Constitution of Saint Vincent and [ CAP. 2 1 the Grenadines LAWS OF SAINT VINCENT AND THE GRENADINES REVISED EDITION 1990 CHAPTER 2 CONSTITUTION OF SAINT VINCENT AND THE GRENADINES United Kingdom S.I. 1979 No. 916 amended by Act 21 of 1986 Act 15 of 1988 Printed and published with the authority of the Government of Saint Vincent and the Grenadines 2 CAP. 21 Constitution of Saint Vincent and Constitution of Saint Vincent and [ CAP. 2 3 the Grenadines the Grenadines Numbering of sections CHAPTER 2 Original number Comment Present number S.I. 916 CONSTITUTION OF SAINT VINCENT AND 1 1 THE GRENADINES 2 spent/omitted 3 2 First Schedule (The Constitution) At the Court of Saint James, the 26th day of July 1979 1-32 1- 32 Present, 33 a 21/86 33 34-92 34-92 The Counsellors of State in Council 93 a 15/88 93 94-105 94-105 WHEREAS Her Majesty, in pursuance of the Regency Acts 1937 Schedule Schedule to 1953, was pleased, by Letters Patent dated the 16th day of Second Schedule Second Schedule July 1979, to delegate to the six counsellors of State therein named or any two or more of them full power and authority during the period of Her Majestys absence from the United Index of subsidiary legislation Kindom to summon and hold on Her Majestys behalf Her Privy Booklet 1 Constituency Boundaries Commission Order Council and to Signify thereat Her Majestys approval for Her Majestys approval in Council is required: Booklet 2 Public Service Board of Appeal (Notification) Regulations. anything for which Booklet 3 High Court Constitution Redress Rules AND WHEREAS the status of association of Saint Vincent with Booklet 4 Public Service Commission Regulations the. United Kingdom is to terminate on 27th October 1979 and Booklet 5 Public Service Commission (Delegation) Directions it is necessary to establish a new constitution for Saint Vincent Booklet 6 Police Service Commission (Disciplinary Jurisdiction) Dele- upon its attainment of fully responsible status within the gation Regulations Commonwealth with the style of Saint Vincent and the Booklet 7 Public Service Commission (Disciplinary jurisdiction over Grenadines: Prison Staff) Delegation Directions AND WHEREAS the Associated State of Saint Vincent has, by a resolution passed in the House of Assembly thereof on Note: Although the Standing Orders of the House of Assembly were published 9th February 1979, requested and consented to the making of as an S. R. and 0. (16 of 1989) it is considered that such Orders are not subsidiary this Order for that purpose: legislation and they are not, therefore, reproduced in this Edition. NOW, THEREFORE, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 5(4) of the West Indies Act 1967(a) and all other powers enabling Her Majesty, do hereby, by and with the advice of Her Majestys Privy Council, on Her Majestys behalf order, and it is hereby ordered, as follows- Arrangement of sections 1. Citation and commencement. 4 CAP. 21 Constitution of Saint Vincent and Constitution of Saint Vincent and CAP. 2 5 the Grenadines the Grenadines 2. Establishment of Constitution CHAPTER II First Schedule. THE GOVERNOR-GENERAL Second Schedule. 19. Establishment of office. 20. Acting Governor-General. 21. Oaths. Citation and 1. This Order may be cited as the Saint Vincent and the commence- 22. Deputy to Governor-General. ment. Grenadines Constitution Order, 1979, and shall come into opera- tion on the 27th October, 1979. CHAPTER III Establish- 2. The Constitution set out in the First Schedule shall come PARLIAMENT ment of Constitution. into effect in Saint Vincent and the Grenadines at the commence- PART I ment of this Order subject to the transitional provisions set out Composition of Parliament in the Second Schedule to this Order. 23. Establishment. 24. Composition of House of Assembly. 25. Qualifications for Representatives and Senators. 26. Disqualifications for Representatives and Senators. 27. Election of Representatives. 28. Appointment of Senators. FIRST SCHEDULE 29. Tenure of office of Representative and Senators. 30. Speaker. THE CONSTITUTION OF SAINT VINCENT 31. Deputy Speaker. AND THE GRENADINES 32. Constituency Boundaries Commission. 33. Constituencies. 34. Supervisor of Elections. Arrangement of sections 35. Clerk of House and his staff. 36. Determination of questions of membership. CHAPTER I PART 2 PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 1. Fundamental rights and freedoms. Legislation and procedure of Parliament 2. Protection of right to life. 37. Power to make laws. 3. Protection of right to personal liberty. 38. Alteration of Constitution and Supreme Court Order. 4. Protection from slavery and forced labour. 39. Oath by members. 5. Protection from inhuman treatment. 40. Presiding. 6. Protection from deprivation of property. 41. Voting. 