Saint Vincent and the Grenadines 1979

1. Fundamental rights and freedoms

2. Protection of right to life

1. No person shall 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.

3. Protection of right to personal liberty

1. No person shall 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 execution of the sentence or order of a court, whether established for Saint Vincent or some other country, in respect of a criminal offence of which he has been convicted;
   2. in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal;
   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 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. Drugs, alcohol, and illegal substances
      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, Power to deport citizens
      for the purpose of preventing the unlawful entry of that person into Saint Vincent, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Saint Vincent or for the purpose of restricting that person while he is being conveyed through Saint Vincent 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 that person to remain within a specified area within Saint Vincent, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Saint Vincent in which, in consequence of any such order, his presence would otherwise be unlawful.
2. Privileges for juveniles in criminal process, Right to counsel, Trial in native language of accused
   Any person who is arrested or detained shall with reasonable promptitude and in any case no later than twenty-four hours after such arrest or detention be informed in a language that he understands of the reasons for his arrest or detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice and, in the case of a minor, with his parents or guardian.
3. Right to speedy trial
   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 without undue delay before a court.

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, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
6. Protection from false imprisonment
   Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefore from that other person or from any other person or authority on whose behalf that other person was acting:

   Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the Crown.

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 or that he is not guilty by reason of insanity shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.

4. 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. Right to conscientious objection
      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;
   4. Emergency provisions
      any labour required during any period of public emergency or in the event of any other emergency or 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 other emergency or calamity, for the purpose of dealing with that situation.

5. Protection from inhuman treatment

6. 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 for a public purpose and except where provision is made by a law applicable to that taking of possession or acquisition for the payment, within a reasonable time, of adequate compensation.
2. Protection from expropriation
   Every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for--
   1. determining the nature and extent of that interest or right;
   2. determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition;
   3. determining what compensation he is entitled to under the law applicable to that taking of possession or acquisition;
   4. obtaining that compensation:

   Provided that if Parliament so provides in relation to any matter referred to in paragraph(a) or (c) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.

3. The Chief Justice may make rules with respect to the practice and procedure of the High Court or, subject to such provision as may have been made in that behalf by Parliament, with respect to the practice and procedure of any other tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the High Court or applications to the other tribunal or authority may be brought).
4. No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that sum of money (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Saint Vincent.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorises--
   1. the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party;
   2. the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or
   3. the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer to a country outside Saint Vincent of capital raised in Saint Vincent, or in some other country or derived from the natural resources of Saint Vincent.
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section--
   1. to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right--
      1. in satisfaction of any tax, rate or due;
      2. by way of penalty for breach of any law or forfeiture in consequence of breach of any law;
      3. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
      4. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
      5. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants;
      6. in consequence of any law with respect to the limitation of actions; or,
      7. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),

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

   2. to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say--
      1. enemy property;
      2. property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
      3. property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
      4. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
7. Nothing contained in or done under the authority of any law enacted by Parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by Parliament.
8. In this section--
   • "property" means any land or other thing capable of being owned or held in possession and includes any right relating thereto, whether under a contract, trust or law or otherwise and whether present or future, absolute or conditional;

     "acquisition", in relation to an interest in or right over property, means transferring that interest or right to another person or extinguishing or curtailing that interest or right.

7. 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 provision--
   1. that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;
   2. that is reasonably 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 a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order,

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

8. Provisions to secure protection of law

1. Right to speedy trial, Right to fair 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.
2. 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. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature 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.

3. When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
4. 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. A person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence.
7. Protection from self-incrimination, Regulation of evidence collection
   A person who is tried for a criminal offence shall not be compelled to give evidence at the trial:

   Provided that nothing in this subsection shall prevent the prosecution or the court from commenting on his failure to give evidence on his own behalf or prevent the court from drawing inferences from any such failure.

8. 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.
9. Where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority.
10. 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.
11. Nothing in subsection (10) 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.
12. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of--
    1. subsection (2)(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 (2)(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.
13. In the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs (d) and (e) of subsection (2) and 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.
14. In this section "criminal offence" means a criminal offence under a law.

