Belize 1981 (rev. 2001)

1. The State

1. Type of government envisioned
   Belize shall be a sovereign democratic State of Central America in the Caribbean region.
2. Belize comprises the land and sea areas defined in Schedule 1 to this Constitution, which immediately before Independence Day constituted the colony of Belize.[FN: Schedule 1.]

2. Constitution is supreme law

3. Fundamental rights and freedoms

4. Protection of right to life

1. A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence 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 this section 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-
   1. for the defence of any person from violence or for the defence of property;
   2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
   3. for the purpose of suppressing a riot, insurrection or mutiny; or
   4. 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 authorised by law in any of the following cases, that is to say:-
   1. in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Belize or some other country, in respect of a criminal offence of which he has been convicted;
   2. in execution of the order of the Supreme Court or the Court of Appeal punishing him for contempt of the Supreme Court or the Court of Appeal or of another court or tribunal;
   3. in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
   4. for the purpose of bringing him before a court in execution of the order of a court;
   5. upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;
   6. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
   7. for the purpose of preventing the spread of an infectious or contagious disease;
   8. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
   9. Extradition procedure
      for the purpose of preventing his unlawful entry into Belize, or for the purpose of effecting his expulsion, extradition or other lawful removal from Belize or for the purpose of restraining him while he is being conveyed through Belize in the course of his extradition or removal as a convicted prisoner from one country to another; or
   10. to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within Belize, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him 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 him during any visit that he is permitted to make to any part of Belize in which, in consequence of any such order, his presence would otherwise be unlawful.
2. Any person who is arrested or detained shall be entitled-
   1. to be informed promptly, and in any case no later than twenty-four hours after such arrest or detention, in a language he understands, of the reasons for his arrest or detention;[FN: 2 of 2001.]
   2. to communicate without delay and in private with a legal practitioner of his choice and, in the case of a minor, with his parents or guardian, and to have adequate opportunity to give instructions to a legal practitioner of his choice;
   3. to be informed immediately upon his arrest of his rights under paragraph (b) of this subsection; and
   4. Protection from unjustified restraint
      to the remedy by way of habeas corpus for determining the validity of his detention.
3. Any person who is arrested or detained-
   1. for the purpose of bringing him before a court in execution of the order of a court; or
   2. 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 forty-eight hours after such arrest or detention.[FN: 2 of 2001]

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 an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.
5. Right to pre-trial release
   If any person arrested or detained as mentioned in subsection (3) (b) of this section is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall, unless he is released, be entitled to bail on reasonable conditions.
6. Protection from false imprisonment
   Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting:

   Provided that no person shall be liable for any act done in the performance of a judicial function for which he would not be liable apart from this subsection.

7. For the purposes of subsection (1) (a) of this section, a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.

6. Protection of law

1. General guarantee of equality
   All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.
2. Right to fair trial, Right to speedy trial
   If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
3. Every person who is charged with a criminal offence-
   1. Presumption of innocence in trials
      shall be presumed to be innocent until he is proved or has pleaded guilty;
   2. Trial in native language of accused
      shall be informed as soon as reasonably practicable, in a language that he understands, of the nature and particulars of the offence charged;
   3. shall be given adequate time and facilities for the preparation of his defence;
   4. Right to counsel
      shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;
   5. Right to examine evidence/witnesses
      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
   6. Trial in native language of accused
      shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial,

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

   Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court.

4. Protection from ex post facto laws
   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. Prohibition of double jeopardy
   A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
6. Protection from self-incrimination
   A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.
7. Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
8. Right to public trial
   Except with the agreement of all the parties thereto, all proceedings of every court and 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.
9. Nothing in subsection (8) of this section 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-
   1. may by law be empowered 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 or the protection of the private lives of persons concerned in the proceedings; or
   2. may by law be empowered or required to do in the interests of defence, public safety or public order.
10. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
    1. subsection (3) (a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
    2. subsection (3) (e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
    3. subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
11. In the case of any person who is held in lawful detention the provisions of subsection (2) and paragraphs (d) and (e) of subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.
12. In this section, "criminal offence" means a criminal offence under a law.

7. Protection from inhuman treatment

8. Protection from slavery and forced labour

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 section, the expression "forced labour" does not include-
   1. any labour required in consequence of the sentence or order of a court;
   2. 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;
   3. 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 naval, military or air force, any labour that that person is required by law to perform in place of such service; or
   4. any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.

9. Protection from arbitrary search or entry

1. Except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision-
   1. that is required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;
   2. that is required for the purpose of protecting the rights or freedoms of other persons;
   3. that authorises an officer or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or to that authority or body corporate, as the case may be; or
   4. that authorises, for the purpose of enforcing the judgment or order of the court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order.

10. 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 Belize, the right to reside in any part of Belize, the right to enter Belize, the right to leave Belize and immunity from expulsion from Belize.
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 this section.
3. 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 reasonable provision-
   1. for the imposition of restrictions on the movement or residence within Belize of any person or on any person's right to leave Belize that are required in the interests of defence, public safety or public order;
   2. for the imposition of restrictions on the movement or residence within Belize or on the right to leave Belize of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave Belize, of securing compliance with any international obligation of the Government;
   3. for the imposition of restrictions, by order of a court, on the movement or residence within Belize of any person or on any person's right to leave Belize either in consequence of his having been found guilty of a criminal offence under a 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 Belize;
   4. for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Belize;
   5. for the imposition of restrictions on the acquisition or use by any person of land or other property in Belize;
   6. for the imposition of restrictions on the movement or residence within Belize or on the right to leave Belize of any officer in the public service that are required for the proper performance of his functions;
   7. for the removal of a person from Belize to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or
   8. for the imposition of restrictions on the right of any person to leave Belize that are required in order to secure the fulfilment of any obligation imposed on that person by law.
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) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, 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 are legal practitioners.
5. On any review by a tribunal in pursuance of subsection (4) of this section 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 and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

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 his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air 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 which is not his own.
3. Every recognised religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.
4. A person shall not be compelled to take any oath which is contrary to his religion or belief or 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 section to the extent that the law in question makes provision which is reasonably required-
   1. in the interests of defence, public safety, public order, public morality or public health;
   2. for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or
   3. for the purpose of regulating educational institutions in the interest of the persons who receive or may receive instruction in them.
6. References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions 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 be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.
2. Television
   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 reasonable provision-
   1. that is required in the interests of defence, public safety, public order, public morality or public health;
   2. that is required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or
   3. that imposes restrictions on officers in the public service that are required for the proper performance of their functions.

13. Protection of freedom of assembly and association

1. Right to form political parties, Right to join trade unions
   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 assemble 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 extent that the law in question makes reasonable provision-
   1. that is required in the interests of defence, public safety, public order, public morality or public health;
   2. that is required for the purpose of protecting the rights or freedoms of other persons;
   3. that imposes restrictions on officers in the public service that are required for the proper performance of their functions; or
   4. that is required to prohibit any association the membership of which is restricted on grounds of race or colour.

14. Protection of right to privacy

1. A person shall not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. The private and family life, the home and the personal correspondence of every person shall be respected.
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 of the kind specified in subsection (2) of section 9 of this Constitution.

15. Protection of right to work

1. No person shall be denied the opportunity to gain his living by work which he freely chooses or accepts, whether by pursuing a profession or occupation or by engaging in a trade or business, or otherwise.
2. It shall not be inconsistent with subsection (1) of this section to require, as a condition for embarking upon or continuing work, the payment of professional fees, trade or business licence fees, or similar charges, or the possession of appropriate licences or qualifications.
3. 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 reasonable provision-
   1. that is required in the interests of defence, public safety, public order, public morality or public health;
   2. that is required for the purpose of protecting the rights or freedoms of other persons; or
   3. for the imposition of restrictions on the right to work of any person who is not a citizen of Belize.

