At the Court at Buckingham Palac

At the Court at Buckingham Palace, the 23rd day of July, 1962

Present,

The Queen's Most Excellent Majesty In Council

Her Majesty, by virtue and in exercise of the powers in that behalf by subsection (1) of section 5 of the West Indies Act, 1962 or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -

1. This Order may be cited as the Jamaica (Constitution) Order in Council 1962.

2. Subject to the provisions of subsection (2) of section 3 of this Order, this Order shall come into operation immediately before the appointed day (in this Order referred to as "the commencement of this Order"):

Provided that where by or under this Order the Governor-General has power to make any appointment or to make any Order or to do any other thing for the purposes of this Order that power may be exercised by the Governor of the Colony of Jamaica at any time after the twenty-fourth day of July, 1962 to such extent as may, in his opinion, be necessary or expedient to enable the Constitution established by this Order to function as from the commencement of this Order.

1. The Orders in Council specified in the First Schedule to this Order (hereinafter referred to as "the existing Orders") are hereby revoked.

2. Notwithstanding the revocation of the existing Orders the following Regulations-

a. the Public Service Regulations, 1961,

b. the Judicial Service Regulations, 1961,

c. the Police Service Regulations, 1961, and

d. the Jamaica (Constitution) (Retirement of Entitled Officers) Regulations,1961, made thereunder and all amendments thereto shall continue in force subject to such adaptations or modifications as may be made thereto by or under section 4 of this Order and subject to amendment or repeal by the authority having power to amend or revoke the same.

3. With effect from the commencement of this Order paragraph (f) (which specifies Jamaica) of the definition of the "the Territories" in subsection (1) of section 2 of the British Caribbean Court of Appeal Order in Council 1962 is revoked.

1. Subject to the provisions of subsection (2) of this section and the other provisions of this Order, the Constitution of Jamaica set out in the Second Schedule to this Order (in this Order referred to as "the Constitution") shall come into force in Jamaica at the commencement of this Order.

2. This subsection and the following provisions of the Constitution-

a. sections 80 and 81,

b. subsections (1) and (2) of section 94,

c. sections 103 and 104,

d. section 111,

e. section 124, section 125 to the extent only as to enable a Director of Public Prosecutions to be appointed before the appointed day, shall come into force in Jamaica on the twenty-fifth day of July 1962:

Provided that in relation to any period prior to the appointed day references in these provisions of the Constitution-

a. to the Governor-General and the Prime Minister shall be construed as references to the Governor and Premier respectively of the Colony of Jamaica;

b. to Parliament and to the House of Representatives shall be construed as references to the Legislature and the House of Representatives constituted under the existing Orders; and

c. to the Chief Justice or a Judge of the Supreme Court shall be construed as references to the Chief Justice or a Judge of the Supreme Court holding office under the existing Orders.

1. All laws which are in force in Jamaica immediately before the appointed day shall (subject to amendment or repeal by the authority having power to amend or repeal any such law) continue in force on and after that day, and all laws which have been made before that day but have not previously been brought into operation may (subject as aforesaid) be brought into force, in accordance with any provision in that behalf, on or after that day, but all such laws shall, subject to the provisions of this section, be construed, in relation to any period beginning on or after the appointed day, with such adaptations and modifications as may be necessary to bring them into conformity with the provisions of this Order.

2. Without prejudice to the generality of the preceding subsection, in any law which continues in force on and after the appointed day or which, having been made before that day, is brought into force on or after that day, unless the context other wise requires-

a. references to the Governor shall, in relation to any period beginning on or after the appointed day, be construed as references to the Governor-General;

b. references to the Legislature or to either chamber thereof shall, in relation to any period as aforesaid, be construed as references to the Parliament, or to the corresponding House thereof, established by the Constitution;

c. references to any office (or to the person holding or acting in it) connected with either chamber of the Legislature shall, in relation to any such period as aforesaid be construed as references to the corresponding office (or the person holding or acting in it) constituted by or under the Constitution;

d. references to the Cabinet, to the premier or to any other Minister shall, in relation to any such period as aforesaid, be construed as references respectively to the Cabinet established by the Constitution to the Prime Minister appointed for the time being under the Constitution and to the corresponding Minister so appointed;

e. references to the Secretary to the Cabinet shall, in relation to any such period as aforesaid, be construed as references to the Secretary to the Cabinet established by the Constitution;

f. references to the Privy Council shall, in relation to any such period as aforesaid, be construed as references to the Privy Council established by the Constitution;

g. references to the Judicial Service Commission, the Public Service Commission or the Police Service Commission shall, in relation to any such period as aforesaid, be construed as references respectively to the Judicial Service Commission, the Public Service Commission or the Police Service Commission established by the Constitution;

h. references to any other office (or to the person holding or acting in it) constituted by or under the existing Orders or to any other authority or body so constituted shall, in relation to any such period as aforesaid, be construed as references respectively to the corresponding office (or to the person holding or acting in it) or the corresponding authority or body constituted by or under the Constitution.

3. For the purposes of this Order the Senate is the corresponding House to the Legislative Council constituted under the existing Orders.

4. The Governor-General may, by Order published in the Gazette, declare-

a. for the purposes of paragraphs (c) and (h) of subsection (2) of this section, what is the corresponding office, authority or body referred to in either of those paragraphs; and

b. for the purposes of paragraph (d) of that subsection, who is the corresponding Minister referred to in that paragraph.

a. The Governor-General may, by Order made at any time within a period of two years commencing with the appointed day and published in the Gazette, make such adaptations and modifications in any law which continues in force in Jamaica on and after the appointed day, or which having been made before that day, is brought into force on or after that day, as appear to him to be necessary or expedient by reason of anything contained in this Order.

b. Without prejudice to the generality of paragraph (a) of this subsection any Order made thereunder may transfer to the Director of Public Prosecutions any function by any such law vested in the Attorney-General.

c. An Order made by the Governor-General under this subsection shall have effect from such date, not earlier than the appointed day, as may be specified therein.

Without prejudice to the provisions of the preceding section and for the avoidance of doubt, it is hereby declared that any resolution of the House of Representatives passed before the appointed day and any law enacted by the Legislature before that day (whether such resolution was passed or such law enacted before or after the making of this Order) relay have effect for the purposes of section 117 of the Constitution as if they were respectively a resolution of the House of Representatives established by the Constitution or a law enacted by the Parliament so established.

1. Notwithstanding any other provisions of this Order, the House of Representatives constituted under the existing Orders (in this section referred to as "the existing House of Representatives") shall be the House of Representatives of Jamaica during the period beginning with the commencement of this Order and ending with the first dissolution of Parliament thereafter.

2. The persons who immediately before the commencement of this Order are members of the existing House of Representatives shall be members of the House of Representatives established by this Order and as from that time shall be deemed to have been elected as such in pursuance of section 36 of the Constitution and shall hold their seats in that House in accordance with the provisions of the Constitution.

3. The persons who immediately before the commencement of this Order are Speaker and Deputy Speaker of the existing House of Representatives shall be Speaker and Deputy Speaker respectively of the House of Representatives established by this Order and as from that time shall be deemed to have been elected as such in pursuance of section 43 of the Constitution and shall hold office in accordance with the provisions of the Constitution.

4. The Standing Orders of the existing House of Representatives as in force immediately before the commencement of this Order shall with such adaptations and modifications as may be necessary to bring them into conformity with this Order, be the first Standing Orders of the House of Representatives established by the Constitution as if they had been made in pursuance of section 51 of the Constitution.

5. Notwithstanding anything contained in subsection (2) of section 64 of the Constitution (but subject to the provisions of subsections (3) and (4) of that section) Parliament shall, unless sooner dissolved, stand dissolved on the tenth day of April 1967.