9. Protection of freedom of conscience

1. Freedom of religion
   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 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 that is not his own.
3. Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education 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 that is contrary to his religion or belief.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes 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 interests of the persons who receive or may receive instruction in them,

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

6. References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

10. 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. 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--
   1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
   2. Television, Telecommunications, Radio
      that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or
   3. that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,

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

11. Protection of freedom of assembly and association

1. 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.
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--
   1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
   2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
   3. that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,

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

12. Protection of freedom of movement

1. A person shall not be deprived of his freedom of movement that is to say, the right to move freely throughout Saint Vincent, the right to reside in any part of Saint Vincent, the right to enter Saint Vincent, the right to leave Saint Vincent and immunity from expulsion from Saint Vincent.
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 provision--
   1. for the imposition of restrictions on the movement or residence within Saint Vincent of any person or on any person's right to leave Saint Vincent that are reasonably required in the interests of defence, public safety or public order;
   2. International law
      for the imposition of restrictions on the movement or residence within Saint Vincent or on the right to leave Saint Vincent 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 Saint Vincent, of securing compliance with any international obligation of the Government particulars of which have been laid before the House and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;
   3. for the imposition of restrictions, by order of a court, on the movement or residence within Saint Vincent of any person or on any person's right to leave Saint Vincent 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 Saint Vincent;
   4. for the imposition of restrictions on the freedom of movement of any person who is not a citizen;
   5. for the imposition of restrictions on the acquisition or use by any person of land or other property in Saint Vincent;
   6. for the imposition of restrictions upon the movement or residence within Saint Vincent or on the right to leave Saint Vincent of any public officer that are reasonably required for the proper performance of his functions;
   7. for the removal of a person from Saint Vincent 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 Saint Vincent that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
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 three months 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.

13. 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 persons shall be treated in a discriminatory manner by any persons acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
3. In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by 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;
   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 that is the personal law of persons of that description;
   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 in a democratic society.
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 or 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 7, 9, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by section 7(2), section 9(5), section 10(2), section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be.
8. Nothing 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.

14. Derogations from s. 3 or s. 13 under emergency powers

15. Protection of persons detained under emergency laws

1. When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution 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 and in detail of the grounds upon which he is detained and furnished with a written statement in English specifying those grounds in detail;
   2. not more than fourteen days after the commencement of his detention, a notification shall be published in the Official 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 six 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.

16. Enforcement of protective provisions

1. If any person alleges that any of the provisions of sections 2 to 15 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 that is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction--
   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 2 to 15 (inclusive) of this Constitution:

   Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

3. If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (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 High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
5. The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by Parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
6. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).

17. Declaration of emergency

1. The Governor-General may, by proclamation which shall be published in the Official Gazette, declare that a state of emergency exists for the purposes of this Chapter.
2. A proclamation under this section shall not be effective unless it contains a declaration that the Governor-General is satisfied--
   1. that a public emergency has arisen as a result of the imminence of a state of war between Saint Vincent and a foreign state;
   2. that a public emergency has arisen as a result of the occurrence of any volcanic eruption, earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or
   3. that action has been taken, or is immediately threatened by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life.
3. Every declaration of emergency shall lapse--
   1. in the case of a declaration made when the House is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and
   2. in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless it has in the meantime been approved by resolution of the House.
4. A declaration of emergency may at any time be revoked by the Governor-General by proclamation which shall be published in the Official Gazette.
5. A declaration of emergency that has been approved by resolution of the House in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as the resolution remains in force and no longer.
6. A resolution of the House passed for the purposes of this section shall remain in force for twelve months or such shorter period as may be specified therein:

   Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding twelve months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution.

7. A resolution of the House for the purposes of subsection (2) of this section and a resolution of the House extending any such resolution shall not be passed in the House unless it is supported by the votes of two-thirds of all the Representatives; and a resolution revoking any such resolution shall not be so passed unless it is supported by the votes of a majority of all the Representatives.
8. Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.