16. Protection from discrimination on the grounds of race, etc

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority.
3. Equality regardless of origin, Equality regardless of skin color, Equality regardless of race, Equality regardless of gender, Equality regardless of political party, Equality regardless of creed or belief
   In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour 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 which are not accorded to persons of another such description.
4. Subsection (1) of this section shall not apply to any law so far as that law makes provision-
   1. for the appropriation of public revenues or other public funds;
   2. with respect to persons who are not citizens of Belize;
   3. for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (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 which is the personal law of persons of that description; or
   4. whereby persons of any such description as is mentioned in subsection (3) of this section 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.
5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment.
6. Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.
7. 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 whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 10, 11, 12 and 13 of this Constitution, being such a restriction as is authorised by section 9(2), paragraph (a), (b) or (h) of section 10(3), section 11(5), section 12(2) or section 13(2), as the case may be.
8. Nothing contained in subsection (2) of this section 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.

17. Protection from deprivation of property

1. Protection from expropriation
   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 by or under a law that-
   1. prescribes the principles on which and the manner in which reasonable compensation therefor is to be determined and given within a reasonable time; and
   2. secures to any person claiming an interest in or right over the property a right of access to the courts for the purpose of-
      1. establishing his interest or right (if any);
      2. determining whether that taking of possession or acquisition was duly carried out for a public purpose in accordance with the law authorising the taking of possession or acquisition;
      3. determining the amount of the compensation to which he may be entitled; and
      4. enforcing his right to any such compensation.
2. Protection from expropriation
   Nothing in this section shall invalidate any law by reason only that it provides for the taking possession of any property or the acquisition of any interest in or right over property-
   1. in satisfaction of any tax, rate or due;
   2. by way of penalty for breach of the law or forfeiture in consequence of a breach of the law;
   3. by way of taking a sample for the purposes of any law;
   4. as an incident of any deposit required to be made with the Government of a reasonable number of copies of every book, magazine, newspaper or other printed work published in Belize;
   5. where the property consists of an animal, upon its being found trespassing or straying;
   6. as an incident of a lease, tenancy, mortgage, charge, bill of sale or any other right or obligation arising under a contract;
   7. by way of requiring persons carrying on business in Belize to deposit money with the Government or an agency of the Government for the purpose of controlling credit or investment in Belize;
   8. by way of the vesting and administration of trust property, enemy property, the property of deceased persons, persons of unsound mind or persons adjudged or otherwise declared bankrupt or the property of companies or other societies (whether incorporated or not) in the course of being wound up;
   9. in the execution of judgments or orders of courts;
   10. in consequence of any law with respect to the limitation of actions;
   11. by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;
   12. for the purpose of marketing property of that description in the common interests of the various persons otherwise entitled to dispose of that property; or
   13. for so long only as may be necessary for the purpose of an examination, investigation, trial or enquiry or, in the case of land, the carrying out on the land-
       1. of work of soil conservation or the conservation of other natural resources; or
       2. of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out.

18. Provisions for periods of public emergency

1. In this Part, "period of public emergency" means any period during which-
   1. Belize is engaged in any war; or
   2. there is in force a proclamation by the Governor-General declaring that a state of public emergency exists; or
   3. there is in force a resolution of the National Assembly declaring that democratic institutions in Belize are threatened by subversion.
2. The Governor-General may, by proclamation which shall be published in the Gazette, declare that a state of public emergency exists for the purposes of this Part.
3. A proclamation made by the Governor-General under subsection (2) of this section shall not be effective unless it contains a declaration that the Governor-General is satisfied-
   1. that a state of war between Belize and another State is imminent or that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other similar calamity; or
   2. that action has been taken or is immediately threatened by any person or body of persons 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.
4. A proclamation made under subsection (2) of this section may be made so as to apply only to such part of Belize as may be specified in the proclamation (in this subsection called "the emergency area"), in which case regulations made under subsection (9) of this section shall except as otherwise expressly provided in such regulations have effect only in the emergency area.
5. A proclamation made by the Governor-General for the purposes of and in accordance with this section-
   1. shall, unless previously revoked, remain in force for a period not exceeding one month;
   2. may be extended from time to time by a resolution passed by the National Assembly for further periods, not exceeding in respect of each such extension a period of twelve months; and
   3. may be revoked at any time by a resolution of the National Assembly.
6. A resolution of the National Assembly passed for the purposes of subsection (1) (c) of this section shall remain in force for two 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 two months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution.

7. A resolution of the National Assembly for the purposes of subsection (1) (c) of this section, and a resolution of the National Assembly extending or revoking any such resolution, shall not be passed unless it is supported by the votes of two-thirds of the members of the House of Representatives present and voting.
8. Any provision of this section that a proclamation or resolution shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such proclamation or resolution whether before or after that time.
9. During any period of public emergency, the following provisions shall have effect-
   1. the Governor-General may make such regulations as are necessary or expedient for securing public safety, the defence of Belize, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community;
   2. any such regulations may empower such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations are authorised by this subsection to be made and may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the regulations;
   3. any such regulations or any order or rule made in pursuance of such regulations may amend or suspend the operation of any law and shall have effect notwithstanding anything inconsistent therewith contained in any law;
   4. in this subsection, "law" does not include this Constitution or any provision thereof or any law that alters this Constitution or any provision thereof.
10. Nothing contained in or done under the authority of any law (including any regulations made under subsection (9) of this section) shall be held to be inconsistent with or in contravention of section 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, or 17 of this Constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.

19. Protection of persons detained under emergency laws

1. When a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in Belize during that period, the following provisions shall apply, that is to say-
   1. 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 of the grounds upon which he is detained and furnished with a written statement in English specifying the particulars of those grounds;
   2. not more than fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;
   3. not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;
   4. he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and
   5. 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 of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
3. Nothing contained in subsection (1) (d) or subsection (1) (e) of this section shall be construed as entitling a person to legal representation at public expense.

20. Enforcement of protective provisions

1. If any person alleges that any of the provisions of sections 3 to 19 inclusive of this Constitution 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 which is lawfully available, that person (or that other person) may apply to the Supreme Court for redress.
2. The Supreme Court shall have original jurisdiction-
   1. to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
   2. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section,

   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 sections 3 to 19 inclusive of this Constitution.

3. If in any proceedings in any court (other than the Court of Appeal or the Supreme Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 19 inclusive of this Constitution, the person presiding in that court may, and shall, if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of this question is merely frivolous or vexatious.
4. Right to appeal judicial decisions
   Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal.
5. Where any question is referred to the Supreme Court in pursuance of subsection (3) of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
6. Notwithstanding the validity of any law under section 9(2), 10(3), 11(5), 12(2), 13(2) or 16(4)(d) of this Constitution, any act or thing done under the authority of such law shall be unlawful if such act or thing is shown not to be reasonably required in the actual circumstances in which it is done.
7. The Supreme Court shall have such powers in addition to those conferred by this section as may be conferred on it by the National Assembly for the purpose of enabling it more effectively to exercise the jurisdiction conferred on it by this section.
8. The Chief Justice may make rules with respect to the practice and procedure of the Supreme 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 Supreme Court).

21. Protection of existing laws

22. Interpretation and savings

1. In this Part, 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 Belize other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 4 and 8 of this Constitution a court established by a disciplinary law;

     "disciplinary law" means a law regulating the discipline of any disciplined force;

     "disciplined force" means-

     1. a naval, military or air force;
     2. the Belize Police Department;[FN: 42 of 1999.]
     3. a prison service; or
     4. any such other force or service as may be prescribed by the National Assembly;

     "legal practitioner" means a person admitted and enrolled as an attorney-at-law under the laws of Belize;

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

2. In relation to any person who is a member of a disciplined force of Belize, 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 Part other than sections 4, 7 and 8 of this Constitution.
3. In relation to any person who is a member of a disciplined force of a country other than Belize that is lawfully present in Belize, nothing contained 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 Part.

23. Persons who become citizens on Independence Day

1. Every person born in Belize, immediately before Independence Day, shall become a citizen of Belize on Independence Day.[FN: 14 of 1985.]
2. Every person who, immediately before Independence Day, is a citizen of the United Kingdom and Colonies-
   1. having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalised in Belize as a British subject before that Act came into force; or[FN: 1948. c. 56 (U.K.)]
   2. having while resident in Belize become such a citizen by virtue of his having been naturalised or registered under that Act,

   shall become a citizen of Belize on Independence Day.

