Saint Christopher, Nevis and Anguilla Constitution Order 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/228 |
| Year | 1967 |
1967 No. 228
ASSOCIATED STATES
The Saint Christopher, Nevis and Anguilla Constitution Order 196722ndFebruary 1967
27thFebruary 1967
At the Court at Buckingham Palace, the 22nd day of February 1967
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers conferred upon Her by section 5 of the West Indies Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement.
1.—(1) This Order may be cited as the Saint Christopher, Nevis and Anguilla Constitution Order 1967.
Revocations.
(2) This Order shall come into operation on 27th February 1967.
2. The instruments mentioned in Schedule 1 to this Order are revoked to the extent specified therein.
Establishment of Constitution.
3. The Constitution of Saint Christopher, Nevis and Anguilla set out in Schedule 2 to this Order shall come into effect in Saint Christopher, Nevis and Anguilla at the commencement of this Order:
Provided that Chapter VII of the Constitution shall come into effect on the date appointed in accordance with section 90 of the Constitution.
W. G. Agnew.
(a) 1967 c. 4.
Section 2
SCHEDULE 1 TO THE ORDER
INSTRUMENTS REVOKED BY THIS ORDER
Instrument Reference Extent of Revocation
The Saint Christopher, S.I. 1959 II, p. 3397. The whole instrument
Nevis and Anguilla
Letters Patent 1959
The Saint Christopher, Laws of Part II of the
Nevis and Anguilla Saint Christopher, Ordinance
Constitution and Nevis and Anguilla
Elections Ordinance. Rev. 1961, c. 162
The Windward Islands S.I. 1959/2198 The whole Order so
and Leeward Islands (1959 I, p. 558) far as it applies to
(Police Service Saint Christopher
Commission) Order in Nevis and Anguilla.
Council 1959.
The Saint Christopher, Ordinance No. 5 The whole Ordinance.
Nevis and Anguilla of 1962
Constitution and
Elections (Amendment)
Ordinance 1962.
Section 3
SCHEDULE 2 TO THE ORDER
THE CONSTITUTION OF SAINT CHRISTOPHER, NEVIS AND ANGUILLA
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Section
1. Fundamental rights and freedoms.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labour.
5. Protection from inhuman treatment.
6. Protection from deprivation of property.
7. Protection from arbitrary search or entry.
8. Provisions to secure protection of law.
9. Protection of freedom of conscience.
10. Protection of freedom of expression.
11. Protection of freedom of assembly and association.
12. Protection of freedom of movement.
13. Protection from discrimination on the grounds of race, etc.
14. Derogations from fundamental rights and freedoms under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Declaration of emergency.
18. Interpretation and savings.
CHAPTER II
THE GOVERNOR
19. Establishment of office of Governor.
20. Oaths to be taken by Governor.
21. Acting Governor.
22. Deputy to Governor.
CHAPTER III
THE LEGISLATURE
PART 1
Composition of the Legislature
23. Establishment of Legislature.
24. House of Assembly.
25. Qualifications for membership of House of Assembly.
26. Disqualifications for membership of House of Assembly.
27. Election of elected members.
28. Appointment of nominated members.
29. Tenure of office of members of House of Assembly.
30. Speaker and Deputy Speaker.
31. Supervisor of Elections.
32. Clerk to the House of Assembly and his staff.
33. Determination of questions as to membership of House of Assembly.
PART 2
Legislation and Procedure in the House of Assembly
34. Power to make laws.
35. Alteration of this Constitution and certain other laws.
36. Oath by members of House of Assembly.
37. Presiding in House of Assembly.
38. Quorum in House of Assembly.
39. Voting in House of Assembly.
40. Unqualified persons sitting or voting.
41. Mode of exercise of legislative power.
42. Restrictions with regard to certain financial measures.
43. Regulation of procedure in House of Assembly.
PART 3
Summoning, Prorogation and Dissolution
44. Sessions of the Legislature.
45. Prorogation and dissolution of the Legislature.
46. General elections.
PART 4
Delimitation of Constituencies
47. Constituency Boundaries Commission.
48. Review of constituency boundaries.
CHAPTER IV
THE EXECUTIVE
49. Exercise of executive authority of Saint Christopher, Nevis and Anguilla.
50. Ministers of the Government of Saint Christopher, Nevis and Anguilla.
51. Establishment of Cabinet of Ministers.
52. Collective responsibility.
53. Allocation of portfolios to Ministers.
54. Performance of functions of Premier during absence or illness.
55. Exercise of Governor's functions.
56. Governor to be informed concerning matters of government.
57. Parliamentary Secretaries.
58. Oaths to be taken by Ministers, etc.
59. Leader of the Opposition.
60. Permanent secretaries.
61. Secretary to the Cabinet.
62. Constitution of offices, etc.
63. Attorney-General.
64. Director of Public Prosecutions.
65. Prerogative of mercy.
66. Advisory Committee on Prerogative of Mercy.
67. Functions of Advisory Committee.
CHAPTER V
FINANCE
68. Consolidated Fund.
69. Withdrawals from Consolidated Fund or other public funds.
70. Annual Appropriation law.
71. Authorisation of expenditure in advance of appropriation.
72. Warrants for unforeseen expenditure.
73. Remuneration of certain officers.
74. Public debt.
75. Director of Audit.
CHAPTER VI
THE PUBLIC SERVICE
PART 1
The Public Service Commission
76. Public Service Commission.
77. Appointment, etc., of public officers.
78. Compulsory retirement to facilitate appointment of local candidates.
PART 2
Appointment, etc., to particular offices
79. Appointment, etc., of permanent secretaries and certain other officers.
80. Appointment, etc., of Attorney-General.
81. Director of Public Prosecutions.
82. Director of Audit.
83. Appointment, etc., of magistrates, registrars and legal officers.
PART 3
The Police
84. Police Service Commission.
85. Appointment, etc., of police officers.
PART 4
The Public Service Board of Appeal
86. Public Service Board of Appeal.
87. Appeals to Public Service Board of Appeal.
PART 5
Pensions
88. Pensions laws and protection of pensions rights.
89. Power to withhold pensions, etc.
CHAPTER VII
CITIZENSHIP
90. Commencement.
91. Persons who become citizens on appointed date.
92. Persons entitled to be registered as citizens.
93. Persons born in Saint Christopher on or after appointed date.
94. Persons born outside Saint Christopher on or after appointed date.
95. Marriage to citizen of Saint Christopher.
96. Powers of the Legislature.
97. Interpretation.
CHAPTER VIII
JUDICIAL PROVISIONS
98. Original jurisdiction of High Court in constitutional questions.
99. Reference of constitutional questions to High Court.
100. Appeals to Court of Appeal.
101. Appeals to H.M. in Council.
102. Interpretation.
CHAPTER IX
TRANSITIONAL PROVISIONS
103. Existing laws.
104. The Legislature.
105. First Cabinet.
106. Office of Attorney-General.
107. Existing public officers.
108. Emergency powers.
CHAPTER X
MISCELLANEOUS
109. Local government.
110. Resignations.
111. Re-appointment and concurrent appointments.
112. Certain questions not to be enquired into in any court.
113. Interpretation.
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
1. Whereas every person in Saint Christopher, Nevis and Anguilla is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
2.—(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 the law of Saint Christopher, Nevis and Anguilla 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—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
3.—(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:—
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for Saint Christopher, Nevis and Anguilla or some other country, in respect of a criminal offence of which he has been convicted;
(c) 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;
(d) in execution of the order of a court made to secure the fulfilment of any...
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