18. Interpretation and savings

1. In this Chapter, unless the context otherwise requires--
   • "contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

     "court" means any court of law having jurisdiction in Saint Vincent other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 2 and 4 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 Police Force; or
     3. a prison service;

     "legal practitioner" means a person entitled to be in or to enter Saint Vincent and entitled to practise as a barrister in Saint Vincent or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in Saint Vincent;

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

2. In this Chapter "period of public emergency" means any period during which--
   1. Her Majesty is at war; or
   2. a declaration of emergency is in force under section 17 of this Constitution.
3. In relation to any person who is a member of a disciplined force of Saint Vincent, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution.
4. In relation to any person who is a member of a disciplined force of a country other than Saint Vincent that is lawfully present in Saint Vincent, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

19. Establishment of office

20. Acting Governor-General

1. During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Saint Vincent 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 Saint Vincent or as unable to perform the functions of his office--
   1. by reason that he is in passage from one part of Saint Vincent to another; or
   2. at any time when there is a subsisting appointment of a deputy under section 22 of this Constitution.

21. Oaths

22. Deputy to Governor-General

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

PART 1. Composition of Parliament

PART 2. Legislation and procedure of Parliament

PART 3. Summoning, prorogation and dissolution

50. Executive authority

1. The executive authority of Saint Vincent is vested in Her Majesty.
2. Subject to the provisions of this Constitution, the executive authority of Saint Vincent 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 Parliament from conferring functions on persons or authorities other than the Governor-General.

51. Ministers of the Government

1. Head of government selection
   There shall be a Prime Minister of Saint Vincent who shall be appointed by the Governor-General.
2. Eligibility for head of government, Head of government's role in the legislature
   Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a Representative who appears to him likely to command the support of the majority of the Representatives.
3. Establishment of cabinet/ministers
   There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.
4. Cabinet selection, Eligibility for cabinet
   Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the members of the House:

   Provided that not more than two Ministers shall be appointed from among the Senators.

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

   Provided that not more than two persons who were Senators may be Ministers.

6. 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 and the Prime Minister does not within three days either resign from his office or advise the Governor-General to dissolve Parliament.
7. Head of government removal
   If, at any time between the holding of a general election of Representatives and the first meeting of the House thereafter, the Governor-General considers that in consequence of changes in the membership of the House resulting from that election the Prime Minister will not be able to command the support of the majority of the Representatives, the Governor-General may remove the Prime Minister from office.
8. 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 otherwise than by reason of the dissolution of Parliament;
   2. in the case of the Prime Minister, if, when the House first meets after the dissolution of Parliament, he is not then a Representative;
   3. in the case of any other Minister, if, when the House first meets after the dissolution of Parliament, he is not then a member of the House; or
   4. if, by virtue of section 29(4) of this Constitution, he is required to cease to perform his functions as a member of the House.
9. Cabinet removal
   The office of a Minister other than the Prime Minister shall become vacant--
   1. if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
   2. if the Prime Minister resigns from office within three days after a resolution of no confidence in the Government has been passed by the House or is removed from office under subsection (6) or (7) of this section; or
   3. on the appointment of any person to the office of Prime Minister.
10. In the exercise of the powers conferred upon him by subsections (2), and (7) of this section the Governor-General shall act in his own deliberate judgment.

52. Cabinet of Ministers

1. There shall be a Cabinet of Ministers for Saint Vincent which shall consist of the Prime Minister and the other Ministers.
2. Attorney general
   At any time when the office of Attorney-General is a public office the Attorney-General shall, by virtue of holding or acting in that office, be a member of the Cabinet in addition to the Ministers.
3. Powers of cabinet
   The functions of the Cabinet shall be to advise the Governor-General in the government of Saint Vincent and the Cabinet shall be collectively responsible to the House for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.
4. The provisions of subsection (3) of this section shall not apply in relation to--
   1. the appointment and removal from office of Ministers, and Parliamentary Secretaries, the assignment of responsibility to any Minister under section 53 of this Constitution or the authorisation of another Minister to perform the functions of the Prime Minister during absence or illness;
   2. the dissolution of Parliament; or
   3. the matters referred to in section 65 of this Constitution (which relate to the prerogative of mercy).