3. Every person born outside Belize, before Independence Day, shall become a citizen of Belize on Independence Day if his father or mother becomes, or would but for his death or the renunciation of his citizenship have become, a citizen of Belize by virtue of subsection (1) or (2) of this section.
4. Every person born outside Belize before Independence Day shall become a citizen of Belize on Independence Day if one of his grandparents becomes, or would but for his death or renunciation of his citizenship have become, a citizen of Belize by virtue of subsection (1) or (2) of this section.
5. Every woman shall become a citizen of Belize on Independence Day if immediately before Independence Day, she is married to a person who becomes or, but for his death or the renunciation of his citizenship, would have become a citizen of Belize by virtue of subsection (1), (2), (3) or (4) of this section.[FN: 1948. c. 56 (U.K.)]
6. In this section, "the British Nationality Act 1948" includes any Act of the Parliament of the United Kingdom amending that Act.

24. Persons born in Belize on or after Independence Day

25. Persons born outside Belize on or after Independence Day

26. Registration

1. The following persons may, upon making application at any time after Independence Day, be registered as citizens of Belize-[FN: 14 of 1985.]
   1. any person who is married to a citizen of Belize;
   2. any person who has been resident continuously in Belize for a period of five years immediately before the date of his application.
2. The National Assembly shall prescribe by law the procedure for making and determining applications, and the conditions to be fulfilled by persons making applications, for registration under this section.
3. A person registered as a citizen of Belize under this section shall become a citizen of Belize on the date on which he is so registered.

27. Dual nationality

28. Citizenship legislation

1. The National Assembly may make provision, not inconsistent with this Part, in respect of citizenship, including provision for-[FN: 39 of 2001.]
   1. the acquisition of citizenship of Belize by persons who are not eligible or who are no longer eligible to become citizens of Belize under this Part;
   2. Conditions for revoking citizenship
      revoking the citizenship of any person referred to in section 26 (1) of this Constitution;[FN: 39 of 2001.]
   3. Right to renounce citizenship
      the renunciation by any person of his citizenship of Belize.
2. Paragraph (a) of subsection (1) of this section shall not be construed as allowing the National Assembly to make legislation for the acquisition of citizenship of Belize by any person who makes a substantial contribution to the economy and/or well-being of Belize or who has rendered distinguished service to Belize.[FN: 39 of 2001.]

29. Interpretation

1. For the purposes of this Part, subject to sections 24 and 25, a person born aboard a ship or aircraft registered in Belize, or aboard an unregistered ship or aircraft of the Government of Belize, shall not be deemed to have been born in Belize.[FN: 39 of 2001.]
2. Any reference in this Part 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 his 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 Independence Day and the birth occurred on or after Independence Day the national status that the father would have had if he had died on Independence Day shall be deemed to be his national status at the time of his death.
3. No person shall be entitled under the provisions of this Part to be a citizen of Belize or be granted citizenship of Belize if such person shows any allegiance to or is a citizen of a country which does not recognise the independence, sovereignty or territorial integrity of Belize:[FN: 14 of 1985.]

   Provided that the Minister may in his discretion grant Belizean citizenship to persons falling under this subsection who would otherwise be entitled to such citizenship under the provisions of sections 23 and 25 of this Constitution.

4. Where a person born outside Belize is entitled to be a citizen of Belize under the provisions of this Part, the right to Belizean citizenship shall not be deemed to accrue upon the conditions giving rise to such entitlement arising but the citizenship shall be sought for by the person entitled to or on his behalf and obtained by the grant by the Minister of proper certification affirming his citizenship.
5. Where a person claiming citizenship by birth, descent or registration makes an application or request for the grant of citizenship the stay of such person in Belize shall not be considered illegal under the provisions of any law for so long and only for so long as such stay is necessary for the disposal of his application. His right of abode, or that of his wife or dependents if any under the age of eighteen years, shall not be affected pending the disposal of his application.

30. Establishment of office

31. Acting Governor-General

1. Head of state replacement
   During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Belize 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 such person as aforesaid shall not continue to perform the functions of the office of Governor-General if the holder of the office of Governor-General or some other person having a prior right to perform the functions of that office 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 Belize or as unable to perform the functions of his office-
   1. by reason that he is in passage from one part of Belize to another; or
   2. at any time when there is a subsisting appointment of a deputy under section 33 of this Constitution.

32. Oath to be taken by Governor-General

33. Deputy to Governor-General

1. Whenever the Governor-General-
   1. has occasion to be absent from the seat of government but not from Belize;
   2. has occasion to be absent from Belize for a period which he considers, acting in his own deliberate judgment, will be of short duration; or
   3. is suffering from an illness which he considers, acting in his own deliberate judgment, will be of short duration,

   he may, acting in accordance with the advice of the Prime Minister, appoint any person in Belize to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in the instrument by which he is appointed.

2. The power and authority of the Governor-General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and, subject to the provisions of this Constitution, 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.

3. A person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General, acting in accordance with the advice of the Prime Minister.

34. Exercise of Governor-General's functions

1. In the exercise of his functions 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 or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet or in his own deliberate judgment.
2. Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Belize and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.
3. Where by this Constitution the Governor-General is required to perform any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
4. Where by this Constitution the Governor-General is required to perform any function in accordance with the advice of, or after consultation with, any person or authority, the question whether the Governor-General has so exercised that function shall not be enquired into by any court of law.

35. Governor-General to be informed concerning matters of government

36. Executive authority

1. Name/structure of executive(s)
   The executive authority of Belize is vested in Her Majesty.
2. Name/structure of executive(s)
   Subject to the provisions of this Constitution, the executive authority of Belize 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 National Assembly from conferring functions on persons or authorities other than the Governor-General.

37. Prime Minister

1. Name/structure of executive(s), Head of government selection
   There shall be a Prime Minister of Belize who shall be appointed by the Governor-General.
2. Head of government's role in the legislature
   Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who is the leader of the political party which commands the support of the majority of the members of that House; and if no political party has an overall majority, he shall appoint a member of that House who appears to him likely to command the support of the majority of the members of that House.
3. If occasion arises for making an appointment to the office of Prime Minister while the National Assembly is dissolved, then, notwithstanding the provisions of subsection (2) of this section, a person who was a member of the House of Representatives immediately before the dissolution may be appointed as Prime Minister.
4. Head of government removal
   The Governor-General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House of Representatives and the Prime Minister does not within seven days either resign from his office or advise the Governor-General to dissolve the National Assembly.
5. The office of Prime Minister shall also become vacant-
   1. if the holder of the office ceases to be a member of the House of Representatives otherwise than by reason of the dissolution of the National Assembly;
   2. if, by virtue of section 59(3) of this Constitution, he is required to cease to perform his functions as a member of the House; or
   3. if he is informed by the Governor-General that the Governor-General is, in accordance with subsection (2) or (3) of this section, about to reappoint him as Prime Minister or to appoint another person as Prime Minister.
6. In exercise of the powers conferred on him by this section, the Governor-General shall act in his own deliberate judgment.

38. Deputy Prime Minister

39. Performance of functions of Prime Minister during absence or illness

1. Whenever the Prime Minister is absent from Belize or is by reason of illness unable to perform the functions conferred on him in accordance with this Constitution, those functions (other than the functions conferred by this section) shall be performed-
   1. by the Deputy Prime Minister; or
   2. in the absence of the Deputy Prime Minister or if he too is likewise unable to perform those functions, by such other Minister as the Governor-General may authorise for that purpose.
2. The Deputy Prime Minister shall cease to perform the functions of the Prime Minister when he is informed by the Governor-General that the Prime Minister is about to resume those functions.
3. A Minister authorised to perform the functions of the Prime Minister under subsection (1) (b) of this section shall cease to perform those functions when he is informed by the Governor-General that the Deputy Prime Minister is about to assume, or that the Prime Minister is about to resume, those functions.
4. 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 the absence or illness of the Prime Minister he may exercise those powers-

   1. in accordance with the advice of the Deputy Prime Minister; or
   2. if he likewise considers it impracticable to obtain the advice of the Deputy Prime Minister, in his own deliberate judgment.