The Standing Orders of the Legislative Council constituted under the existing Orders as in force immediately before the commencement of this Order shall, with such adaptations and modifications as may be necessary to bring them into conformity with this Order, be the first Standing Orders of the Senate established by the Constitution as if they had been made in pursuance of section 51 of the Constitution.

Until other provision is made in that behalf, the salary and allowances payable to members of either House, the President and Deputy President of the Senate, the Speaker and Deputy Speaker of the House of Representatives, Ministers and Parliamentary Secretaries shall be those payable to the persons last holding the corresponding offices immediately before the commencement of this Order.

1. Any person who, immediately before the commencement of this Order holds office as Clerk or Deputy Clerk of the Legislative Council or of the House of Representatives shall, as from that time, hold the like office of Clerk or Deputy Clerk of the Senate or of the House of Representatives as if he had been appointed thereto under section 47 of the Constitution, and shall, until other provision is made in accordance with the provisions of that section, hold office on the same terms of service as applied to him immediately before the commencement of this Order.

2. Any other person who, immediately before the commencement of this Order holds an office on the staff of the Clerk of the Legislative Council or on the staff of the Clerk of the House of Representatives shall hold the like office on the staff of the Clerk of the Senate or on the staff of the Clerk of the House of Representatives as from that time as if he had been appointed thereto under section 47 of the Constitution.

10.

1. The person who, immediately before the commencement of this Order, holds the office of Premier shall, as from that time hold office as Prime Minister as if he had been appointed thereto under section 70 of the Constitution; the persons who, immediately before the commencement of this Order, are members of the House of Representatives and hold office as other Ministers shall, as from that time, similarly hold the like offices under the Constitution; and references in the Constitution to the Cabinet shall be construed accordingly.

2. Where any Minister who holds office as from the commencement of this Order under the provisions of the preceding subsection is, by virtue of a direction given under the existing Orders, charged immediately before the commencement of this Order with responsibility for any subject or department, he shall be deemed as from the commencement of this Order to have been charged with the responsibility for the corresponding subject or department of government under subsection (1) of section 77 of the Constitution.

11.

Any person who, immediately before the commencement of this Order, is a member of the House of Representatives and holds office as a Parliamentary Secretary shall, as from that time hold office as Parliamentary Secretary as if he had been appointed thereto under the provisions of section 78 of the Constitution.

12.

The person who, immediately before the commencement of this Order holds office as Secretary of the Cabinet shall, as from that time, hold office as Secretary to the Cabinet as if he had been appointed thereto under the provisions of section 92 of the Constitution.

13.

1. The Supreme Court in existence immediately before the commencement of this Order shall be the Supreme Court for the purposes of the Constitution, and the Chief Justice and other Judges of the Supreme Court holding office immediately before the commencement of this Order shall, as from that time, continue to hold the like offices as if they had been appointed thereto under the provisions of Chapter VII of the Constitution.

2. Until other provision is made under and in accordance with the provisions of section 101 of the Constitution, the salaries and allowances of the Judges of the Supreme Court shall be the salaries and allowances to which the holders of those offices were entitled immediately before the commencement of this Order.

14.

1. Any proceedings pending immediately before the commencement of this Order on appeal from the Supreme Court to the British Caribbean Court of Appeal may be continued after the commencement of this Order before the Court of Appeal established by the Constitution.

2. Any judgment of the Supreme Court of the Federation of The West Indies or of the British Caribbean Court of Appeal in an appeal from a court of Jamaica given but not satisfied, before the commencement Order, may be enforced after the commencement of this Order as if it were a judgment of the Court of Appeal established by the Constitution.

15.

The Court of Appeal established by the Constitution may have and exercise such jurisdiction and powers in respect of the Cayman Islands and the Turks and Caicos Islands as may be conferred upon it by any law for the time being in force in the Cayman Islands or the Turks and Caicos Islands, as the case may be, and may for the purpose of exercising that jurisdiction sit either in Jamaica or in the Cayman Islands or in the Turks and Caicos Islands as the case may be.

16.

Until provision is made under and in accordance with subsection (4) of section 120 of the Constitution, the salary and allowances of the Auditor-General shall be the salary and allowances to which the holder of that office was entitled immediately before the commencement of this Order.

17.

1. Where any office has been established for the former Colony of Jamaica by or under the existing Orders or any existing law, and the Constitution establishes the same or an equivalent office for Jamaica, not being the office of Prime Minister, Minister, or Parliamentary Secretary, any person who, immediately before the commencement of this Order, is holding or acting in the former office shall, so far as is consistent with the provisions of this Order, be deemed as from the commencement of this Order to have been appointed to or to act in the latter office in accordance with the provisions of this Order and to have taken any necessary oath under this Order.

2. Subject to the provisions of this Order, every person who, immediately before the commencement of this Order holds or is acting in a public office shall, as from that time, continue to hold or act in the like office as if he had been appointed thereto or to act therein in accordance with the provisions of this Order.

3. The provisions of this section shall be without prejudice to-

a. the provisions of section 6 of this Order; and

b. any powers conferred by or under this Order upon any person or authority to make provision for the abolition of offices and the removal of persons holding or acting in any office.

4. In this section "existing law" means such a law as is referred to in subsection (1) of section 4 of this Order.

18.

Any matter which, immediately before the commencement of this Order, is pending before the Privy Council established under the existing Orders shall as from the commencement of this Order, be continued before the Privy Council established by the Constitution.

19.

1. Any power of the Governor of the Colony of Jamaica acting on the recommendation of a Commission established by the existing Orders (in this section referred to as "an existing Commission") which has been validly delegated to any person or authority under those Orders shall, as from the commencement of this Order, be deemed to have been delegated to that person or authority in accordance with the provisions of the Constitution.

2. Any matter which, immediately before the commencement of this Order, is pending before an existing Commission or, as the case may be, before any person or authority to whom the power to deal with such matter has been validly delegated under the existing Orders shall as from the commencement of this Order be continued before the Judicial Service Commission established by the Constitution or the Public Service Commission or the Police Service Commission so established or, as the case may be, the said person or authority:

Provided that where an existing Commission or, as the case may be, any person or authority as aforesaid has, immediately before the commencement of this Order, partly completed the hearing of a disciplinary proceeding (in this section referred to as "the original hearing"), no person shall take part in the continued hearing unless he has also taken part in the original hearing; and where by virtue of this subsection the original hearing cannot be so continued the hearing of the disciplinary proceedings shall be recommenced.

20.

1. Any person who, immediately before the commencement of this Order, holds any office established by or under the existing Orders and who does not, as from the date of such commencement, hold any public office shall be entitled to the leave, beginning with the commencement of this Order, for which under the terms of service applicable to him immediately before the commencement of this Order he was then eligible:

Provided that if any such person holds, or is acting in, as from the commencement of this Order, any office established by or under the Constitution, the leave to which he is entitled under this section shall begin when he relinquishes that office.

2. When any person is on leave under the provisions of subsection (1) of this section, he shall be regarded as still in the office which he held immediately before the commencement of this Order.

21.

1. Parliament may alter any of the provisions of sections 1 to 22 (inclusive), other than section 15, of this Order including this section in the same manner as it may alter the provisions of the Jamaica Independence Act, 1962.

2. Parliament may amend from time to time or repeal, in so far as it forms part of the law of Jamaica, section 15 of this Order by an Act passed in accordance with the provisions of paragraph (b) of subsection (4) of section 49 of the Constitution.

22.