53. Allocation of portfolios to Ministers

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

1. Whenever the Prime Minister is absent from Saint Vincent or by reason of illness is unable to perform the functions conferred upon him by this Constitution, the Governor-General may authorise some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.
2. The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister:

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

55. 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 any person or authority other than the Cabinet:

   Provided that the foregoing provisions of this subsection shall not apply where the Governor-General is authorised to act in his own deliberate judgment in accordance with the following provisions of this Constitution--

   1. section 32 (which relates to the Constituency Boundaries Commission)
   2. sections 51 and 54 (which relate to Ministers);
   3. section 59 (which relates to the Leader of the Opposition);
   4. section 78 (which relates to the appointment, etc., of public officers); and
   5. section 86 (which relates to the Public Service Board of Appeal).
2. During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this Constitution and willing to accept appointment, or if the Governor-General, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of the Leader of the Opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment in the exercise of any power conferred upon him by this Constitution in respect of which it is provided that he shall act on the advice of, or after consultation with, the Leader of the Opposition.
3. Nothing in subsection (1) of this section shall require the Governor-General to act in accordance with the advice of the Cabinet or a Minister in exercise of the functions conferred upon him by the following provisions of this Constitution--
   1. the proviso to section 48(5) (which requires the Governor-General to dissolve Parliament in certain circumstances);
   2. section 51(6) (which requires the Governor-General to remove the Prime Minister from office in certain circumstances);
   3. section 56 (which entitles the Governor-General to information);
   4. sections 32(5), 59(5), 77(6), 81(7), 82(7) and 86(5) (which require the Governor-General to remove the holders of certain offices from office in certain circumstances).

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

57. Parliamentary Secretaries

1. The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the members of the House to assist Ministers in the performance of their duties:

   Provided that, if occasion arises for making an appointment while Parliament is dissolved, a person who was a Representative or a Senator immediately before the dissolution may be appointed as a Parliamentary Secretary.

2. The office of a Parliamentary Secretary shall become vacant--
   1. if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
   2. if the Prime Minister resigns from office within three days after a resolution of no confidence in the Government has been passed by the House or is removed from office under section 51(6) of this Constitution;
   3. upon the appointment of any person to the office of Prime Minister;
   4. if the holder of the office ceases to be a member of the House otherwise than by reason of a dissolution of Parliament;
   5. if, when the House first meets after the dissolution of Parliament, he is not then a member of the House; or
   6. if, by virtue of section 29(4) of this Constitution, he is required to cease to perform his functions as a member of the House.

58. Oaths to be taken by Ministers, etc

59. Leader of the Opposition

1. There shall (except at times when there are no 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 Representative who appears to him most likely to command the support of a majority of the Representatives who do not support the Government: or, if no Representative appears to him to command such support, the Representative who appears to him to command the support of the largest single group of Representatives who do not support the Government:

   Provided that--

   1. if there are two or more Representatives who do not support the Government but none of them commands the support of the other or others, the Governor-General may, acting in his own deliberate judgment, appoint any one of them as Leader of the Opposition; and
   2. in the exercise of his judgment the Governor-General shall be guided by the seniority of each based on his length of service as a Representative, by the number of votes cast in favour of each at the last election of Representatives or by both such seniority and such number of votes.
3. If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of Parliament and the day on which the ensuing election of Representatives is held, an appointment may be made as if Parliament had not been dissolved.
4. The office of Leader of the Opposition shall become vacant--
   1. if he ceases to be a member of the House otherwise than by reason of a dissolution of Parliament;
   2. if, when the House first meets after a dissolution of Parliament, he is not then a member of the House;
   3. if, under the provisions of section 29(4) of this Constitution, he is required to cease to perform his functions as a member of the House; or
   4. 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 Representatives who do not support the Government or (if no Representative appears to him to be able to command such support) the support of the largest single group of Representatives who do not support the Government, he shall remove the Leader of the Opposition from office.
6. The powers of the Governor-General under this section shall be exercised by him in his own deliberate judgment.

60. Permanent secretaries

61. 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.