40. Ministers of Government

1. There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government as may be established by the National Assembly or, subject to the provisions of any law enacted by the National Assembly, by the Governor-General, acting in accordance with the advice of the Prime Minister.
2. Eligibility for cabinet, Cabinet selection
   Appointments to the office of Minister shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among members of the House of Representatives and of the Senate:

   Provided that persons holding the office of Speaker of the House of Representatives or President of the Senate may not be appointed to the office of Minister:

   Provided further that the Cabinet shall be comprised of-[FN: 39 of 2001.]

   1. not more than two-thirds of the elected Members of the party that obtains the majority seats in the House of Representatives following the holding of a general election; and
   2. not more than four Senators.
3. If occasion arises for making an appointment to the office of Minister while the National Assembly is dissolved, then, notwithstanding the provisions of subsection (2) of this section, a person who was a member of the House of Representatives or of the Senate immediately before the dissolution may be appointed as Minister.
4. Cabinet removal
   The office of any Minister shall become vacant-
   1. if the holder of the office ceases to be a member of the House of Representatives or of the Senate otherwise than by reason of the dissolution of the National Assembly;
   2. if, by virtue of section 59 (3) or 64 (3) of this Constitution, he is required to cease to perform his functions as a member of the House of Representatives or of the Senate;
   3. if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
   4. if the Prime Minister resigns from office within seven days after a resolution of no confidence in the Government has been passed by the House of Representatives or is removed from office under section 37 (4) of this Constitution; or (e) on the appointment of any person to the office of Prime Minister.
5. In this section, "Minister" means a Minister of the Government other than the Prime Minister.

41. Allocation of portfolios to Ministers

1. The Governor-General, acting in accordance with the advice of 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 Government:

   Provided that responsibility for finance shall be assigned to a Minister who is a member of the House of Representatives.

2. Where a Minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department of government.

42. Attorney-General

1. The Attorney-General shall be the principal legal adviser to the Government.
2. The office of Attorney-General shall be the office of a Minister, with responsibility for the administration of legal affairs in Belize.
3. No person shall be qualified to hold the office of Attorney-General unless he is a person who has for at least five years been entitled to practise as an advocate in a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland or a court having jurisdiction in appeals from any such court.
4. If a person holding the office of Attorney-General is for any reason unable to perform the functions conferred on him by or under any law, those functions may be performed by such other person, being a person qualified as aforesaid (whether or not that person is a member of either House of the National Assembly), as the Governor-General, acting in accordance with the advice of the Prime Minister, may direct.
5. Legal proceedings for or against the State shall be taken, in the case of civil proceedings, in the name of the Attorney-General and, in the case of criminal proceedings, in the name of the Crown.

43. Performance of functions of Ministers during absence or illness

1. Whenever a Minister other than the Prime Minister is absent from Belize or is within Belize but by leave of the Governor-General is not performing the functions of his office or by reason of illness is unable to perform those functions, the Governor-General may authorize some other Minister to perform those functions or may appoint a member of the House of Representatives or of the Senate to be a temporary Minister in order to perform those functions; and that Minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the Governor-General or he vacates office as a Minister under section 40(4) of this Constitution.
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 powers in accordance with the advice of the Deputy Prime Minister.

44. Cabinet

1. There shall be a Cabinet of Ministers for Belize which shall consist of the Prime Minister and the other Ministers:[FN: 26 of 1988.]

   Provided that a Minister of State appointed under section 45 shall not be a member of Cabinet but may attend Cabinet meetings upon the invitation of the Prime Minister.[FN: 2 of 2001.]

2. Cabinet removal, Powers of cabinet
   The Cabinet shall be the principal executive instrument of policy with general direction and control of the Government and 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.
3. The provisions of subsection (2) of this section shall not apply in relation to-
   1. the appointment and removal from office of Ministers and Ministers of State, the assignment of responsibility to any Minister under section 41 of this Constitution, or the authorisation of another Minister to perform the functions of the Prime Minister during absence or illness; or
   2. the dissolution of the National Assembly.
4. Whenever practicable the Prime Minister shall attend and preside at all Cabinet meetings; at a meeting of the Cabinet from which the Prime Minister is absent, any other Minister appointed by him for the purpose shall preside.

45. Ministers of State

1. Eligibility for cabinet
   The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Ministers of State from among the members of the House of Representatives or of the Senate to assist Ministers in the performance of their duties.[FN: 26 of 1988.]
2. The office of a Minister of State shall become vacant-[FN: 26 of 1988.]
   1. if the holder of the office ceases to be a member of the House of Representatives or of the Senate otherwise than by reason of the dissolution of the National Assembly;
   2. if, by virtue of section 59(3) or 64(3) of this Constitution, he is required to cease to perform his functions as a member of the House of Representatives or of the Senate;
   3. Cabinet removal
      if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
   4. if the Prime Minister resigns from office within seven days after a resolution of no confidence in the Government has been passed by the House of Representatives or is removed from office under section 37(4) of this Constitution; or
   5. on the appointment of any person to the office of Prime Minister.

46. Oath to be taken by Minister, etc

47. Leader of the Opposition

1. There shall (except at times when there are no members of the House of Representatives who do not support the Government) be a Leader of the Opposition who shall be appointed by the Governor-General.
2. Whenever there is occasion for the appointment of a Leader of the Opposition the Governor-General shall appoint the member of the House of Representatives who appears to him most likely to command the support of a majority of the members of the House who do not support the Government; or, if no member of the House appears to him to command such support, the member of the House who appears to him to command the support of the largest single group of members of the House who do not support the Government.
3. If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of the National Assembly and the day on which the ensuing election of members of the House of Representatives is held, an appointment may be made as if the National Assembly had not been dissolved.
4. The office of Leader of the Opposition shall become vacant-
   1. if the holder of the office ceases to be a member of the House of Representatives otherwise than by reason of a dissolution of the National Assembly;
   2. if by virtue of section 59(3) of this Constitution, he is required to cease to perform his functions as a member of the House; or
   3. if he is removed from office by the Governor-General under the provisions of subsection (5) of this section.
5. If it appears to the Governor-General that the Leader of the Opposition is no longer able to command the support of a majority of the members of the House of Representatives who do not support the Government or (if no member of the House appears to him to be able to command such support) the support of the largest single group of members of the House who do not support the Government, he shall remove the Leader of the Opposition from office.
6. Subject to the provisions of section 61(3)(b) of this Constitution, during any period in which there is a vacancy in the office of Leader of the Opposition, the provisions of this Constitution containing the requirement that action shall be taken in accordance with the advice of, or after consultation with, or with the concurrence of, the Leader of the Opposition shall have effect as if there were no such requirement.
7. The powers of the Governor-General under this section shall be exercised by him in his own deliberate judgment.

48. Chief Executive Officers

49. Secretary to the Cabinet

1. There shall be a Secretary to the Cabinet whose office shall be a public office.
2. The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may direct.

50. Control of public prosecution

1. There shall be a Director of Public Prosecutions whose office shall be a public office.
2. The Director of Public Prosecutions shall have power with good and sufficient reason-[FN: 2 of 2001.]
   1. to institute, and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person;
   2. to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
   3. to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
3. The powers of the Director of Public Prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
4. The powers conferred on the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any other person or authority:

   Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

5. For the purposes of this section, any appeal from a judgment in criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including Her Majesty in Council) shall be deemed to be part of those proceedings:

   Provided that the power conferred on the Director of Public Prosecutions by subsection (2)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

6. Subject to the powers of the Attorney-General under section 42(2) of this Constitution, in the exercise of the powers vested in him by subsection (2) of this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.