1. In this Order references to any body or to any office shall be construed, in relation to any period before the commencement of this Order, as references to such body or such office as constituted by or under the existing Orders, and references to the holder of any office shall be similarly construed.

2. The provisions of section 1 of the Constitution shall apply for the purposes of interpreting this Order as they apply for interpreting the Constitution.

Chapter I Preliminary

1. In this Constitution unless it is otherwise provided or the context otherwise requires-

– "Act of Parliament" means any law made by Parliament;

– "the appointed day" means the sixth day of August, 1962;

– "the Broad Seal" means the Broad Seal of Jamaica;

– "the Cabinet" means the Cabinet established by section 69 of this

– Constitution;

– "the Clerk" and "the Deputy Clerk" mean respectively the Clerk and

– the Deputy Clerk of either House, as the context may require;

– "the Commonwealth" means Jamaica, any country to which section

– 9 of this Constitution applies and any dependency of any such country;

– "the Consolidated Fund" means the Consolidated Fund established

– by section 114 of this Constitution;

– "constituency" means an area of Jamaica having separate

– representation in the House of Representatives;

– "defence force" means any naval, military or air force of the Crown

– in right of the Government of Jamaica;

– "the financial year" means the twelve months ending on the 31st

– day of March in any year or on such other date as may from time

– to time be prescribed by Act of Parliament;

– "the Gazette" means the Jamaica Gazette;

– "House" means either the Senate or the House of Representatives

– as the context may require;

– "Jamaica" has the meaning attributed to that expression in the

– Jamaica Independence Act, 1962;

– "law" includes any instrument having the force of law and any

– unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly;

– "oath of allegiance" means the oath of allegiance set out in the First

– Schedule to this Constitution;

– "Parliament" means the Parliament of Jamaica;

– "police officer" means a member of the Jamaica Constabulary Force

– or any force, by whatever name called, for the time being

– succeeding to the functions of the Jamaica Constabulary Force;

– "the President" and "the Deputy President" mean respectively the

– President and the Deputy President of the Senate elected under section 42 of this Constitution;

– "Privy Council" means the Privy Council established by section 82 of

– this Constitution;

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

– "public officer" means the holder of any public office and includes

– any person appointed to act in any such office;

– "the public service" means, subject to the provisions of subsections

– (5) and (6) of this section, the service of the Crown in a civil capacity in respect of the Government of Jamaica (including service as a member of the Judicial Service Commission, the Public Service Commission or the Police Service Commission) and includes public service in respect of the former Colony of Jamaica;

– "session" means, in relation to a House, the sittings of that House commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;

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

– "the Speaker" and "the Deputy Speaker" mean respectively the Speaker and Deputy Speaker elected under section 43 of this Constitution.

2. Save where this Constitution otherwise provides or the context otherwise requires-

a. any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment on promotion or transfer to that office and to the appointment of a person to perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; and

b. any reference in this Constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office.

3. Where by this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.

4. For the purposes of this Constitution a person shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of public service.

5. If it is provided by any law for the time being in force that an office (not being an office constituted by this Constitution) shall not be a public office for the purposes of Chapter V of this Constitution, this Constitution shall have effect accordingly as if that provision of that law were enacted herein.

6. In this Constitution "the public service" does not include service in the office of Governor-General, President, Deputy President, Speaker, Deputy Speaker, Minister, Parliamentary Secretary, Leader of the Opposition, Senator, member of the House of Representatives, member of the Privy Council, Judge of the Supreme Court or Judge of the Court of Appeal or Clerk or Deputy Clerk of either House or service on the personal staff of the Governor-General or, subject to the provisions of section 79 of this Constitution, service in the office of Attorney-General.

7. 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-

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

b. 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.

8. Where any power is conferred by this Constitution to make any Proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such Proclamation, order or directions.

9. 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 exercising any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law.

10. Any reference in this Constitution to a law enacted before the commencement of this Constitution shall, unless the context otherwise requires, be construed as a reference to that law as in force immediately before the appointed day.

11. Where a person is required by this Constitution to make an oath he shall be permitted, if he so desires, to comply with that requirement by making an affirmation.

12. The Interpretation Act, 1889 as in force on the appointed day, 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 Parliament of the United Kingdom.

Subject to the provisions of sections 49 and 50 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

Chapter II Citizenship

1. A person may, in accordance with the provisions of this Chapter, become a citizen of Jamaica by -

a. birth;

b. descent; or

c. registration as a citizen of Jamaica based on marriage to a citizen of Jamaica.

2. Parliament may make provision for the acquisition of citizenship of Jamaica by persons who do not become citizens of Jamaica by virtue of the provisions of this Chapter.

3. Subsection (1) shall not affect the right of any person who, before the 26th day of March, 1999, was entitled to Jamaican citizenship by virtue of any provision of the Constitution in force before that date.

3A. 1. A person-

a. who was born outside Jamaica before the sixth day of August 1962;

b. who was not before the 1st day of March 1993, entitled to Jamaican citizenship by virtue of any provisions of this Constitution in force before that date; and

c. whose father or mother, on the sixth day of August 1962, became or would but for his or her death have become a citizen of Jamaica in accordance with subsection (1) of section 3,

shall become a citizen of Jamaica on the 1st day of March 1993.

2. Subsection (1) shall not affect the rights of any person who, before the 1st day of March 1993, was entitled to Jamaican citizenship by virtue of any provision of this Constitution which was in force before that date.

3B. 1. Every person born in Jamaica shall become a citizen of Jamaica –

a. on the sixth day of August, 1962, in the case of a person born before that date;

b. on the date of his birth, in the case of a person born on or after the sixth day of August, 1962.

2. A person shall be deemed to be born in Jamaica -

a. if he is born on a ship or aircraft registered in Jamaica or belonging to the Government; or

b. if at the time of his birth his mother –

i. is a citizen of Jamaica residing in a country other than Jamaica by reason of her employment in the diplomatic service of Jamaica; or

ii. whether or not a citizen of Jamaica, is residing in a country other than Jamaica by reason of her being married to a citizen of Jamaica who is residing in that country by reason of his employment in the diplomatic service of Jamaica.

3. A person shall not become a citizen of Jamaica by virtue of this section if at the time of his birth -

a. his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty in right of her government in Jamaica and neither of his parents is a citizen of Jamaica; or

b. his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.

3C. Every person born outside Jamaica shall become a citizen of Jamaica –

a. on the sixth day of August, 1962, in the case of a person born before that date; or

b. on the date of his birth, in the case of a person born on or after the sixth day of August, 1962,

if, at that date, his father or mother is a citizen of Jamaica by birth, descent or registration by virtue of marriage to a citizen of Jamaica.

1. Any man or woman who, on the fifth day of August 1962, is or had been married to a person -

a. who becomes a citizen of Jamaica by virtue of section 3 of this Constitution; or

b. who, having died before the sixth day of August 1962 would but for that person's death, have become a citizen of Jamaica by virtue of that section, shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.

2. Any person who, on the fifth day of August 1962, is a citizen of the United Kingdom and Colonies-

a. having become such a citizen under the British Nationality Act, 1948, by virtue of his having been naturalised in the former Colony of Jamaica as a British subject, before that Act came into force; or

b. having become such a citizen by virtue of his having been naturalised or registered in the former Colony of Jamaica under that Act, shall be entitled, upon making application before the sixth day of August 1964, in such manner as may be prescribed, to be registered as a citizen of Jamaica:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian.

3. Any man or woman who on the fifth day of August 1962 is or has been married to a person who subsequently becomes a citizen of Jamaica by registration under subsection (2) of this section shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance to be registered as a citizen of Jamaica.