62. Constitution of offices, etc

63. Attorney-General

1. There shall be an Attorney-General who shall be the principal legal adviser to the Government.
2. The office of Attorney-General shall be either a public office or the office of a Minister.
3. No person shall be qualified to hold the office of Attorney-General unless he holds one of the specified qualifications.
4. At any time when the office of Attorney-General is a public office the same person may, if qualified, be appointed to hold or act in the office of Attorney-General and the office of Director of Public Prosecutions.
5. Where the offices of Attorney-General and Director of Public Prosecutions are held by the same person the following provisions of this Constitution shall have effect as if references therein to the Director included references to the Attorney-General, that is to say, sections 73, 81(6), (7), (8) and (9), 89(3) and 105(8)(a); but the provisions of this subsection shall be without prejudice to the powers of Parliament or, subject to the provisions of any law enacted by Parliament, the Governor-General to determine that the office of Attorney-General shall be the office of a Minister.

64. Control of public prosecutions

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 in any case in which he considers it desirable so to do--
   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. In the exercise of the powers vested in him by subsection (2) of this section and section 42 of this Constitution, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.

65. 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 such Minister as may from time to time be designated by the Governor-General acting in accordance with the advice of the Prime Minister.

66. Advisory Committee on Prerogative of Mercy

1. There shall be an Advisory Committee on the Prerogative of Mercy for Saint Vincent (hereinafter in this section referred to as the Committee) which shall consist of--
   1. the Minister for the time being designated under section 65(2) of this Constitution, who shall be chairman;
   2. the Attorney-General; and
   3. not less than three nor more than four other members appointed by the Governor-General by writing under his hand, of whom at least one shall be a Minister and at least one shall be a person entitled to practise in Saint Vincent as a medical practitioner.
2. A member of the Committee appointed under subsection (1)(c) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:

   Provided that his seat shall become vacant--

   1. in the case of a person who at the date of his appointment was a Minister, if he ceases to be a Minister; or
   2. in the case of a person who, at the date of his appointment, was entitled to practise in Saint Vincent as a medical practitioner, if he ceases to be so entitled; or
   3. if the Governor-General, by writing under his hand, so directs.
3. The Committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.
4. The Committee may regulate its own procedure.
5. In the exercise of his functions under this section, the Governor-General shall act in accordance with the advice of the Prime Minister.

67. Functions of Advisory Committee

1. Where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the Minister for the time being designated under section 65(2) of this Constitution shall cause a written report of the case from the trial judge (or the Chief Justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide in his own deliberate judgment whether to advise the Governor-General to exercise any of his powers under section 65(1) of this Constitution.
2. The Minister for the time being designated under section 65(2) of this Constitution may consult with the Advisory Committee on the Prerogative of Mercy before tendering any advice to the Governor-General under that subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the Committee.

68. Consolidated Fund

69. Withdrawals from Consolidated Fund or other public funds

1. No moneys shall be withdrawn from the Consolidated Fund except--
   1. to meet expenditure that is charged upon the Fund by this Constitution or by any law enacted by Parliament; or
   2. where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 71 of this Constitution.
2. Where any moneys are charged by this Constitution or any law enacted by Parliament upon the Consolidated Fund or any other public fund, they shall be paid out of that fund by the Government to the person or authority to whom payment is due.
3. No moneys shall be withdrawn from any public fund other than the Consolidated Fund unless the issue of those moneys has been authorised by or under any law.
4. There shall be such provision as may be made by Parliament prescribing the manner in which withdrawals may be made from the Consolidated Fund or any other public fund.
5. The investment of moneys forming part of the Consolidated Fund shall be made in such manner as may be prescribed by or under a law enacted by Parliament.
6. Notwithstanding the provisions of subsection (1) of this section, provision may be made by or under a law enacted by Parliament authorising withdrawals to be made from the Consolidated Fund, in such circumstances and to such extent as may be prescribed by or under a law enacted by Parliament, for the purpose of making repayable advances.

70. Authorisation of expenditure from Consolidated Fund by appropriation law

1. Budget bills, Finance bills
   The Minister for the time being responsible for finance shall cause to be prepared and laid before the House before, or not later than thirty days after, the commencement of each financial year estimates of the revenues and expenditure of Saint Vincent for that financial year.
2. Budget bills, Finance bills
   When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this Constitution or by any law enacted by Parliament) have been approved by the House, a bill, known as an appropriation bill, shall be introduced in the House, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein.
3. If in respect of any financial year it is found--
   1. that the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to 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 to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law,

   a supplementary estimate showing the sums required or spent shall be laid before the House and, when the supplementary estimate has been approved by the House, a supplementary appropriation bill shall be introduced in the House providing for the issue of such sums from the Consolidated Fund and appropriating them to the purposes specified therein.