51. Constitution of offices, etc

52. Prerogative of mercy

1. The Governor-General may-
   1. grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;
   2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
   3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
   4. remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence.
2. The powers of the Governor-General under subsection (1) of this section shall be exercised by him in accordance with the advice of the Belize Advisory Council.

53. Procedure in capital cases

54. Belize Advisory Council

1. There shall be a Belize Advisory Council (hereinafter referred to as "the Council") which shall consist of the members specified in subsection (2).[FN: 39 of 2001.]
2. The Council shall consist of:-[FN: 39 of 2001.]
   1. two senior members, who shall be persons of integrity and high national standing, appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and
   2. two senior members, who shall be persons of integrity and high national standing, appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and
   3. three other members, who shall be persons of integrity and high national standing, appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.
3. Subject to the proviso to this subsection, a senior member of the Council shall hold office until he reaches the age of seventy-five years, unless he earlier resigns his office by writing under his own hand addressed to the Governor-General, or if by a resolution of the House of Representatives supported by two-thirds of the members of that House he is declared unable to discharge the functions of his office by reason of persistent absence or infirmity of body or mind, or to be in breach of the provisions of section 121 of this Constitution:[FN: 39 of 2001.]

   Provided that:-

   1. a senior member who has attained the age of seventy-five years may be appointed to continue in office until he attains any later age as may be specified in his instrument of appointment;
   2. any person of integrity and high national standing who at the commencement of this section is at least seventy-five years of age may be appointed a senior member and may continue in office until he attains any later age as may be specified in his instrument of appointment.
4. A member of the Council referred to in subsection (2)(c) of this section shall hold office for three years from the date of his appointment, unless he earlier resigns his office by writing under his own hand addressed to the Governor-General, or if by resolution of the House of Representatives supported by two-thirds of the members of that House he is declared unable to discharge the functions of his office by reason of persistent absence or infirmity of body or mind, or to be in breach of the provisions of section 121 of this Constitution.[FN: 39 of 2001.]
5. No person shall be appointed a member or senior member of the Council unless he is a citizen of Belize, except that a member of the Council who holds or has held office as a judge of a superior court of record need not be a citizen of Belize if he is a citizen of a Commonwealth country.[FN: 39 of 2001.]
6. The Governor-General shall in each year appoint a different senior member of the Council to be Chairman of the Council, and in making such appointment the Governor-General shall ensure that in any period of four years, no senior member shall be Chairman twice.[FN: 39 of 2001.]
7. A member of the Council, including a senior member, shall not enter upon the duties of his office unless he has taken and subscribed the oath or affirmation of allegiance and office set out in Schedule 3 of this Constitution.[FN: 39 of 2001.; Schedule 3.]
8. The functions of the Council shall be:-[FN: 39 of 2001.]
   1. to advise the Governor-General in the exercise of his powers under section 52 of this Constitution;
   2. to perform such other tasks and duties as are conferred or imposed on it by this Constitution or any other law.
9. In the exercise of its functions, the Council shall not be subject to the direction or control of any other person or authority.[FN: 39 of 2001.]
10. The Chairman or in his absence, a senior member appointed for that purpose by the Governor-General, shall convene all meetings of the Council for consideration of matters which in accordance with this Constitution or any other law the Council is called upon to consider.[FN: 39 of 2001.]
11. The Chairman or in his absence, the senior member appointed for that purpose by the Governor-General under subsection (10), shall preside at all meetings of the Council.[FN: 39 of 2001.]
12. Notwithstanding subsections (10) and (11), in any case where the Council is convened to discharge its duties under section 88, 98, 102, 105, 108 or 109 of this Constitution, or where the Council is convened to hear an appeal from an officer to whom section 106, 107, 110D or 110F of this Constitution applies, the Chairman shall preside at that meeting.[FN: 39 of 2001.]
13. Where the Council is convened to remove the Chairman, some other person who holds or has held office as a Judge of a superior court of record shall be appointed by the Governor-General on the advice of the Prime Minister given after consultation with the Leader of the Opposition to act as Chairman for that purpose.[FN: 39 of 2001.]
14. At all meetings of the Council:-[FN: 39 of 2001.]
    1. the quorum shall be five members;
    2. decisions shall be by a majority of the votes of those members of the Council present and voting; and
    3. in the event that votes are equally divided on any matter, the Chairman or senior member presiding shall have a second vote in addition to his original vote.
15. The Council may make regulations for regulating and facilitating the performance of its function under this Constitution or any other law.[FN: 39 of 2001.]
16. Subject to the provisions of this section, the Council may regulate its own procedure.[FN: 39 of 2001.]
17. The Council may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.[FN: 39 of 2001.]
18. The question whether or not the Council has validly performed any functions conferred or imposed on it by this Constitution or any other law shall not be enquired into in any court of law.[FN: 39 of 2001.]
19. Within four months after the end of each year, the Council shall prepare and submit to the Prime Minister, a report dealing generally with its proceedings and activities in the preceding year, and the Prime Minister shall, within three months of receiving the report, cause a copy of the report to be tabled in the National Assembly.[FN: 39 of 2001.]
20. The Council which was in existence prior to the 15th day of January, 2002:-[FN: 39 of 2001.; S.I. No. 1 of 2002.]
    1. shall stand dissolved by the 31st December, 2001;
    2. may be allowed by the Governor-General, acting on the advice of the Prime Minister, notwithstanding paragraph (a) of this subsection, to continue in office after 31st December, 2001, only for the purpose of enabling it to discharge its duties or perform its function in relation to matters that were pending or proceedings that were commenced before it, prior to the 15th day of January, 2002.[FN: 39 of 2001.; S.I. No. 1 of 2002.]

55. Establishment of Legislature

The House of Representatives

The Senate

Powers and Procedure

94. Establishment of Supreme Court and Court of Appeal

95. The Supreme Court

1. Structure of the courts
   The Supreme Court shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this Constitution or any other law:

   Provided that the Supreme Court shall not have jurisdiction to hear and determine any application made by a person sentenced to death under any law after the expiration of one year from the passing of the sentence.

2. Number of supreme court judges
   The justices of the Supreme Court shall be the Chief Justice and such number of other justices as may from time to time be prescribed by the National Assembly:

   Provided that the office of a justice shall not be abolished while there is a substantive holder thereof.

3. The Supreme Court shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court.[FN: 2 of 2001.]
4. The Supreme Court shall sit in such places as the Chief Justice may appoint.

96. Reference of constitutional questions to Supreme Court

1. Constitutional interpretation
   Subject to the provisions of sections 33(2), 34(4), 54(15), 69(6), 80(4) and 123(3) of this Constitution, where any question as to the interpretation of this Constitution arises in any court of law established for Belize (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.
2. Right to appeal judicial decisions
   Where any question is referred to the Supreme Court in pursuance of this section, the Supreme 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 the decision is the subject of an appeal to the Court of Appeal or Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, Her Majesty in Council.

97. Appointment of Justices of Supreme Court

1. Eligibility for supreme court judges, Supreme court selection
   The Chief Justice shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.[FN: 2 of 2001.]
2. Supreme court selection
   Justices of the Supreme Court other than the Chief Justice shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.
3. Eligibility for supreme court judges
   A person shall not be qualified to be appointed as a justice of the Supreme Court unless-
   1. he is qualified to practise as an attorney-at-law in a court in Belize or as an advocate in a court in any other part of the Commonwealth having unlimited jurisdiction either in civil or criminal causes or matters; and
   2. he has been qualified for not less than five years so to practise in such a court.
4. If the office of Chief Justice is vacant or the Chief Justice is for any reason including his absence from Belize unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the justice other than the Chief Justice, or if there be more than one then by such one of the justices as may for the time being be designated in that behalf by the Governor-General, acting in the manner prescribed in subsection (1) of this section.
5. If the office of any justice other than the Chief Justice is vacant or if any such justice is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office or if the Chief Justice advises the Governor-General that the state of business in the Supreme Court so requires, the Governor-General, acting in the manner prescribed in subsection (2) of this section, may appoint a person who is qualified to be appointed as a justice of the Supreme Court to act as a justice of that court:

   Provided that a person may act as a justice notwithstanding that he has attained the age of sixty-five years.