5. Repealed by Act 18/1999

6. Repealed by Act 18/1999

1. Any man or woman who, after the fifth day of August 1962, marries a

person who is or becomes a citizen of Jamaica shall, subject to subsection (2), be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.

2. A person may be denied registration under this section if -

a. there is satisfactory evidence that –

i. the marriage was entered into primarily for the purpose of enabling that person to acquire Jamaican citizenship; or

ii. the parties to the marriage have no intention to live permanently with each other as spouses, after the marriage;

b. the person has been convicted in any country of a criminal offence specified in any law which makes provision for such denial on the ground of such conviction.

3. Subsection (2) shall not affect the right of any person who, before the 26th day of March, 1999, was entitled to apply for Jamaican citizenship by virtue of any provision of this Constitution in force before that date.

1. No person who is a citizen of Jamaica by virtue of section 3 (1) (a), (b) or (c) shall be deprived of his citizenship of Jamaica.

2. A person who is a citizen of Jamaica other than by virtue of 3 (1), (a), (b) or (c), shall not be deprived of his citizenship except by or under the provisions of a law -

a. specifying the grounds on which such deprivation may take place and the procedure for such deprivation; and

b. securing to any person affected thereby a right of access to the Supreme Court for the purpose of reviewing the decision to deprive him of his right to such citizenship.

1. Every person who under this Constitution or any Act of Parliament is a citizen of Jamaica or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

2. Every person who is a British subject without citizenship under the British Nationality Act, 1948, or who continues to be a British subject under section 2 of that Act shall by virtue of that status have the status of a Commonwealth citizen.

3. Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and Colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, the Federation of Malaya, the Federation of Nigeria, the Republic of Cyprus, Sierra Leone, Tanganyika, the Federation of Rhodesia and Nyasaland and the State of Singapore.

10.

A Commonwealth citizen who is not a citizen of Jamaica, or a citizen of the Republic of Ireland who is not a citizen of Jamaica, shall not be guilty of an offence against any law in force in Jamaica by reason of anything done or omitted in any part of the Commonwealth other than Jamaica or in the Republic of Ireland or in any foreign country unless-

a. the act or omission would be an offence if he were an alien; and

b. in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.

11.

Parliament may make provision-

a. Deleted by Act 18/1999

b. prescribing the grounds on which and the procedure whereby a person may be deprived of his citizenship of Jamaica;

c. for the renunciation by any person of his citizenship of Jamaica.

12.

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;

– "foreign country" means a country (other than the Republic of Ireland) that is not part of the Commonwealth;

– "prescribed" means prescribed by or under any Act of Parliament.

2. Deleted by Act 6 of 1993

3. 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.

4. Any reference in this Chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after the death of his parent, be construed as a reference to the national status of the parent at the time of that parent's death; and where that death occurred before the fifth day of August, 1962, the national status that the parent would have had if he or she had died on the sixth day of August, 1962, shall be deemed to be his or her national status at the time of death.

Chapter III Fundamental Rights and Freedoms

13.

Whereas every person in Jamaica is entitled to the fundamental rights and freedoms of the individual, that is to say, has 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, the enjoyment of property and the protection of the law;

b. freedom of conscience, of expression and of peaceful assembly and association; and

c. respect for his private and family life, the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid 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 individual does not prejudice the rights and freedoms of others or the public interest.

14.

1. No person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

2. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, 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 of force to such extent as is reasonably justifiable in the circumstances of the case -

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 lawfully to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.

15.

1. No person shall be deprived of his personal liberty save as may in any of the following cases be authorised by law-

a. in consequence of his unfitness to plead to a criminal charge; or

b. in execution of the sentence or order of a court, whether in Jamaica or elsewhere, in respect of a criminal offence of which he has been convicted; or

c. in execution of an order of the Supreme Court or of the Court of Appeal or such other court as may be prescribed by Parliament on the grounds of his contempt of any such court or of another court or tribunal; or

d. in execution of the order of a court made in order to secure the fulfillment of any obligation imposed on him by law; or

e. for the purpose of bringing him before a court in execution of the order of a court; or

f. upon reasonable suspicion of his having committed or of being about to commit a criminal offence; or

g. in the case of a person who has not attained the age of twenty-one years, for the purpose of his education or welfare; or

h. for the purpose of preventing the spread of an infectious or contagious disease; or

i. 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; or

j. for the purpose of preventing the unlawful entry of that person into Jamaica, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Jamaica or the taking of proceedings relating thereto; or

k. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Jamaica 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 relating to the making of any such order, 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 Jamaica in which, in consequence of any such order, his presence would otherwise be unlawful.

2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language which he understands, of the reasons for his arrest or detention.

3. Any person who is arrested or detained-

a. for the purpose of bringing him before a court in execution of the order of a court; or

b. upon reasonable suspicion of his having committed or being about to commit a criminal offence, and who is not released, shall be brought without delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable question authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.

6. If any person who is lawfully detained by virtue only of such a law as is referred to in subsection (5) of this section so requests at any time during the period of that detention not earlier than six months after he last made such a request during that period, 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 of Jamaica from among the persons entitled to practice or to be admitted to practice in Jamaica as barristers or solicitors.

7. On any review by a tribunal in pursuance or subsection (6) of this section of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom 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.

16.

1. No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout Jamaica, the right to reside in any part of Jamaica, the right to enter Jamaica and immunity from expulsion from Jamaica.

2. Any restriction on a person's freedom of movement which 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-

a. which is reasonably required in the interests of defence, public safety, public order, public morality or public health; or

b. for the imposition of restrictions on the movement or residence within Jamaica of any person who is not a citizen thereof or the exclusion or expulsion from Jamaica of any such person; or

c. for the imposition of restrictions on the acquisition or use by any person of land or other property in Jamaica; or

d. for the imposition of restrictions upon the movement or residence within Jamaica of public officers, police officers or members of a defence force; or

e. for the removal of a person from Jamaica to be tried outside Jamaica for a criminal offence or to undergo imprisonment outside Jamaica in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

4. If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in paragraph (a) of subsection (3) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such a request during that period, 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 of Jamaica from among the persons entitled to practice or to be admitted to practice in Jamaica as barristers or solicitors.

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 continuing that restriction to the authority by whom 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.

17.

1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

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 authorise the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day.

18.

1. No property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except by or under the provisions of a law that-

a. prescribes the principles on which and the manner in which compensation therefore is to be determined and given; and

b. secures to any person claiming an interest in or right over such property a right of access to a court for the purpose of-

i. establishing such interest or right (if any);

ii. determining the amount of such compensation (if any) to which he is entitled; and

iii. enforcing his right to any such compensation.

2. Nothing in this section shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property-

a. in satisfaction of any tax, rate or due:

b. by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence;

c. upon the attempted removal of the property in question out of or into Jamaica in contravention of any law;

d. by way of the taking of a sample for the purposes of any law;

e. where the property consists of an animal upon its being found trespassing or straying;

f. as an incident of a lease, tenancy, licence, mortgage, charge, bill of sale, pledge or contract;

g. by way of the vesting or administration of trust property, enemy property, or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or unincorporate in the course of being wound up;

h. in the execution of judgments or orders of courts;

i. by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;

j. in consequence of any law with respect to the limitation of actions;

k. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon-

i. of work of soil conservation or the conservation of other natural resources; or

ii. of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable and lawful excuse refused or failed, to carry out.

3. Nothing in this section shall be construed as affecting the making or operation of any law so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

4. Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no monies have been invested other than monies provided by Parliament or by the Legislature of the former Colony of Jamaica.

