithstanding the making and registration of his declaration of his declaration of renunciation; and

> (b) the right of any person to renounce his citizenship of The Bahamas during any period when The Bahamas is engaged in any war shall be subject to such exceptions or qualification as may be prescribed in the interests of national security or public policy.

Power of Parliament.

13.- Parliament may make provision-

(a) for the acquisition of citizenship of The Bahamas by persons who do not become citizens of The Bahamas by virtue of the provisions of this Chapter;

(b) for depriving of his citizenship of The Bahamas any person who is a citizen of The Bahamas otherwise than by virtue of paragraphs (1) or (2) of Articles 6 or 8 of this Constitution; or

(c) for the certification of citizenship of The Bahamas for persons who have acquired that citizenship and who desire such certification.

Interpretation.

14.-(1) Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimated before 10th July 1973, be construed as a reference to the mother of that person.

(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Chapter to the national status of the father of a person at the time of that person's birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 10th July 1973 and the birth occurred after 9th July 1973 the national status that the father would have had if he had died on 10th July 1973 shall be deemed to be his national status at the time of his death.

CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Fundamental rights and freedoms of the individual.

15.- Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

(a) life, liberty, security of the person and the protection of the law;

(b) freedom of conscience, of expression and of assembly and association; and

(c) protection for the privacy of his home and other property and from deprivation of property without compensation, the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

Protection of right to life.

16.-(1) No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

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

(d) in order to prevent the commission by tat person of a criminal offence.

- or if he dies as a result of a lawful act of war.

Protection from inhuman treatment.

17.-(1) No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the Bahamas Islands immediately before 10th July 1973.

Protection from slavery and forced labour.

18.-(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this Article, "forced labour" does not include-

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

(b) 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 in a naval, military or air force, any labour which that person is required by law to perform in place of such service;

(c) labour required of any person while he is lawfully detained which, 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 in which he is detained; or

(d) any labour required during a period of public emergency (that is to say, a period to which Article 29 of this Constitution applies) or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

Protection from arbitrary arrest or detention.

19.-(1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases-

(a) in execution of the sentence or order of a court, whether established for The Bahamas or some other country, in respect of a criminal offence of which he has been convicted or in consequence of his unfitness to plead to a criminal charge or in execution of the order of a court on the grounds of his contempt of that court or of another court or tribunal;

(b) in execution of the order of a court made in order to secure the fulfillment of any obligation imposed upon him by law;

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

(d) upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;

(e) in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;

(f) for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment of the protection of the community;

(g) for the purpose of preventing the unlawful entry of that person into The Bahamas or for the purpose of effecting the expulsion, extradition or other lawful removal from the Bahamas of that person or the taking of proceedings relating thereto; and without prejudice to the generality of the foregoing, a law may, for the purposes of this sub-paragraph, provide that a person who is not a citizen of The Bahamas may be deprived of this liberty to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within The Bahamas or prohibiting him from being within such an area.

(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reason for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.

(3) Any person who is arrested or detained in such a case as is mentioned in sub-paragraph (1)(c) or (d) of this Article and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said sub-paragraph (1)(d) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon reasonably necessary to ensure that he appears at a later date for trial of for proceedings preliminary to trial.

(4) Any person who is unlawfully arrested or detained by any other persons hall be entitled to compensation therefor from that other person.

(5) Where a person is detained by virtue of such a law as is referred to in Article 29 of this Constitution, the following provisions shall apply-

(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;

(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) he may from time to time request that his case be reviewed under sub-paragraph (d) of this paragraph but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;

(d) where a request is made under sub-paragraph (c) of this paragraph, the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law, presided over by the Chief Justice or another Justice of the Supreme Court appointed by him, and consisting of persons who are Justices of the Supreme Court or who are qualified to be appointed as Justices of the Supreme Court:

(e) he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal representative of his own choice, and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.

(6) On any review by a tribunal in pursuance of paragraph (5) of this Article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention 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.