6. Any person appointed under subsection (5) of this section to act as a justice shall, subject to the provisions of subsections (4) and (6) of section 98 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General:

   Provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a justice for so long as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

98. Tenure of office of Justices of Supreme Court

1. Supreme/ordinary court judge removal, Mandatory retirement age for judges
   Subject to the following provisions of this section, a justice of the Supreme Court shall hold office until he attains the age of sixty-five years:

   Provided that-[FN: 2 of 2001.]

   1. he may at any time resign his office; and
   2. the Governor-General-
      1. in the case of the Chief Justice, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition; and
      2. in the case of a Justice of the Supreme Court other than the Chief Justice, acting in accordance with the advice of the Judicial and Legal Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition,

      may appoint a person over the age of sixty-five years as Chief Justice of the Supreme Court, or may permit a Justice who attains the age of sixty-five years to continue in office, until, in either case, such person has attained any later age not exceeding seventy-five years.[FN: 26 of 1988.; 2 of 2001.]

2. Notwithstanding that he has attained the age at which he is required by or under this section to vacate his office, a person holding the office of a justice of the Supreme Court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
3. A justice of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
4. A justice of the Supreme Court may be removed from office if the question of his removal from office for inability to perform the functions of his office or for misbehavior has been referred to the Judicial and Legal Services Commission in writing and the Judicial and Legal Services Commission, after considering the matter, recommends in writing to the Belize Advisory Council that the question of removal ought to be investigated.[FN: 2 of 2001.]
5. For the purpose of investigating the question of the removal of a Justice of the Supreme Court referred to it under subsection (4), the Belize Advisory Council shall:-
   1. sit as a tribunal in the manner provided in section 54 of this Constitution; and
   2. enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Justice of the Supreme Court should be removed from office in accordance with this section.
6. If the question of removing a justice of the Supreme Court from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the justice from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the justice should not be removed from office.[FN: 39 of 2001.]
7. If the Belize Advisory Council advises the Governor-General that the Justice of the Supreme Court ought to be or not to be removed from office, the Governor-General shall not notify the Justice in writing accordingly.[FN: 39 of 2001.]
8. The power to remove a Justice of the Supreme Court from office for inability to perform the functions of his office or for misbehaviour vest in the Governor-General, acting in accordance with this section.

99. Oath to be taken by Justices of Supreme Court

100. Appeals to Courts of Appeal

1. The Court of Appeal shall have such jurisdiction and powers to hear and determine appeals in civil and criminal matters as may be conferred on it by this Constitution or any other law.
2. The Judges of the Court of Appeal (hereinafter referred to as "Justices of Appeal") shall be a President and such number of other Justices as may be prescribed by the National Assembly:[FN: 39 of 2001.]

   Provided that the office of Justice of Appeal shall not be abolished while there is a substantive holder of that office.[FN: 39 of 2001.]

3. The Court of Appeal shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court.
4. The Court of Appeal shall sit in such places as the President may appoint.

101. Appointment of Justices of Appeal

1. Ordinary court selection
   The Justices of Appeal shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, for such period as may be specified in the instrument of appointment.
2. Eligibility for ordinary court judges
   A person shall not be qualified to be appointed as a Justice of Appeal unless either-
   1. he holds or has held office as judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or
   2. he is qualified to practise as an attorney-at-law in a court in Belize or as an advocate in a court in any other part of the Commonwealth having unlimited jurisdiction in either civil or criminal causes or matters and has been so qualified for not less than fifteen years.
3. Any power exercisable by a single Justice of Appeal may, at any time when there is no such Justice present in Belize and able to perform the functions of his office, be exercised by a justice of the Supreme Court as if that justice were a Justice of Appeal.
4. If the office of the President is vacant or he is for any reason unable to perform the functions of his office, then until some other person has been appointed to or has been appointed to act in, and has assumed the functions of that office, or until the President has resumed those functions, as the case may be, those functions shall be performed by such one of the other Justices of Appeal as the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, may appoint for that purpose.
5. If the office of a Justice of Appeal other than the President is vacant, or if any such Justice is appointed to act as the President, or is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, may appoint a person possessing such legal qualifications and experience as he, after consultation with the President, may deem appropriate to be temporarily a Justice of Appeal.
6. Any person appointed under subsection (5) of this section to be temporarily a Justice of Appeal shall hold office until his appointment is revoked by the Governor-General.

102. Tenure of office of Justices of Appeal

1. Subject to the following provisions of this section, the office of a Justice of Appeal shall become vacant upon the expiration of the period of his appointment to that office or if he resigns his office.
2. A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
3. A Justice of the Court of Appeal may be removed from office if the question of his removal from office for inability to perform the functions of his office or for misbehaviour has been referred to the Judicial and Legal Services Commission in writing and the Judicial and Legal Services Commission, after considering the matter, recommends in writing to the Belize Advisory Council that the question of removal ought to be investigated.
4. For the purpose of investigating the question of the removal of a Justice of the Court of Appeal referred to it under subsection (3), the Belize Advisory Council shall:-
   1. sit as a tribunal in the manner provided in section 54 of this Constitution; and
   2. enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Justice of the Court of Appeal should be removed from office in accordance with this section.
5. If the question of removing a Justice of Appeal from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the Justice from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the Justice should not be removed from office.[FN: 39 of 2001.]
6. If the Belize Advisory Council advises the Governor-General that the justice of the Court of Appeal ought to be or not to be removed from office, the Governor-General shall notify the Justice in writing accordingly.[FN: 39 of 2001.]
7. The power to remove a Justice of the Court of Appeal from office for inability to perform the functions of his office or for misbehaviour vest in the Governor-General, acting in accordance with this section.

103. Oath to be taken by Justices of Appeal

104. Appeals to Her Majesty in Council

1. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-
   1. Constitutional interpretation
      final decisions in any civil, criminal, or other proceedings which involve a question as to the interpretation of this Constitution; and
   2. such other cases as may be prescribed by the National Assembly.
2. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases-[FN: 39 of 2001.]
   1. decisions in any civil proceedings where in the opinion of the Court of Appeal the question involved in the appeal is one which by reason of its general or public importance or otherwise ought to be submitted to Her Majesty in Council; and[FN: 39 of 2001.]
   2. such other cases as may be prescribed by the National Assembly.
3. An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court of Appeal in any civil, criminal or other matter.

SUB-PART I. The Public Services Commission

1. Repealed.
2. Repealed.

SUB-PART II. The Security Services Commission[FN: 26 of 1988

SUB-PART III. The Judicial and Legal Services Commission[FN: 2 of 2001

SUB-PART IV. Appeals in Discipline Cases[FN: 2 of 2001

SUB-PART V. Pension Laws and Pension Rights of Public Officers

114. Establishment of Consolidated Revenue Fund

1. All revenues or other moneys raised or received by Belize (not being revenues or other moneys payable under this Constitution or any other law into some other public fund established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund.
2. Spending bills
   No moneys shall be withdrawn from the Consolidated Revenue Fund except to meet expenditure that is charged upon the Fund by this Constitution or any other law enacted by the National Assembly or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 116 of this Constitution.
3. No moneys shall be withdrawn from any public fund other than the Consolidated Revenue Fund unless the issue of those moneys has been authorised by a law enacted by the National Assembly.[FN: 26 of 1988.]
4. No moneys shall be withdrawn from the Consolidated Revenue Fund or any other public fund except in the manner prescribed by law.

115. Authorisation of expenditure from Consolidated Revenue Fund

1. The Minister responsible for finance shall prepare and lay before the House of Representatives in each financial year estimates of the revenues and expenditures of Belize for the next following financial year.[FN: 2 of 2001.]
2. The heads of expenditure contained in the estimates (other than expenditure charged upon the Consolidated Revenue Fund by this Constitution or any other law) shall be included in a Bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.[FN: 2 of 2001.]
3. If in respect of any financial year it is found-[FN: 2 of 2001.]
   1. that the amount appropriated by the appropriation law for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that law; or
   2. that any moneys have been expended for any purpose in excess of the amount appropriated for the purpose by the appropriation law or for a purpose for which no amount has been appropriated by that law,

   a supplementary estimate showing the sums required or spent shall be laid before the House of Representatives and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.