5. In this section "compensation" means the consideration to be given to a person for any interest or right which he may have in or over property which has been compulsorily taken possession of or compulsorily acquired as prescribed and determined in accordance with the provisions of the law by or under which the property has been compulsorily taken possession of or compulsorily acquired.

19.

1. Except with his own consent, no person shall be subject 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 which is reasonably required-

a. in the interests of defence, public safety, public order, public morality, public health, public revenue, town and country planning or the development and utilisation of any property in such a manner as to promote the public benefit; or

b. to enable any body corporate established by any law for public purposes or any department of the Government of Jamaica or any local government authority to enter on the premises of any person in order to carry out work connected with any property or installation which is lawfully on such premises and which belongs to that body corporate or that Government or that authority, as the case may be; or

c. for the purpose of preventing or detecting crime; or

d. for the purpose of protecting the rights or freedoms of other persons.

20.

1. Whenever any person is charged with a criminal offense he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

2. Any court or other authority prescribed by law for the determination of the existence or the extent of civil rights or obligations 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.

3. All proceedings of every court and proceedings relating to the determination of the existence or the extent of a person's civil rights or obligations before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public.

4. Nothing in subsection (3) of this section shall prevent any court or any authority such as is mentioned in that subsection from excluding from the proceedings persons other than the parties thereto and their legal representatives-

a. in interlocutory civil proceedings; or

b. in appeal proceedings under any law relating to income tax; or

c. to such extent as the court or other authority-

i. may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or

ii. may be empowered or required by law to do so in the interests of defence, public safety, public order, public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings.

5. Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty:

Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular facts.

6. Every person who is charged with a criminal offence –

a. shall be informed as soon as reasonably practicable, in a language which he understands, of the nature of the offence charged;

b. shall be given adequate time and facilities for the preparation of his defence;

c. shall be permitted to defend himself in person or by a legal representative of his own choice;

d. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court and to obtain the attendance of witnesses, subject to the payment of their reasonable expenses, and carry out the examination of such witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

e. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the English language.

7. No person shall be held to be guilty of a criminal offence on account of any act or omission which did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed.

8. No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall 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 made in the course of appeal proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence:

Provided that nothing in any law shall be held to be inconsistent with or in contravention of this subsection by reason only that it authorises any court to try a member of a defence force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under service law; but 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 service law.

9. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of any provision of this section other than subsection (7) thereof to the extent that the law in question authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.

10. In paragraphs (c) and (d) of subsection (6) of this section "legal representative" means a barrister entitled to practice as such in Jamaica or, except in relation to proceedings before a court in which a solicitor has no right of audience, a solicitor who is so entitled.

21.

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes 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 minor, the consent of his parent or guardian), no person attending any place of education shall 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 or a religious body or denomination other than his own.

3. The constitution of a religious body or denomination shall not be altered except with the consent of the governing authority of that body or denomination.

4. No religious body or denomination shall be prevented from providing religious instruction for persons of that body or denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.

5. No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

6. 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-

a. in the interests of defence, public safety, public order, public morality or public health; or

b. for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion.

22.

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence and other means of communication.

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-

a. which is reasonably required-

i. in the interests of defence, public safety, public order, public morality or public health; or

ii. 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 telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or

b. which imposes restrictions upon public officers, police officers or upon members of a defence force.

23.

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully 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 -

a. which is reasonably required-

i. in the interests of defence, public safety, public order, public morality or public health; or

ii. for the purpose of protecting the rights or freedoms of other persons; or

b. which imposes restrictions upon public officers, police officers or upon members of a defence force.

24.

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision which is discriminatory either of itself or in its effect.

2. Subject to the provisions of subsection (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person 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 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 -

a. with respect to persons who are not citizens of Jamaica; or

b. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or

c. for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or

d. for the imposition of taxation or appropriation of revenue by the Government of Jamaica or any local authority or body for local purposes.

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 qualifications for service as a public officer, police officer or as a member of a defence force or for the service of a local government authority or a body corporate established by any law for public purposes.

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 (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 16, 19, 21, 22 and 23 of this Constitution, being such a restriction as is authorised by paragraph (a) of subsection (3) of section 16, subsection (2) of section 19, subsection (6) of section 21, subsection (2) of section 22 or subsection (2) of section 23, 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.

25.

1. Subject to the provisions of subsection (4) of this section, if any person alleges that any of the provisions of sections 14 to 24 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.

2. The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1) of this section and may make such 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 the said sections 14 to 24 (inclusive) to the protection of which the person concerned is entitled:

Provided that the Supreme Court shall not 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. Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal.

4. Parliament may make provision, or may authorise the making of provision, with respect to the practice and procedure of any court for the purposes of this section and may confer upon that court such powers, or may authorise the conferment thereon of such powers, in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.

26.

1. In this Chapter, save where the context otherwise requires, the following expressions have the following meanings respectively, that is to say-

– "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 in Jamaica other than a court constituted by or under service law and-

i. in section 14, section 15, section 16, subsections (3), (4), (6), (8) (but not the provision thereto) and (10) of section 20, and subsection (8) of section 24 of this Constitution includes, in relation to an offence against service law, a court so constituted; and

ii. in section 15 and subsection (8) of section 24 of this Constitution includes, in relation to an offence against service law, an officer of a defence force, or the Police Service Commission or any person or authority to whom the disciplinary powers of that Commission have been lawfully delegated;

– "member", in relation to a defence force or other armed force,

– includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

– "service law" means the law regulating the discipline of a defence force or of police officers.

2. References in sections 14, 15, 16 and 18 of this Constitution to a "criminal offence" shall be construed as including references to an offence against service law and such references in subsections (5) to (9) (inclusive) of section 20 of this Constitution shall, in relation to proceedings before a court constituted by or under service law, be similarly construed.

3. Nothing done by or under the authority of the law of any country other than Jamaica to a member of an armed force raised under that law and lawfully present in Jamaica shall be held to be in contravention of this Chapter.

4. In this Chapter "period of public emergency" means any period during which-

a. Jamaica is engaged in any war; or

b. there is in force a Proclamation by the Governor-General declaring that a state of public emergency exists; or

c. there is in force a resolution of each House supported by the votes of a majority of all the members of that House declaring that democratic institutions in Jamaica are threatened by subversion.

5. A Proclamation made by the Governor-General shall not be effective for the purposes of subsection (4) of this section unless it is declared therein that the Governor-General is satisfied-

a. that a public emergency has arisen as a result of the imminence of a state of war between Jamaica and a foreign State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to the foregoing or not; or

b. that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

6. A Proclamation made by the Governor-General for the purposes of and in accordance with this section -

a. shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding twelve months, as the House of Representatives may determine by a resolution supported by the votes of a majority of all the members of the House;

b. may be extended from time to time by a resolution passed in like manner as is prescribed in paragraph (a) of this subsection for further periods, not exceeding in respect of each such extension a period of twelve months; and

c. may be revoked at any time by a resolution supported by the votes of a majority of all the members of the House of Representatives.

7. A resolution passed by a House for the purposes of subsection (4) of this section may be revoked at any time by a resolution of that House supported by the votes of a majority of all the members thereof.

8. Nothing contained in any law in force immediately before the appointed day shall be held to be inconsistent with any of the provisions of this Chapter; and nothing done under the authority of any such law shall be held to be done in contravention of any of these provisions.

9. For the purposes of subsection (8) of this section a law in force immediately before the appointed day shall be deemed not to have ceased to be such a law by reason only of-

a. any adaptations or modifications made thereto by or under section 4 of the Jamaica (Constitution) Order in Council, 1962, or

b. its reproduction in identical form in any consolidation or revision of laws with only such adaptations or modifications as are necessary or expedient by reason of its inclusion in such consolidation or revision.