7. Protection from arbitrary search or entry. 42. Penalty for sitting if unqualified. 8. Provisions to secure protection of law. 43. Mode of exercise of legislative power. 9. Protection of freedom of conscience. 44. Restrictions with regard to certain financial measures. 10. Protection of freedom of expression. 45. Regulation of procedure in House. 11. Protection of freedom of assembly and association. 46. Freedom of speech. 12. Protection of freedom of movement. 13. Protection from discrimination on the grounds of race, etc. PART 3 14. Derogations from s. 3 or s. 13 under emergency powers. Summoning, prorogation and dissolution 15. Protection of persons detained under emergency laws. 16. Enforcement of protective provisions. 47. Sessions. 17. Declaration of emergency. 48. Prorogation and dissolution. 18. Interpretation and savings. 49. Elections to House of Assembly. 6 CAP. 21 Constitution I V: of Saint Vincent and Constitution of Saint Vincent and [ CAP. 2 7 the Grenadines the Grenadines CHAPTER IV PART 2 THE EXECUTIVE Appointments, etc., to particular offices 50. Executive authority. 79. Appointment, etc., of permanent secretaries and certain other 51. Ministers of the Government. officers. 52. Cabinet of Ministers. 80. Attorney-General when a public officer. 53. Allocation of portfolios to Ministers. 81. Director of Public Prosecutions. 54. Performance of functions of Prime Minister during absence 82. Director of Audit. or illness. 83. Appointment, etc., of magistrates, registrars and legal officers. 55. Exercise of Governor-General's functions. 56. Governor-General to be informed concerning matters of PART 3 government. 57. Parliamentary Secretaries. The Police 58. Oaths to be taken by Ministers, etc. Police Service Commission. 59. Leader of the Opposition. Police Force. 60. Permanent secretaries. 61. Secretary to the Cabinet. PART 4 62. Constitution of offices, etc. 63. Attorney-General. The Public Service Board of Appeal 64. Control of public prosecutions. 86 Public Service Board of Appeal. 65. Prerogative of mercy. 87. Appeals in discipline cases. 66. Advisory Committee on Prerogative of Mercy. 67. Functions of Advisory Committee. PART 5 Pensions 88. Pensions laws and protection of pension rights. CHAPTER V 89. Power to withhold pensions, etc. FINANCE 68. Consolidated Fund. CHAPTER VII 69. Withdrawals from Consolidated Fund or other public funds. 70. Authorisation of expenditure from Consolidated Fund by CITIZENSHIP appropriation law. 90. Persons who become citizens on the 27th October 1979. 71. Authorisation of expenditure in advance of appropriation. 91. Persons born in Saint Vincent and the Grenadines on or 72. Contingencies Fund. after 27th October 1979. 73. Remuneration of certain officers. 92. Persons born outside Saint Vincent and the Grenadines on or 74. Public debt. after 27th October 1979. 75. Audit of public accounts, etc. 93. Registration. 76. Public Accounts Committee. 94. Acquisition, deprivation and renunciation. 95. Interpretation. F P CHAPTER VI CHAPTER VIII THE PUBLIC SERVICE JUDICIAL PROVISIONS PART I 96. Original jurisdiction of High Court in constitutional questions. The Public Service Commission 97. Reference of constitutional questions to High Court. 98. Appeals to Court of Appeal. 77. Public Service Commission. 99. Appeals to Her Majesty in Council. 78. Appointment, etc., of public officers. 100. Interpretation. 8 CAP. 2] Constitution of Saint Vincent and Constitution of Saint Vincent and ( CAP. 2 9 the Grenadines the Grenadines CHAPTER IX CHAPTER I MISCELLANEOUS PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 101. Supreme law. 1. Whereas every person in Saint Vincent and the Grenadines is Fundamental 102. Functions of Governor-General. rights and entitled to the fundamental rights and freedoms, that is to say, the freedoms. 103. Resignations. right, whatever his race, place of origin, political opinions, colour, 104. Re-appointment and concurrent appointments. creed or sex, but subject to respect for the rights and freedoms of 105. Interpretation. 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 pro- perty and from deprivation of property without THE SCHEDULE compensation, ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limita- PART 1 tion,s,of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights Provisions of Constitution referred to in section 38(3) andfreedoms by any person does not prejudice the rights and freedoms of others or the public interest. PART 2 Provisions of Supreme Court Order referred to in section 38(3) 2~ (1) No person shall be deprived of his life intentionally save in Protection of execution of the sentence of a court in respect of a criminal offence right to life. WHEREAS the Peoples of the Islands of Saint Vincent, who are under any law of which he has been convicted.