71. Authorisation of expenditure in advance of appropriation

72. Contingencies Fund

1. There shall be such provision as may be made by Parliament for the establishment of a Contingencies Fund and for authorising the Minister for the time being 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 that Fund to meet that need.
2. Where any advance is made from the Contingencies Fund, a supplementary estimate shall as soon as possible be laid before the House and when the supplementary estimate has been approved by the House, a supplementary appropriation bill shall be introduced as soon as possible in the House for the purpose of replacing the amount so advanced.

73. 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 Parliament.
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 Fund.
3. 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, member of the Public Service Commission, member of the Police Service Commission, member of the Public Service Board of Appeal, the Director of Public Prosecutions and the Director of Audit.
6. Nothing in this section shall be construed as prejudicing the provisions of section 88 of this Constitution (which protects pensions rights in respect of service as a public officer).

74. Public debt

1. All debt charges for which Saint Vincent is liable shall be a charge on the Consolidated Fund.
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 Fund and the service and redemption of the debt created thereby.

75. Audit of public accounts, etc

1. There shall be a Director of Audit whose office shall be a public office.
2. The Director of Audit shall--
   1. satisfy himself that all moneys that have been appropriated by Parliament 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 Saint Vincent, the accounts of all officers and authorities of the Government, the accounts of all courts of law in Saint Vincent (including any accounts of the Supreme Court maintained in Saint Vincent), the accounts of every Commission established by this Constitution and the accounts of the Clerk of the House.
3. The Director of Audit 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 Director of Audit shall submit every report made by him in pursuance of subsection (2) of this section to the Minister for the time being responsible for finance who shall, not later than seven days after the House 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 Director of Audit shall transmit copies of that report to the Speaker who shall, as soon as practicable, present them to the House.
6. The Director of Audit 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 Parliament.
7. In the exercise of his functions under subsections (2), (3), (4) and (5) of this section, the Director of Audit shall not be subject to the direction or control of any other person or authority.

76. Public Accounts Committee

PART 1. The Public Service Commission

PART 2. Appointments, etc., to particular offices

PART 3. The Police

PART 4. The Public Service Board of Appeal

PART 5. Pensions

90. Persons who become citizens on 27th October 1979

1. Every person who, having been born in Saint Vincent, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen at such commencement.
2. Every person who, immediately before the commencement of this Constitution, is a citizen of the United Kingdom and Colonies--
   1. having become such a citizen under the British Nationality Act 1948 [FN: 1948 c. 56.] by virtue of his having been naturalised in Saint Vincent as a British subject before that Act came into force; or
   2. having while resident in Saint Vincent become such a citizen by virtue of his having been naturalised or registered under that Act,

   shall become a citizen at such commencement.

3. Every person who, having been born outside Saint Vincent, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death or the renunciation of his citizenship of the United Kingdom and Colonies have become, a citizen by virtue of subsection (1) or subsection (2) of this section, become a citizen at such commencement.
4. Every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies would have become, a citizen by virtue of subsection (1), (2) or (3) of this section, is a citizen of the United Kingdom and Colonies immediately before the commencement of this Constitution shall become a citizen at such commencement.

91. Persons born in Saint Vincent on or after 27th October 1979

92. Persons born outside Saint Vincent on or after 27th October 1979

93. Registration

1. The following persons shall be entitled, upon making application, to be registered as citizens--
   1. any woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
   2. any person who, being a Commonwealth citizen, is ordinarily resident in Saint Vincent at the commencement of this Constitution, having been so resident for the period of seven years immediately preceding such commencement;
   3. any person who, having been a citizen, has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
   4. any person who, but for having renounced his citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen at the commencement of this Constitution;
   5. any woman who is married to any such person as is mentioned in paragraph (b), (c) or
   6. of this subsection or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph;
   7. any woman who, before the commencement of this Constitution, has been married to a person--
      1. who becomes a citizen by virtue of section 90 of this Constitution; or
      2. who, having died before such commencement, would but for his death have become a citizen by virtue of that section,

      but whose marriage has been terminated by death or dissolution before such commencement.