Chapter IV The Governor-General

27.

There shall be a Governor-General of Jamaica who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Jamaica.

28.

A person appointed to the office of Governor-General shall, before entering upon the duties of that office, take and subscribe the oaths of allegiance and for the due execution of the office of Governor-General in the forms set out in the First Schedule to this Constitution.

29.

1. Whenever the office of Governor-General is vacant or the holder of the office is absent from Jamaica 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 or, if there is no such person in Jamaica so appointed and able to perform those functions, by the Chief Justice of Jamaica.

2. Before assuming the functions of the office of Governor-General any such person as aforesaid shall take and subscribe the oaths directed by section 28 of this Constitution to be taken and subscribed by the Governor-General.

3. The Governor-General shall not, for the purposes of this section, be regarded as absent from Jamaica or as unable to perform the functions of the office of Governor-General-

a. by reason only that he is in passage from one part of Jamaica to another; or

b. at any time when there is a subsisting appointment of a deputy under section 30 of this Constitution.

30.

1. Whenever the Governor-General-

a. has occasion to be absent from the seat of Government but not from Jamaica, or

b. has occasion to be absent from Jamaica for a period which he has reason to believe will be of short duration: or

c. is suffering from an illness that he has reason to believe will be of short duration, he may, on the advice of the Prime Minister, by instrument under the Broad Seal, appoint any person in Jamaica 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 that instrument.

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 a deputy shall conform to and observe all instructions that the Governor-General may from time to time address to him: Provided that the question whether or not a deputy has conformed to or observed any such instructions shall not be enquired into in any court.

3. A person appointed as a 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 on the advice of the Prime Minister.

31.

1. Parliament may from time to time prescribe the offices that are to constitute the personal staff of the Governor-General, the salaries and allowances that are to be paid to the members of that staff and the other sums that are to be paid in respect of the expenditure attaching to the office of Governor-General.

2. Any salaries or other sums prescribed under subsection (1) of this section shall be charged on and paid out of the Consolidated Fund.

3. Subject to the provisions of subsection (4) of this section, the power to make appointments to the offices for the time being prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the Governor-General, and to remove and to exercise disciplinary control over persons holding or acting in any such offices, shall vest in the Governor-General acting in his discretion.

4. The Governor-General acting in his discretion, may appoint to any of the offices prescribed under subsection (1) of this section such public officers as he may select from a list submitted by the Public Service Commission, but-

a. the provisions of subsection (3) of this section shall apply in relation to an officer so appointed as respects his service on the personal staff of the Governor-General but not as respects his service as a public officer;

b. an officer so appointed shall not, during his continuance on the personal staff of the Governor-General, perform the functions of any public office; and

c. an officer so appointed may at any time be appointed by the Governor-General, if the Public Service Commission so recommend, to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the Governor-General, but the Governor-General may, in his discretion, decline to release the officer for that appointment.

5. All offices prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the Governor-General shall, for the purposes of sections 40, 41, 111, 124, 129, 132, 133 and 134 of this Constitution be deemed to the public offices.

32.

1. The Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet in the exercise of his functions other than-

a. any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; and

b. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.

2. Where the Governor-General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation: Provided that-

a. before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and

b. if that person or authority, having reconsidered the original recommendation under the preceding paragraph, substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation.

3. Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.

4. Where the Governor-General is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, or on the representation of, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.

5. Where the Governor-General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition the following steps shall be taken: -

a. the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor-General;

b. the Governor-General shall then inform the Leader of the Opposition of this recommendation and if the Leader of the Opposition concurs therein the Governor-General shall act in accordance with such recommendation;

c. if the Leader of the Opposition does not concur in the recommendation the Governor-General shall so inform the Prime Minister and refer the recommendation back to him;

d. the Prime Minister shall then advise the Governor-General and the Governor-General shall act in accordance with that advice.

6. 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 Jamaica and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.

33.

The Governor-General shall keep and use the Broad Seal for sealing all things whatsoever that shall pass under the said Seal.

Chapter V Parliament

Part I Composition of Parliament

34.

There shall be a Parliament of Jamaica which shall consist of Her Majesty, a Senate and a House of Representatives.

35.

1. The Senate shall consist of twenty-one persons who being qualified for appointment as Senators in accordance with this Constitution have been so appointed in accordance with the provisions of this section.

2. Thirteen Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, by instrument under the Broad Seal.

3. The remaining eight Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition, by instrument under the Broad Seal.

36.

The House of Representatives shall consist of persons who, being qualified for election as members in accordance with the provisions of this Constitution, have been so elected in the manner provided by or under any law for the time being in force in Jamaica and who shall be known as "Members of Parliament".

37.

1. Subject to the provisions of subsection (2) of this section a person shall be qualified to be registered as an elector for elections to the House of Representatives if, and shall not be so qualified unless, he is -

a. a citizen of Jamaica resident in Jamaica at the date of registration, or

b. Commonwealth citizen (other than a citizen of Jamaica) who is resident in Jamaica at the date of registration and who has been so resident for at least twelve months immediately preceding that date, and has attained the prescribed age.

2. No person shall be qualified to be registered as an elector for elections to the House of Representatives who -

a. is under sentence of death imposed on him by a court in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court or is under such a sentence of imprisonment the execution of which is suspended; or

b. is disqualified for such registration by or under any law for the time being in force in Jamaica because he has been convicted of any offence connected with the election of members of the House of Representatives or of any local authority or body for local purposes; or

c. is, under any law for the time being in force in Jamaica, certified to be insane or otherwise adjudged to be of unsound mind or detained as a criminal lunatic; or

d. is disqualified for such registration by any law for the time being in force in Jamaica by reason of his holding, or acting in, any office the functions of which involve responsibility for, or in connection with the election in the constituency in which such person would otherwise be entitled to vote.

3. In this section- "the prescribed age" means -

a. the age of twenty-one years, or

b. such other age being less than the age of twenty-one years but not less than the age of eighteen years that may from time to time be prescribed by a special Act; and "a special Act" means an Act of Parliament the Bill for which has been passed by both Houses and at the final vote thereon in each House has been supported by the votes of a majority of all the members of that House.

4. A special Act may be repealed or amended by another special Act and in no other manner.

38.

1. Any law for the time being providing for the election of members of the House of Representatives shall-

a. contain provisions designed to ensure that so far as is practicable any person entitled to vote at an election of members of the House of Representatives shall have a reasonable opportunity of so voting; and

b. contain provisions relating to the conduct of elections of members of the House of Representatives, including provisions relating to the identification of electors, designed to ensure that as far as is practicable no person shall vote at an election of a member of the House of Representatives-

i. who is not entitled to vote; or

ii. when he is not entitled to vote; or

iii. where he is not entitled to vote:

Provided that this paragraph shall not come into operation until the first day of January 1964.

2. No election of a member of the House of Representatives shall be called in question on the ground that the law under which that election was conducted was inconsistent with this section.

39.

Subject to the provisions of section 40 of this Constitution, any person, who at the date of his appointment or nomination for election-

a. a Commonwealth citizen of the age of twenty-one years or upwards; and

b. has been ordinarily resident in Jamaica for the immediately preceding twelve months, shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives and no other person shall be so qualified.

40.

1. No person shall be qualified for election as a member of the House of Representatives who-

a. is a member of the Senate;

b. is disqualified for election by any law for the time being in force in Jamaica by reason of his holding, or acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election, or any responsibility for the compilation or revision of any electoral register.