(7) When any person is detained by virtue of such a law as is referred to in Article 29 of this Constitution the Prime Minister of a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter no more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of paragraph 85) of this Article:

Provided that in reckoning any period of thirty days for the purposes of this paragraph no account shall be taken of any period during which parliament stands prorogued or dissolved.

 

Provisions to secure protection of law.

20.-(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 representative of his own choice or by a legal representative at the public expense where so provided by or under a law in force in The Bahamas;

(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, ad to obtain the attendance and carry out the examination of witnesses to testify on hi behalf before the court on the same condition as those applying to witnesses called by the prosecution;

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge; and

(g) shall, when charged on information in the Supreme Court, have the right to trial by jury;

and except with his own consent the trial shall not take place in his absence unless he so conduct himself in the court as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(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) No person shall 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 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) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right of obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are institute by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

(9) All proceeding instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public,

(10) Nothing in paragraph (9) of this Article shall prevent the court from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court-

(a) may be empowered by law so to do and may consider necessary or expedient in circumstances where publicity would prejudice 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 live of persons concerned in the proceedings;

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

(c) may be empowered or required to do so by rules of court and practice existing immediately before 10th July 1973 of by any law made subsequently to the extent that it makes provisions substantially to the same effect as provision contained in any such rules.

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

(a) sub-paragraph (2)(a) of this Article to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

(b) sub-paragraph (2)(e) of this Article to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;

(c) paragraph (5) of this Article 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.

Protection for privacy of home and other property.

21.-(1) Except with his consent, no person shall be subjected to the search of his person or his property of the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provisions-

(a) which is reasonably required-

(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning, he development of mineral resources, or the development of utilization of nay other property in such a manner as to promote the public benefit; or

(ii) for the purpose of protecting the rights and freedoms other persons;

(b) to enable an officer or agent of the Government of The Bahamas, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and the belongs to that Government, authority or body corporate, as the case may be; or

(c) to authorize, 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 the entry upon any premises by such order,

- 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.

Protection of freedom of conscience.

22.-(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes 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 of belief in worship, teaching, practice and observance.

(2) Except with his consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance of that instruction, ceremony or observance relates to a religion other than his own.

(3) No religious body or denomination shall be prevented from or hindered in providing religious instruction for persons of that body of denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.

(4) No person shall be compelled to take any oath which is contrary to his religion or belief of to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision which is reasonably required-

(a) in the interest of defence, public safety, public order, public morality or public health; or

(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 interference of member of any other religion,

- 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.

Protection of freedom of expression.

23.-(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

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

(a) which is reasonably required-

(i) in the interests of defence, public safety, public order, public morality or public health; or

(ii) for the purposes of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or

(b) which imposes restrictions upon persons holding office under the Crown or upon members of a disciplined force,

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.

Protection of freedom of assembly and association.

24.-(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests.

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

(a) which is reasonably required- (i) in the interest of defence, public safety, public order, public morality or public health; or

> (ii) for the purpose of protecting the rights and freedoms of other persons; or

(b) which imposes restriction upon person s holding office under the Crown or upon members of a discipline force,

- 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.

Protection of freedom of movement.

25.- (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, and for the purposes of this Article the said freedom means the right to move freely throughout The Bahamas, the right to reside in any part thereof, the right to enter The Bahamas, the right to leave The Bahamas and immunity from expulsion therefrom.

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

(a) which is reasonably required-

(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning of the prevention of plant or animal diseases; or

(ii) for the purpose of protecting the rights and freedoms of other persons,

- and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

(b) for the removal of a person from The Bahamas to be tried outside The Bahamas for a criminal offence or to undergo imprisonment in some other country in respect of a criminal offence of which he has been convicted;

(c) for the imposition of restriction upon the movement of residence within The Bahamas of public officers or member of a disciplined force that are reasonably required for the purpose of the proper performance of their functions; or

(d) for the imposition of restriction on the right of any person to leave The Bahamas of any person who is not a citizen of The Bahamas or the exclusion or expulsion therefrom of any such person; or

(e) for the imposition of restrictions on the right of any person to leave The Bahamas in the public interest, or for securing compliance with any international obligation of the Government of The Bahamas particulars of which have been laid before Parliament.