116. Authorisation of expenditure in advance of appropriation

117. Contingencies Fund

1. Any law enacted by the National Assembly may provide for the establishment of a Contingencies Fund and for authorising the Minister responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need.
2. Where any advance is made in accordance with subsection (1) of this section, a supplementary estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.

118. Remuneration of certain officers

1. There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by the National Assembly.
2. The salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the Consolidated Revenue Fund.
3. Protection of judges' salaries
   The salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment.
4. When a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted.
5. This section applies to the offices of the Governor-General, the Chief Justice, Justice of the Court of Appeal, Justice of the Supreme Court, member of the Belize Advisory Council, member of the Judicial and Legal Services Commission or the Security Services Commission or the Public Services Commission, member of the Elections and Boundaries Commission, the Director of Public Prosecutions and the Auditor-General.
6. Nothing in this section shall be construed as prejudicing the provisions of section 112 of this Constitution.

119. Public debt

1. There shall be charged on the Consolidated Revenue Fund all debt charges for which Belize is liable.
2. For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the Consolidated Revenue Fund and the service and redemption of debt created thereby.

120. Audit of public accounts, etc

1. There shall be an Auditor-General whose office shall be a public office.
2. The Auditor-General shall-
   1. satisfy himself that all moneys that have been appropriated by the National Assembly and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and
   2. at least once in every year audit and report on the public accounts of Belize, the accounts of all officers and authorities of the Government, the accounts of all courts of law in Belize, the accounts of the Belize Advisory Council and every Commission established by this Constitution and the accounts of the Clerk to the National Assembly.
3. The Auditor-General and any officer authorised by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsection (2) of this section.
4. The Auditor-General shall submit every report made by him in pursuance of subsection (2) of this section to the Minister responsible for finance who shall, not later than seven days after the House of Representatives first meets after he has received the report, lay it before the House.
5. If the Minister fails to lay a report before the House in accordance with the provisions of subsection (4) of this section the Auditor-General shall transmit copies of that report to the Speaker who shall, as soon as practicable, present them to the House.[FN: 2 of 2001.]
6. The Auditor-General shall exercise such other functions in relation to the accounts of the Government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by the National Assembly.
7. In the exercise of his functions under subsections (2), (3), (4) and (5) of this section, the Auditor-General shall not be subject to the direction or control of any other person or authority.

121. Code of Conduct

1. The persons to whom this section applies shall conduct themselves in such a way as not-
   1. to place themselves in positions in which they have or could have a conflict of interest;
   2. to compromise the fair exercise of their public or official functions and duties;
   3. to use their office for private gain;
   4. to demean their office or position;
   5. to allow their integrity to be called into question; or
   6. to endanger or diminish respect for, or confidence in, the integrity of the Government.
2. This section applies to the Governor-General, members of the National Assembly, members of the Belize Advisory Council, members of the Judicial and Legal Services Commission, the Security Services Commission or the Public Services Commission, members of the Elections and Boundaries Commission, public officers of statutory corporations and government agencies, and such other officers as may be prescribed by law enacted by the National Assembly.

122. National Symbols

123. Powers of appointment and acting appointments

1. Any reference in this Constitution to power to make appointments to any public office shall be construed as including a reference to the power to make appointments on promotion and transfer to that office and to the power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office.
2. In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting in or performing the functions of that office.
3. Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court of law on the ground that the holder of the office is not unable to perform the functions of the office.
4. Where by this Constitution the Governor-General is required to appoint a person to act in, or otherwise to perform the functions of, an office established by this Constitution or a public office, either acting in his own deliberate judgment or on the advice of any person, such power of appointment shall not be exercised after the National Assembly has been dissolved in accordance with section 84 of this Constitution prior to a general election of members of the House of Representatives.

124. Reappointments and concurrent appointments

1. Where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
2. Whenever the holder of any office constituted by or under this Constitution, or any public office otherwise constituted, is on leave of absence pending relinquishment of his office-
   1. another person may be appointed to that office; and[FN: 2 of 2001.]
   2. that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office.

125. Removal from office

1. References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed:

   Provided that nothing in this subsection shall be construed as conferring on any person or authority power to require any Justice of the Supreme Court or Justice of Appeal, the Director of Public Prosecutions, or the Auditor-General to retire from the public service.

2. Any provision of this Constitution that vests in any person or authority power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.

126. Resignations

1. A Senator or a member of the House of Representatives may resign his seat by writing under his hand addressed to the President or the Speaker, as the case may be, and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by-
   1. the President or Speaker;
   2. if the office of President or Speaker is vacant or the President or Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Vice-President or Deputy Speaker; or[FN: 39 of 2001.]
   3. if the office of Vice-President or Deputy Speaker is vacant or the Vice-President or Deputy Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Clerk to the National Assembly.
2. The President or the Vice-President or the Speaker or the Deputy Speaker may resign his office by writing under his hand addressed to the Senate or the House, as the case may be, and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk to the National Assembly.
3. Any person who has been appointed to an office established by this Constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of Minister established under this Constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacant-
   1. at such time or on such date (if any) as may be specified in the writing; or
   2. when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to receive it, whichever is the later:

   Provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal.

127. Saving of jurisdiction of courts

128. Power to amend and revoke instruments, etc

129. Consultation

1. Where any person or authority is directed by this Constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority.
2. Where any person or authority is directed by this Constitution or any other law to consult any other person or authority before taking any decision or action, that other person or authority must be given a genuine opportunity to present his or its views before the decision or action, as the case may be, is taken.

130. National Seal

131. Interpretation

1. In this Constitution, unless the context otherwise requires-
   • "Belize" means the land and sea areas defined in Schedule 1 to this Constitution;

     "Commonwealth citizen" has such meaning as the National Assembly may prescribe;

     "Court of Appeal" means the Court of Appeal established by this Constitution;

     "Crown" means the Crown in right of Belize;

     "financial year" means the twelve months ending on 31st March in any year or on such other date as may from time to time be prescribed by any law enacted by the National Assembly;

     "the Gazette" means the Belize Government Gazette and includes any supplement thereto;

     "the Government" means the Government of Belize;

     "the House" means the House of Representatives or the Senate as the context may require;

     "the House of Representatives" means the House of Representatives established by this Constitution;

     "Independence Day" means 21st September, 1981;

     "law" means any law in force in Belize or any part thereof, including any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly;

     "Minister" means a Minister of Government;

     "the National Assembly" means the National Assembly established by this Constitution;

     "oath" includes affirmation;

     "oath of allegiance and office" means the oath prescribed in Schedule 3 to this Constitution;

     "Police Department" means the Belize Police Department;

     "President" and "Vice-President" mean the respective persons holding office as President and Vice-President of the Senate;

     "public office" means any office of emolument in the public service;

     "public officer" means a person holding or acting in any public office;

     "the public service" means, subject to the provisions of this section, the service of the Crown in a civil capacity in respect of the Government;

     "Senate" means the Senate established by this Constitution;

     "session" means, in relation to a House of the National Assembly, the sittings of that House commencing when it first meets after the prorogation or dissolution of the National Assembly at any time and terminating when the National Assembly is prorogued or is dissolved without having been prorogued;[FN: Schedule 1.]

     "sitting" means, in relation to a House of the National Assembly, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee;

     "Speaker" and "Deputy Speaker" mean the respective persons holding office as Speaker and Deputy Speaker of the House of Representatives;

     "Supreme Court" means the Supreme Court of Judicature established by this Constitution.