2. No person shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives who-

a. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;

b. holds or is acting in any public office or the office of Judge of the Supreme Court or Judge of the Court of Appeal or, save as is otherwise provided by Parliament, is a member of a defence force;

c. is a party to, or a partner in a firm or a director or manager of a company which to his knowledge is a party to, any contract with the Government of Jamaica for or on account of the public service, and has not-

i. in the case of appointment as a Senator, by informing the Governor-General; or

ii. in the case of election as a member of the House of Representatives, by publishing a notice in the Gazette within one month before the day of election, previously disclosed the nature of such contract and his interest or the interest of such firm or company therein;

d. subject to the provisions of subsection (3) of this section, is under sentence of death imposed on him by a court in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court or is under such a sentence of imprisonment the execution of which is suspended;

e. has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged;

f. is, under any law for the time being in force in Jamaica, certified to be insane or otherwise adjudged to be of unsound mind or detained as a criminal lunatic; or

g. is disqualified for membership of the House of Representatives by or under any law for the time being in force in Jamaica because he has been convicted of any offence connected with the election of members of that House or of any local authority or body for local purposes.

3. For the purposes of paragraph (d) of subsection (2) of this section-

a. where a person is serving two or more sentences of imprisonment that are required to be served consecutively he shall, throughout the whole time during which he so serves, be regarded as serving a sentence of or exceeding six months if (but not unless) any one of those sentences amounts to or exceeds that term; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

41.

1. The seat of a member of either House shall become vacant -

a. upon the next dissolution of Parliament after he has been appointed or elected;

b. if he resigns his seat;

c. if he is absent from sittings of the House for such period and in such circumstances as may be prescribed in the Standing Orders of the House;

d. if he ceases to be a Commonwealth citizen or takes any oath or makes any declaration or acknowledgment of allegiance, obedience or adherence to any foreign Power or State or does, concurs in or adopts any act done with the intention that he shall become a subject or citizen of any foreign Power or State;

e. if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for appointment or election as such by virtue of paragraph (b) or (g) of subsection (2) of section 40 of this Constitution;

f. if he becomes a party to any contract with the Government of Jamaica for or on account of the public service: Provided that –

i. if in the circumstances it appears to the Senate (in the case of a Senator) or to the House of Representatives (in the case of a member of that House) to be just so to do, the Senate, or the House of Representatives (as the case may be) may exempt any member from vacating his seat under the provisions of this paragraph, if that member, before becoming a party to such contract as aforesaid, discloses to the Senate or to the House of Representatives (as the case may be) the nature of such contract and his interest therein;

ii. if proceedings are taken under section 44 of this Constitution to determine whether a Senator or a member of the House of Representatives has vacated his seat under the provisions of this paragraph he shall be declared by the Court not to have vacated his seat if he establishes to the satisfaction of the Court that he, acting reasonably, was not aware that he was or had become a party to such contract;

g. if any firm in which he is a partner, or any company of which he is a director or manager, becomes a party to any contract with the Government of Jamaica for or on account of the public service or if he becomes a partner in a firm, or a director or manager of a company which is a party to any such contract:

Provided that –

i. if in the circumstances it appears to the Senate (in the case of a Senator) or to the House of Representatives (in the case of a member of that House) to be just so to do, the Senate or the House of Representatives (as the case may be) may exempt any Senator or member from vacating his seat under the provisions of this paragraph if that Senator or member, before or as soon as practicable after becoming interested in such contract (whether as a partner in a firm or as director or manager of a company), discloses to the Senate or to the House of Representatives (as the case may be) the nature of such contract and the interest of such firm or company therein;

ii. if proceedings are taken under section 44 of this Constitution to determine whether a Senator or a member of the House of Representatives has vacated his seat under the provisions of this paragraph, he shall be declared by the Court not to have vacated his seat if he establishes to the satisfaction of the Court that he, acting reasonably, was not aware that the firm or company was or had become a party to such contract.

2. The seat of a member of the House of Representatives shall become vacant if -

a. he is appointed as a Senator; or

b. any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election as such by virtue of paragraph (b) of subsection (1) of section 40 of this Constitution.

a. Subject to the provisions of paragraph (b) of this subsection, if any member of either House is sentenced by a court in any part of the Commonwealth to death or to imprisonment (by whatever name called) for a term of or exceeding six months, he shall forthwith cease to exercise any of his functions as a member and his seat in the House shall become vacant at the expiration of a period of thirty days thereafter:

Provided that the President or the Speaker, as the case may be, may at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time exceeding in the aggregate three hundred and thirty days shall not be given without the approval, signified by resolution, of the House concerned.

b. If at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is substituted, his seat shall not become vacant under paragraph (a) of this subsection and he may resume the exercise of his functions as a member.

c. For the purposes of this subsection-

i. where a person is sentenced to two or more terms of imprisonment that are required to be served consecutively, account shall be taken only of any of those terms that amounts to or exceeds six months; and

ii. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

a. Subject to the provisions of paragraph (b) of this subsection, if any member of either House is adjudged or declared bankrupt, certified to be insane, adjudged to be of unsound mind or detained as a criminal lunatic, he shall forthwith cease to exercise any of his functions as a member and his seat in the House shall become vacant at the expiration of a period of thirty days thereafter:

Provided that the President or the Speaker, as the case may be, may at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue any appeal in respect of any such adjudication, certification or detention, so, however, that extensions of time exceeding in the aggregate one hundred and eighty days shall not be given without the approval, signified by resolution, of the House concerned.

b. If at any time before the member vacates his seat any such adjudication or certification is set aside or the detention of the member as a criminal lunatic is terminated, his seat shall not become vacant under paragraph (a) of this subsection and he may resume the exercise of his functions as a member.

42.

1. When the Senate first meets after any dissolution of Parliament and before it proceeds to the dispatch of any other business, it shall elect a Senator, not being a Minister or a Parliamentary Secretary, to be President; and whenever the office of President is vacant otherwise than by reason of a dissolution of Parliament, the Senate shall not later than its second sitting after the vacancy has arisen, elect any other such Senator to fill that office.

2. Upon the President's being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with the provisions of section 62 of this Constitution) make and subscribe before the Senate the oath of allegiance.

3. When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect one of its members, not being a Minister or a Parliamentary Secretary, to be Deputy President; and whenever the office of Deputy President becomes vacant, the Senate shall, as soon as convenient, elect another such member to fill that office.

4. A person shall vacate the office of President or Deputy President -

a. if he resigns that office;

b. if he ceases to be a member of the Senate: Provided that if the President or Deputy President ceases to be a member by reason of a dissolution of Parliament, he shall be deemed to continue in office for the purposes of section 47 of this Constitution until he resigns his office or vacates it otherwise than by reason of a dissolution of Parliament or until the office of President or, as the case may be, of Deputy President is filled;

c. if, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, he is required to cease to exercise any of his functions as a member of the Senate;

d. if he is appointed to be a Minister or a Parliamentary Secretary; or

e. in the case of the Deputy President, if he is elected to be President.

43.

1. When the House of Representatives first meets after any dissolution of Parliament, and before it proceeds to the dispatch of any other business, it shall elect one of its members, not being a Minister or a Parliamentary Secretary, to be Speaker; and whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, the House of Representatives shall, not later than its second sitting after the vacancy has arisen, elect another such member to fill that office.

2. Upon the Speaker's being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with the provisions of section 62 of this Constitution) make and subscribe before the House of Representatives the oath of allegiance.

3. When the House of Representatives first meets after any dissolution of Parliament it shall, as soon as practicable, elect one of its members, not being a Minister or a Parliamentary Secretary, to be Deputy Speaker; and whenever the office of Deputy Speaker becomes vacant, the House of Representatives shall, as soon as convenient, elect another such member to fill that office.