(3) Any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this Article.

(4) For the purposes of sub-paragraph (c) of paragraph (2) of this Article "law" in that paragraph includes directions in writing regarding the conduct of public officers generally of any class of public officer issued by the Government of The Bahamas.

Protection from discrimination on the grounds of race, etc.

26.- (1) Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.

(2) Subject to the provisions of paragraphs (6), (9) and (10) of this Article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority.

(3) In this Article, the expression "discriminatory" means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(4) Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-

(a) for the appropriation of revenues or other funds of The Bahamas or for the imposition of taxation (including the levying of feed for the grant of licenses); or

(b) with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement of residence within, The Bahamas of persons who are not citizens of The Bahamas; or

(c) with respect to adoption, marriage, divorce, burial, devolution f property on death or other matters of personal law; or

(d) whereby persons of any such description as is mentioned in paragraph (3) for this Article may be subjected to any disability or restriction or may be accorded any privilege or advantage which 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; or

(e) for authorizing the granting of licenses or certificates permitting the conduct of a lottery, the keeping of a gaming house or the carrying on of gambling in any of its forms subject to conditions which impose upon persons who are citizens of The Bahamas disabilities or restriction to which other persons are not made subject.

(5) Nothing contained in any law shall be held to be inconsistent whit or in contravention of paragraph (1) of this Article to the extent that it makes provision with respect to standards or qualifications (not being a standard or qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for service as a public officer or as a member of a disciplined force of for the service of a local government authority or a body corporate established by law for public purposes.

(6) Paragraph (2) of this Article shall not apply to anything which is expressly of by necessary implication authorized to be done by any such provision of law as is referred to in paragraphs (4) or (5) of this Article.

(7) Subject to the provisions of subparagraph (4)(e) and of paragraph (9) of this Article no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.

(8) Subject to the provisions of this Article no person shall be treated in a discriminatory manner-

(a) in respect of any conveyance or lease or agreement for, or in consideration of , or collateral to, a conveyance or lease of any freehold or leasehold hereditament which have been offered for sale or lease to the general public;

(b) in respect of any covenant or provision in any conveyance or lease or agreement for , or in consideration of, or collateral to, a conveyance or lease restricting by discriminatory provision the transfer, ownership, use or occupation of any freehold or leasehold hereditament which have been offered for sale or lease to the general public.

(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision whereby persons of any such description as is mentioned in paragraph (3) of this Article may be subjected to any restriction on the rights and freedoms guaranteed by Articles 21,22,23,24 and 25 of this Constitution, being such a restriction as is authorized by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.

(10) Nothing in paragraph (2) of this Article 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 this Constitution or any other law.

Protection from deprivation of property.

27.- (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 where the following conditions are satisfied, that is to say-

(a) the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of any property in such manner as to promote the public benefit or the economic well-being of the community; and

(b) the necessity thereof is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and

(c) provision is made by a law applicable to that taking of possession or acquisition-

(i) for the making of prompt and adequate compensation in the circumstances; and

(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation; and

(d) any party to proceedings in the Supreme Court relating to such a claim is given by law the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.