2. The following persons shall be entitled, upon making application, to be registered as citizens--
   1. any man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
   2. any person who, being a Commonwealth citizen, is and for seven years previous to his application has been ordinarily resident in Saint Vincent;
   3. any man who is married to any such person as is mentioned in paragraph (b), (c) or (d) of subsection (1) of this section or who was married to a person who, at any time during the period during which they were married to each other, was entitled to apply to be registered as a citizen under any such paragraph;
   4. any person under the age of twenty-one years who is the stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under subsection (1) of this section:

   Provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application.

3. An application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and, in the case of a person to whom subsection (2)(d) of this section applies, it shall be made on his behalf by his parent or guardian:

   Provided that, if any such person is or has been married, he may make the application himself.

4. Every person who, being a British protected person, an alien or, if it is so prescribed by Parliament, a citizen of any country within the Commonwealth not forming part of Her Majesty's dominions and having reached the age of twenty-one years, applies for registration under this section shall, before such registration, take the oath of allegiance.

94. Acquisition, deprivation and renunciation

95. Interpretation

1. In this Chapter--
   • "alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;

     "British protected person" means a person who is a British protected person for the purposes of the British Nationality Act 1948;

     "the British Nationality Act 1948" includes any Act of the Parliament of the United Kingdom altering that Act;

     "father", in relation to a child born out of wedlock and not legitimated, includes a person who acknowledges and can show that he is the father of the child.

2. For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
3. Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of 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 the commencement of this Constitution and the birth occurred after such commencement the national status that the father would have had if he had died immediately after such commencement shall be deemed to be his national status at the time of his death.

96. Original jurisdiction of High Court in constitutional questions

1. Constitutionality of legislation
   Subject to the provisions of section 22(2), 38(8)(b), 102(2) and 105(10) of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
2. The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened and to make a declaration accordingly.
3. Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the High Court.
4. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the Court by or under this section, including provision with respect to the time within which any application under this section may be made.
5. A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.
6. The rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any law.
7. Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 36 of this Constitution.

97. Reference of constitutional questions to High Court

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Vincent (other than the Court of Appeal, the High Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
2. Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the 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.

98. Appeals to Court of Appeal

99. 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. final decisions in any civil proceedings where the matter in dispute on the appeal to Her Majesty in Council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards;
   2. final decisions in proceedings for dissolution or nullity of marriage;
   3. final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution; and
   4. such other cases as may be prescribed by Parliament.
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--
   1. decisions in any civil proceedings where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council; and
   2. such other cases as may be prescribed by Parliament.
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 or criminal matter.
4. References in this section to decisions of the Court of Appeal shall be construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred by this Constitution or any other law.
5. In this section the prescribed value means the value of fifteen hundred dollars or such other value as may be prescribed by Parliament.
6. This section shall be subject to the provisions of section 36(7) of this Constitution.

100. Interpretation

101. Supreme law

102. Functions of Governor-General

1. 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 Saint Vincent and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.
2. Where by this Constitution the Governor-General is required to perform any function in accordance with the advice of any person or authority, the question whether the Governor-General has so exercised that function shall not be enquired into in any court of law.

103. Resignations

1. A Representative or a Senator may resign his seat by writing under his hand addressed to the Speaker 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 Speaker;
   2. if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Deputy Speaker; or
   3. if the office of Deputy Speaker is vacant or the Deputy Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Clerk of the House.
2. The Speaker or the Deputy Speaker may resign his office by writing under his hand addressed to the House and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk of the House.
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.

