Cayman Islands (Constitution) (Amendment) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/3143 |
| Year | 1993 |
1993No. 3143
CARIBBEAN AND NORTH ATLANTIC TERRITORIES
The Cayman Islands (Constitution) (Amendment) Order
1993
16thDecember1993
10thJanuary1994
At the Court at Buckingham Palace, the 16th day of December 1993
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 1962 ( a) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:
1.-(1) This Order may be cited as the Cayman Islands (Constitution) (Amendment) Order 1993 and shall be read as one with the Cayman Islands (Constitution) Order 1972, as from time to time amended ( b).
(2) The Cayman Islands (Constitution) Orders 1972 to 1992 and this Order may be cited together as the Cayman Islands (Constitution) Orders 1972 to 1993.
(3) In this Order, "the Constitution" means the Constitution set out in Schedule 2 to the Cayman Islands (Constitution) Order 1972.
(4) This Order shall come into force on such date as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette.
2. Section 5 of the Constitution shall be amended:
(a) by replacing paragraph (a) by the following:"(a) the Chief Secretary, the Attorney-General and the Financial Secretary,ex officio, who are hereinafter referred to as the official members of the Council; and"; and(b) in paragraph (b), by substituting the word "five" for the word "four" and adding at the end of the paragraph the words "who shall be entitled "Ministers"".3. Section 6 of the Constitution shall be amended:
(a) by deleting subsection (1); and(b) in subsection (2)(f), by substituting the words "nine of" for the words "two-thirds of all".(a) 1962 c.19.
(b) S.I. 1972/1101, amended by S.I. 1984/126, S.I. 1987/2199 and S.I. 1992/226.
Amendment of section 13 of Constitution.
4. Section 13(1) of the Constitution shall be replaced by the following:
"(1) The Executive Council shall be summoned by the Governor acting in his discretion:
Provided that the Governor shall summon the Council if requested to do so by a majority of Ministers.".
Addition of new section 16A to Constitution.
5. The Constitution shall be amended by the addition, immediately after section 16, of the following new section:
"Powers of Attorney-General.
16A.- (1) The Attorney-General shall have power in any case in which he considers it desirable so to do-
(a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in the Islands;
(b) to take over and continue any such criminal proceedings that have been instituted by any other person or authority;
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(2) The powers of the Attorney-General under subsection (1) of this section may be exercised by him in person or by officers subordinate to him acting under and in accordance with his general or special instructions.
(3) The powers conferred upon the Attorney-General by subsection (1)(b) and (c) 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 at any stage before the person against whom the proceedings have been instituted has been charged before the court.
(4) For the purposes of this section, any appeal from any determination in any 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 or to Her Majesty in Council shall be deemed to be part of those proceedings:
Provided that the powers conferred on the Attorney-General by subsection (1)(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.
(5) In the exercise of the powers conferred on him by this section, section 23 or section 24 of this Constitution the Attorney-General shall not be subject to the direction or control of any other person or authority.".
Amendment of section 17 of Constitution.
6. Section 17(2) of the Constitution shall be amended as follows-
(a) by deleting paragraph (a);
(b) by replacing paragraph (b) by the following:
"(b) the Chief Secretary, the Attorney-General and the Financial Secretary, ex officio; and" ; and
(c) by adding the following new paragraph:
"(d) if he is not an elected member of the Assembly, the Speaker.".
7.-(1) Section 18(1)(f) of the Constitution shall be amended by inserting the words and figures ", subject to subsections (3) and (4) of this section," immediately before the words "in the seven years".
Amendment of section 18 of Constitution.
(2) Section 18(4) of the Constitution shall be amended by inserting the following "or (f)" after the reference to subsection (1)(e).
(3) For the avoidance of doubt, it is hereby declared that the reference to the appointed day in subsection 18(4) as hereby amended is a reference to the appointed day as defined in section 5 of the Cayman Islands (Constitution) (Amendment) Order 1987.
8.-(1) Section 19(1) of the Constitution shall be amended by replacing paragraph (e) by the following:
Amendment of section 19 of Constitution.
"(e) subject to subsection (2) of this section:
(i) is under sentence of death imposed on him by a court, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by a court or substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended; or
(ii) has been detained in prison under such a sentence of imprisonment within the period of five years immediately preceding the date of the election;".
(2) Section 19(2) of the Constitution shall be amended by replacing the full stop at the end of the subsection by a semicolon and the word "and" and by adding the following paragraph:
"(c) no account shall be taken of a sentence of imprisonment imposed by a court outside the Islands other than a sentence on conviction for an offence constituted by conduct which, if it occurred within the Islands, would constitute an offence punishable under the law of the Islands by imprisonment of 12 months, or any greater punishment.".
9. Section 20 of the Constitution shall be amended:
Amendment of section 20 of Constitution.
(a) by deleting subsections (1) and (2); and
(b) by replacing subsection (3)(g) and (h) by the following:
"(g) subject to section 21 of this Constitution, if any circumstances were to arise that, if he were not a member of the Assembly, would cause him to be disqualified for election thereto by virtue of any provision of section 19(1) other than paragraph (g).".
10. Section 21 of the Constitution shall be replaced by the following:
Replacement of section 21 of Constitution.
"Delay in vacation of seat to allow for an appeal.
21.-(1) If circumstances such as are referred to in paragraph (g) of section 20(3) of this Constitution arise because a member is adjudged or declared bankrupt, certified insane or adjudged of unsound mind, is under sentence of death or imprisonment or is convicted or reported guilty of an offence relating to elections, and it is open to the member to appeal against the decision (either with or without the leave of a court or other authority), he shall forthwith cease to perform his functions as a member of the Legislative Assembly, but, subject to subsection (2) of this section, he shall not vacate his seat in the Assembly until the expiration of thirty days thereafter:
Provided that the Governor, acting in his discretion, may, at the request of the member, from time to time, extend that period to enable the member to pursue the appeal against the decision, save that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of the Legislative Assembly.
(2) If, on the determination of any appeal, such circumstances as aforesaid continue to exist and no further appeal is open to the member, or if for any reason, including the refusal of leave to appeal or the expiration of any time for entering an appeal, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
(3) If at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in subsection (1) and he may resume the performance of his functions as a member.".
Repeal of sections 22 and 23(1) of Constitution.
11. Section 22 and section 23(1) of the Constitution shall be repealed.
Amendment of section 24 of Constitution.
12. Section 24(2) of the Constitution shall be amended by substituting the words "Attorney-General" for the word "Governor".
Amendment of section 26 of Constitution.
13. Section 26(1)(a) shall be amended by deleting the words "in any part of the Commonwealth".
Amendment of section 29 of Constitution.
14. Section 29 of the Constitution shall be amended by renumbering the same as subsection (1) and adding...
To continue reading
Request your trial