(2) Nothing in this Article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property-

(a) in satisfaction of any tax, rate or due;

(b) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of The Bahamas;

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

(d) upon the attempted removal of the property in question out of or into The Bahamas in contravention of any law;

(e) by way of the taking of a sample for the purposes of any law;

(f) where the property consist of an animal upon its being found trespassing or straying;

(g) in the execution of judgments or orders of courts;

(h) by reason of its being in a dilapidated or dangerous state of injurious to the health of human being, animals or plants;

(i) in consequence of any law making provision for the validation of titles to land of (without prejudice to the generality of the foregoing words) the confirmation of such titles, or for the extinguishment of adverse claims, or with respect to prescription or the limitation of actions,

(j) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon-

(i) of work or reclamation, drainage, soil conservation or the conservation of other natural resources; or

(ii) of agricultural development or improvement that the owner or occupier of the land has been required, and has without reasonable and lawful excuse, refused or failed to carry out; or

(k) to the extent that the law in question makes provision for the vesting or taking of possession or acquisition or administration of-

(i) enemy property;

(ii) property of a deceased person, a person of unsound mind of a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

(iii) property of a person adjudged insolvent or a defunct company that has been struck off the Register of Companies, of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of that insolvent person or body corporate and, subject thereto, for the benefit of other person entitled to the beneficial interest in the property; or

(iv) property subject to a trust, for the purpose of vesting the property in person 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.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor of for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

(4) Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest or right is held by a body corporate established directly by law for public purpose in which no monies have been invested other than monies provided by Parliament or by any Legislature established for the former Colony of the Bahamas Islands.

Enforcement of fundamental rights.

28.- (1) If any person alleges that any of the provisions of Articles 16 to 27 (inclusive) of this Constitution has been, is being of is likely to be contravened in relation to him then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction-

(a) to hear and determine any application made by any person in pursuance of paragraph (1) of this Article; and

(b) to determine any question arising in the case of any parson which is referred to it in pursuance of paragraph (3) of this Article,

- and may make such 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 the said Articles 16 to 27 (inclusive) to the protection of which the person concerned is entitled:

Provided that the Supreme Court shall not exercise its power under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

 

(4) No law shall make provision with respect to rights of appeal from any determination of the Supreme Court in pursuance of this Article that is less favorable to any party thereto than the rights of appeal from determinations of the Supreme Court that are accorded generally to parties to civil proceedings in that Court sitting as a court or original jurisdiction.

(5) Parliament may make laws to confer upon the Supreme Court such additional or supplementary powers as may appear to be necessary or desirable for enabling the Court more effectively to exercise the jurisdiction conferred upon it by paragraph (2) of this Article and may make provision with respect to the practice and procedure of the Court while exercising that jurisdiction.

Provisions for time of war or emergency.

29.- (1) This Article applies to any period when-

(a) The Bahamas is at war; or

(b) there is in force a proclamation (in this section referred to as a "proclamation of emergency") made by the Governor-General and published in the Gazette declaring that a state of public emergency exists for the purposes of this section.

(2) Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of Article 19, any provision of Article 20 other than paragraph (4) thereof, or any provision of Article 21 to 26 (inclusive) of this Constitution to the extent that the law in Question makes in relation to any period to which this Article applies provision, or authorizes the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation or existing during that period for the purpose of dealing with that situation.

(3) Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before both Houses of Parliament, and if for any cause those Houses are not due to meet within five days the Governor-General shall, by proclamation published in the Gazette, summon them to meet within five days and they shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if they had stood adjourned or prorogued to that day:

provided that if the proclamation of emergency is made during the period between a dissolution of Parliament and the next ensuing general election-

 

(b) if the Governor-General is so satisfied, he shall (instead of summoning the House so referred to meet within five days of the making of the proclamation ) summon the Houses of the new Parliament to meet as soon as practicable after the holding of that election.

(4) A proclamation of emergency shall, unless it is sooner revoked by the Governor-General, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under paragraph (5) of this Article, but without prejudice to the making of another proclamation of emergency at or before the end of that period.

(5) If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this paragraph) a resolution is passed by each House of Parliament approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.

Saving of existing law.

30.- (1) Subject to paragraph (3) of this Article, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law in question-

(a) is a law (in this Article referred to as "an existing law") that was enacted or made before 10th July 1973 and has continued to be part of the law of The Bahamas at all times since that day;

(b) repeals and re-enacts an existing law without alteration; or

(c) alters an existing law and does not thereby render that law inconsistent with any provision of the said Articles 16 to 27 (inclusive) in a manner in which, or to an extent to which, it was not previously so inconsistent.