104. Re-appointment and concurrent appointments

1. Where any person has vacated any office established by this Constitution or any office of Minister or Parliamentary Secretary established under this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
2. Where this Constitution vests in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

105. Interpretation

1. In this Constitution, unless the context otherwise requires--
   • "citizen" means a citizen of Saint Vincent and "citizenship" shall be construe accordingly;

     "Commonwealth citizen" has such meaning as Parliament may prescribe;

     "dollars" means dollars in the currency of Saint Vincent;

     "financial year" means any period of twelve months beginning on 1st January in any year or such other date as may be prescribed by law;

     "the Government" means the Government of Saint Vincent;

     "the House" means the House of Assembly;

     "law" means any law in force in Saint Vincent 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 the Government;

     "Parliament" means the Parliament of Saint Vincent;

     "oath" includes affirmation;

     "oath of allegiance" means such oath of allegiance as may be prescribed by law;

     "oath of office" means, in relation to any office, such oath for the due execution of that office as may be prescribed by law;

     "oath of secrecy" means such oath of secrecy as may be prescribed by law;

     "the Police Force" means the Royal Saint Vincent Police Force and includes any other police force established to succeed to the functions of the Royal Saint Vincent Police Force;

     "public office" means any office of emoluments 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 in a civil capacity of the Government;

     "Saint Vincent" means Saint Vincent and the Grenadines;

     "session" means, in relation to the House, the period beginning when it first meets after Parliament has at any time been prorogued or dissolved and ending when Parliament is prorogued or when Parliament is dissolved without having been prorogued;

     "sitting" means, in relation to the House, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee;

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

2. In this Constitution references to an office in the public service shall not be construed as including--
   1. references to the office of the Speaker or Deputy Speaker, the Prime Minister or any other Minister, a Parliamentary Secretary or a member of the House;
   2. references to the office of a member of any Commission established by this Constitution or a member of the Advisory Committee on the Prerogative of Mercy or a member of the Public Service Board of Appeal;
   3. references to the office of judge or officer of the Supreme Court;
   4. save in so far as may be provided by Parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law.
3. In this Constitution--
   1. references to the Supreme Court Order include references to any law altering that Order;
   2. references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission are references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission established by the Supreme Court Order;
   3. references to the Chief Justice have the same meaning as in the Supreme Court Order;
   4. references to a judge of the Supreme Court are references to a judge of the High Court or the Court of Appeal and, unless the context otherwise requires, include references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and
   5. references to officers of the Supreme Court are references to the Chief Registrar and other officers of the Supreme Court appointed under the Supreme Court Order.
4. In this Constitution "the specified qualifications" means the professional qualifications specified by or under any law, one of which must be held by any person before he may apply under that law to be admitted to practice as a barrister or a solicitor in Saint Vincent.
5. For the purposes of this Constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance.
6. 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, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office.
7. Except in the case where this Constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor.
8. 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:

   Provided that--

   1. nothing in this subsection shall be construed as conferring on any person or authority the power to require the Director of Public Prosecutions or the Director of Audit to retire from the public service; and
   2. any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission.
9. Any provision in this Constitution that vests in any person or authority the 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 by or under that law.
10. Where this Constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions.
11. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this Constitution or any other law.
12. Without prejudice to the provisions of section 14 of the Interpretation Act 1978 [FN: 1978 c. 30.] (as applied by subsection (15) of this section), where any power is conferred by this Constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation.
13. Save as may be otherwise provided by Parliament, the provisions (except sections 2 and 16) of the Commissions of Enquiry Ordinance of Saint Vincent shall apply, with the necessary adaptations, in relation to tribunals appointed under sections 32(6), 77(7), 81(8), 82(8) and 86(6) of this Constitution or, as the context may require, to the members thereof as they apply in relation to Commissions or Commissioners appointed under that Ordinance.
14. In this Constitution references to altering this Constitution or any other law, or any provision thereof, include references--
    1. to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof;
    2. to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
    3. to suspending its operation for any period or terminating any such suspension.
15. The Interpretation Act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of the Parliament of the United Kingdom.

PART 1. Provisions of Constitution referred to in section 38(3

1. Chapter 1;
2. sections 19, 20 and 50;
3. sections 23, 24(1), 27, 28, 32, 33 (except the number of constituencies), 34, 36, 37, 43, 47, 48 and 49;
4. section 64;
5. Chapter V;
6. Chapter VI (except sections 86 and 87);
7. Chapter VIII;
8. section 105 in its application to any of the provisions mentioned in this Schedule.

PART 2. Provisions of Supreme Court Order referred to in section 38(3