2. Except in sections 63(1) and 71 of this Constitution, references in this Constitution to a member or members of the House of Representatives or to a Senator or Senators do not include references to a person who, under section 56(2), is a member of the House by virtue of holding the office of Speaker, or who, under section 61(2), is a Senator by virtue of holding the office of President.
3. In this Constitution, unless the context otherwise requires, references to an office in the public service shall be construed as including references to the offices of Justice of the Supreme Court and Justice of Appeal, offices of members of the Police Department, and offices on the Governor-General's personal staff.
4. In this Constitution, unless the context otherwise requires, references to an office in the public service shall not be construed as including references to the office of Prime Minister or other Minister of State, Speaker or Deputy Speaker or member of the House of Representatives, President or Vice-President or Senator, member of the Belize Advisory Council, or member of any Commission established by this Constitution or the Clerk, Deputy Clerk or staff of the National Assembly.
5. In this Constitution or in any other Act, Ordinance, rule, regulation, order or other instrument having effect as part of the laws of Belize, a reference-
   1. to "the Police Force" or to "the Force" shall be substituted by the words "the Police Department" or "the Department", as the case may be;[FN: Schedule 3.]
   2. to "the Permanent Secretary" shall be substituted by the words "the Chief Executive Officer";[FN: 42 of 1999.]
   3. to the "Judicial and Legal Services Section of the Public Services Commission" shall be substituted by the words "the Judicial and Legal Services Commission".
6. For the purposes of this Constitution, a person shall not be regarded as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of service under the Crown.
7. Save as otherwise provided in this Constitution, the Interpretation Act 1980 as in force immediately before Independence Day shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution.

132. Interpretation of this Part

133. The Constitution-transitional powers

134. Existing laws

1. Subject to the provisions of this Part, the existing laws shall notwithstanding the revocation of the Letters Patent and the Constitution Ordinance continue in force on and after Independence Day and shall then have effect as if they had been made in pursuance of this Constitution but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
2. Where any matter that falls to be prescribed or otherwise provided for under this Constitution by the National Assembly 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) that prescription or provision shall as from Independence Day have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution) as if it had been made under this Constitution by the National Assembly or as the case may require by the other authority or person.[FN: 26 of 1988.]
3. The Governor-General may by Order published in the Gazette within twelve months after Independence Day make such amendments to any existing law (other than this Constitution) as may be necessary or expedient for bringing that law into conformity with the provisions of this Constitution or otherwise for giving effect or enabling effect to be given to those provisions.[FN: 2 of 2001.]
4. An Order made under this section may be amended or revoked by the National Assembly or in relation to any existing law affected thereby, by any other authority having power to amend, repeal or revoke that existing law.
5. The provisions of this section shall be without prejudice to any powers conferred by this Constitution 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, the expression "existing law" means any Act of the Parliament of the United Kingdom, Order of Her Majesty in Council, Ordinance, rule, regulation, order or other instrument having effect as part of the law of Belize immediately before Independence Day (including any such law made before that day and coming into operation on or after that day).[FN: CAP. 1.; 18 of 1980.]

135. First Governor-General

1. Her Majesty may before Independence Day appoint the first Governor-General from among persons who qualify by virtue of section 23 of this Constitution to become citizens of Belize on Independence Day.
2. Any such appointment shall take effect as from Independence Day, and the person so appointed shall hold office in accordance with section 30 of this Constitution.

136. Ministers

1. The person who, immediately before Independence Day, holds the office of Premier under the Letters Patent shall, as from that day, hold office as Prime Minister as if he had been appointed thereto under section 37 of this Constitution.
2. The persons who, immediately before Independence Day, hold office as Ministers (other than the Premier) under the Letters Patent shall, as from that day, hold the like offices as if they had been appointed thereto under section 40 of this Constitution.
3. Any person holding the office of Prime Minister or other Minister by virtue of subsections (1) and (2) of this section who, immediately before Independence Day, was under the Letters Patent assigned responsibility for any business or department of government shall, as from that day, be deemed to have been assigned responsibility for that business or department under section 41 of this Constitution.
4. Any person holding the office of Prime Minister or other Minister by virtue of subsections (1) and (2) of this section shall be deemed to have satisfied the requirements of section 46 of this Constitution.

137. National Assembly

1. The persons who, immediately before Independence Day, are members of the former House of Representatives shall, as from that day, be deemed to have been elected in pursuance of section 56(1) of this Constitution in the respective electoral divisions corresponding to the electoral divisions by which they were returned to the former House of Representatives, and shall hold their seats in the House of Representatives in accordance with the provisions of this Constitution.
2. The persons who, immediately before Independence Day, are members of the former Senate, having been appointed as such under paragraphs (a), (b) and (c) of section 9(2) of the Constitution Ordinance, shall, as from Independence Day, be deemed to have been appointed to the Senate in pursuance of section 61 of this Constitution, and shall hold their seats in the Senate in accordance with the provisions of this Constitution.
3. The persons deemed to be elected to the House of Representatives or to be appointed to the Senate by virtue of subsections (1) and (2) of this section shall be deemed to have satisfied the requirements of section 71 of this Constitution.
4. The persons who, immediately before Independence Day, are the Speaker and Deputy Speaker of the former House of Representatives and the President and Vice-President of the former Senate shall, as from Independence Day, be deemed to have been elected respectively as Speaker and Deputy Speaker of the House of Representatives and President and Vice-President of the Senate in accordance with the provisions of this Constitution and shall hold office in accordance with those provisions.
5. The person who, immediately before Independence Day, is the Leader of the Opposition in the former House of Representatives shall, as from that day, be deemed to have been appointed as Leader of the Opposition in pursuance of section 47 of this Constitution, and shall hold office as such in accordance with the provisions of this Constitution.
6. The Standing Orders of the former House of Representatives and of the former Senate as in force immediately before Independence Day shall, until it is otherwise provided under section 70 of this Constitution, be the Standing Orders respectively of the House of Representatives and of the Senate, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
7. Notwithstanding anything in section 84(2) of the Constitution (but subject to subsection (3) of that section), the National Assembly shall, unless sooner dissolved, stand dissolved on 30th November 1984 (that is to say, five years from the date when the two Houses of the former National Assembly first met after the last dissolution of that Assembly under the Constitution Ordinance).
8. In this section, the expressions "former National Assembly", "former House of Representatives", and "former Senate" mean respectively the National Assembly, House of Representatives, and Senate established by the Constitution Ordinance.

138. Existing public officers

139. Supreme Court and Court of Appeal

1. Subject to the provisions of this Constitution, the Supreme Court shall on and after Independence Day have all the powers which immediately before that day are vested in the former Supreme Court.
2. All proceedings that, immediately before Independence Day, are pending before the former Supreme Court may be continued and concluded on and after that day before the Supreme Court.
3. Any decision given before Independence Day by the former Supreme Court shall for the purposes of its enforcement or of any appeal therefrom have effect on and after that day as if it were a decision of the Supreme Court.
4. Any appeals from Belize that, immediately before Independence Day, are pending before the former Court of Appeal may be continued and concluded on and after that day before the Court of Appeal.
5. Any decision given before Independence Day by the former Court of Appeal shall for the purposes of its enforcement or of any appeal therefrom have effect on and after that day as if it were a decision of the Court of Appeal.
6. In this section-
   • "the former Supreme Court" means the Supreme Court established by the Constitution Ordinance;

     "the former Court of Appeal" means the Court of Appeal established by the Court of Appeal Ordinance 1967.

140. Alteration of this Part

1. The National Assembly may alter any of the provisions of this Part, other than those referred to in subsection (2) of this section, in the manner specified in section 69(4) of this Constitution.
2. The National Assembly may alter this section, subsections (1), (4) and (7) of section 137, section 138 and section 139 of this Constitution in the manner specified in subsections (3) and (5) of section 69 of this Constitution.
3. Subsections (7) and (8) of section 69 of this Constitution shall apply for the purpose of construing references in this section to any provision of this Part and to the alteration of any such provision as they apply for the purpose of construing references in section 69 of this Constitution and in Schedule 2 hereto to any provision of this Constitution and to the alteration of any such provision.

141. Commencement

142. Revocations