(2) In sub-paragraph (1)(c) of this Article the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in paragraph 81) of this Article "written law" includes any instrument having the force of law and in this paragraph and the said paragraph (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

(3) This Article does not apply to any regulation or other instrument having legislative effect made, or to any executive act done, after 9th July 1973 under the authority of any such law as is mentioned in paragraph (1) of this Article.

Interpretation.

31.- (1) In this Chapter-

"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 The Bahamas other than a court established by a disciplinary law, and includes the Judicial Committee of Her Majesty's Privy Council or any court substituted therefore by any law made under Article 105 of this Constitution and-

(a) In Article 16, Article 18, Article 19, paragraphs (2), (3), (5), (8), (9) and (10) of Article 26 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, a court established by such a law; and

(b) In Article 18, Article 19 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence;

"disciplined force" means-

(a) a naval, military or air force;

(b) the Police Service of The Bahamas; or

(c) the Prison Service of The Bahamas; or

(d) any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter;

"legal representative" means a person entitled to practice in The Bahamas as Counsel and Attorney of the Supreme Court;

"member" in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

(2) Any reference in Articles 16, 19, 25 and 27 of this Constitution to a criminal offence shall be construed as including an offence against disciplinary law, and any such reference in paragraphs (2) to (7) (inclusive) of Article 20 of this Constitution shall, in relation to proceedings before a court constituted by or under disciplinary law, be construed in the same manner.

(3) In relation to any person who is a member of a disciplined force raise under a law of any country other than The Bahamas and lawfully present in The Bahamas, 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.

CHAPTER IV
THE GOVERNOR-GENERAL

Establishment of office of Governor-General.

32.-There shall be a Governor-General of The Bahamas who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in The Bahamas.

Acting Governor-General.

33.- (1) Whenever the office of Governor-General is vacant of the holder of the office is absent from The Bahamas or is for any other reason unable to perform the functions of his office, those functions shall be performed-

(a) by any person for the time being designated by her Majesty in that behalf who is in The Bahamas and able to perform those functions; or

(b) at any time when there is no person in The Bahamas so designated and able to perform those functions, by the holder of the office of Chief Justice; or

(c) at any time referred to in sub-paragraph (b) of this paragraph when the office of Chief Justice is vacant or the holder thereof is absent from The Bahamas or is for any other reason unable to perform those functions, by the President of the Senate.

(2) The holder of the office of Governor-General or any person designated under sub-paragraph (1)(a) of this Article or by sub-paragraph (1)(b) of this Article shall not, for the purposes of this Article, be regarded as absent from The Bahamas or as unable to perform the function of the office of Governor-General at any time when there is a subsisting appointment of a deputy under Article 34 of this Constitution.

Deputy to Governor-General.

34.- (1) Whenever the Governor-General-

(a) has occasion to be absent from The Bahamas for a period which he has reason to believe will be of short duration; or

(b) is suffering from an illness that he has reason to believe will be of short duration,

- he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in The Bahamas to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the function of the office of Governor-General as may be specified in that instrument.

(2) The power and authority of the Governor-General shall nor be abridged, altered or in any way affected by the appointment of a deputy under this Article, and in the exercise of any function that is exercisable by the Governor-General acting in accordance with his own deliberate judgment or after consultation with any person or authority a deputy shall conform to and observe any instructions that the Governor-General, acting in like manner, may address to him;

Provided that the question whether or not a deputy has conformed to or observed any such instruction shall not be inquired into in any court.

 

Personal staff of Governor-General.

35.- (1) Parliament may prescribe the offices that are to constitute the personal staff of the Governor-General, the salaries and allowances that are to be paid in respect of the expenditure attaching to the office of Governor-General.

(2) Any salaries or other sums prescribed under paragraph (1) of this Article are hereby charged on and shall be paid out of the Consolidated Fund.