4. A person shall vacate the office of Speaker or Deputy Speaker -

a. if he resigns that office;

b. if he ceases to be a member of the House of Representatives: Provided that if the Speaker or Deputy Speaker ceases to be a member by reason of a dissolution of Parliament, he shall be deemed to continue in office for the purposes of section 47 of this Constitution until he resigns his office or vacates it otherwise than by reason of a dissolution of Parliament or until the office of Speaker or, as the case may be, Deputy Speaker is filled;

c. if, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, he is required to cease to exercise any of his functions as a member of the House of Representatives;

d. if he is appointed to be a Minister or a Parliamentary Secretary; or

e. in the case of the Deputy Speaker, if he is elected to be Speaker.

44.

1. Any question whether -

a. any person has been validly elected or appointed as a member of either House; or

b. any member of either House has vacated his seat therein or is required, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, to cease to exercise any of his functions as a member, shall be determined by the Supreme Court or, on appeal, by the Court of Appeal whose decision shall be final, in accordance with the provisions of any law for the time being in force in Jamaica and, subject to any such law, in accordance with any directions given in that behalf by the Chief Justice.

2. Proceedings for the determination of any question referred to in subsection (1) of this section may be instituted by any person (including the Attorney-General) and, where such proceedings are instituted by a person other than the Attorney-General, the Attorney-General if he is not a party thereto may intervene and (if he intervenes) may appear or be represented therein.

45.

a. Whenever the seat of any member of the Senate becomes vacant, the Governor-General shall, by instrument under the Broad Seal, appoint to fill the vacancy a person qualified in accordance with this Constitution for appointment as a Senator.

b. In making such an appointment the Governor-General shall, in any case where the member whose seat has become vacant –

i. was appointed on the advice of the Prime Minister, act in accordance with the advice of the Prime Minister; and

ii. was appointed on the advice of the Leader of the Opposition, act in accordance with the advice of the Leader of the Opposition.

2. Whenever the seat of any member of the House of Representatives becomes vacant the vacancy shall be filled by election in the manner provided by or under any Law for the time being in force in Jamaica.

46.

1. Any person who sits or votes in either House knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty of twenty dollars for each day upon which he so sits or votes.

2. Any such penalty shall be recoverable by civil action in the Supreme Court at the suit of the Attorney-General.

47.

1. The offices of Clerk and Deputy Clerk of the Senate are hereby constituted and appointments to those offices shall be made by the Governor-General, acting on the recommendation of the President.

2. The offices of Clerk and Deputy Clerk of the House of Representatives are hereby constituted and appointments to those offices shall be made by the Governor-General, acting on the recommendation of the Speaker.

3. Subject to the provisions of subsection (5) of this section the Clerk shall, unless he sooner resigns his office, hold office until he attains the age of 65 years or such later age as may, in any particular case, be prescribed by the Commission appointed under subsection (7) of this section.

4. Nothing done by the Clerk shall be invalid by reason only that he has attained the age at which he is required by this section to vacate office.

5. The Clerk shall be removed from office by the Governor-General if, but shall not be so removed unless, the House, by a resolution which has received the affirmative vote of not less than two-thirds of all the members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

6. The provisions of subsections (3), (4) and (5) of this section shall apply to the Deputy Clerk as they apply to the Clerk.

7. Subject to the provisions of subsections (3), (5), (6) and (9) of this section the terms of service (including salary and allowances) of the Clerk and Deputy Clerk shall be determined from time to time by a Commission consisting of the following persons, that is to say: -

a. the Speaker, as Chairman;

b. the President; and

c. the Minister responsible for finance or a person nominated by that Minister to represent him at any meeting of the Commission.

8. The salaries and allowances of the Clerk and Deputy Clerk shall be paid out of the Consolidated Fund and no such salary shall be reduced during the continuance in office of the person to whom it is payable.

9. The offices of Clerk and Deputy Clerk shall, for the purposes of sections 40, 41,111, 124, 129, 132,133 and 134 of this Constitution, be deemed to be public offices.

10. A person who is a public officer may, without ceasing to hold office in the public service, be appointed, in accordance with the provisions of this section, to the office of Clerk or Deputy Clerk but -

a. no such appointment shall be made except with the concurrence of the Governor-General, acting on the recommendation of the Public Service Commission;

b. the provisions of subsections (3), (5) and (6) of this section shall, in relation to an officer so appointed, apply, subject to the provisions of paragraph (d) of this subsection, as respects his service as Clerk or Deputy Clerk but not as respects his service as a public officer;

c. an officer so appointed shall not, during his continuance in the office of Clerk or Deputy Clerk, perform the functions of any public office; and

d. an officer so appointed may at any time be appointed by the Governor-General, acting on the advice of the Public Service Commission, to assume or resume the functions of a public office and he shall thereupon vacate his office as Clerk or Deputy Clerk, but no appointment under this paragraph shall be made without the concurrence of the President or the Speaker, as the case may be.

11. The Governor-General, acting on the recommendation of the Minister responsible for finance after that Minister has consulted the Clerk, may from time to time prescribe, by notice published in the Gazette, the offices (other than the office of Deputy Clerk) which are to constitute the staff of the Clerk and may likewise prescribe which of those offices are subordinate offices.

12. Power to make appointments to any office for the time being prescribed under subsection (11) of this section as a subordinate office on the staff of the Clerk and to remove and to exercise disciplinary control over persons holding or acting in any such offices is hereby vested in the Clerk.

13. Before the Public Service Commission advises the Governor-General under subsection (1) of section 125 of this Constitution-

a. that any person should be appointed to any office on the staff of the Clerk (other than the office of Deputy Clerk and any subordinate office thereon);

b. that any person holding or acting in any such office should be appointed to any other public office; or

c. that any person holding or acting in any such office should be removed or that any penalty should be imposed on him by way of disciplinary control, the Commission shall consult the Clerk.

14. Nothing in this section shall be construed as preventing -

a. the appointment of one person to the offices of Clerk of the Senate and Clerk of the House of Representatives; or

b. the appointment of one person to the offices of Deputy Clerk of the Senate and Deputy Clerk of the House of Representatives; or

c. the appointment of one person to any other office on the staff of the Clerk of the Senate and any other office on the staff of the Clerk of the House of Representatives, and where any person is so appointed to two offices, the foregoing provisions of this section shall apply in relation to him in respect of each such office separately.

15. The functions conferred by this section on the President shall, if there is no person holding the office of President or if the President is absent from Jamaica or is otherwise unable to perform those functions, be performed by the Deputy President and the functions conferred by this section on the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from Jamaica or is otherwise unable to perform those functions, be performed by the Deputy Speaker.

Part II Powers and Procedure of Parliament

48.

1. Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Jamaica.

2. Without prejudice to the generality of subsection (1) and subject to the provisions of subsections (3), (4) and (5) of this section Parliament may by law determine the privileges, immunities and powers of the two Houses and the members thereof.

3. No civil or criminal proceedings may be instituted against any member of either House for words spoken before, or written in a report to, the House of which he is a member or to a committee thereof or to any joint committee of both Houses or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.

4. For the duration of any session of both Houses shall enjoy freedom from arrest for any civil debt except a debt the contraction of which constitutes a criminal offence.

5. No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of either House while such House is sitting or through the President or the Speaker, the Clerk or any officer of either House.

49.

1. Subject to the provisions of this section Parliament may by Act of Parliament passed by both Houses alter any of the provisions of this Constitution or (in so far as it forms part of the law of Jamaica) any of the provisions of the Jamaica Independence Act, 1962.

2. In so far as it alters -

a. sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, subsection (3) of section 48, sections 66, 67, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 94, subsections (2), (3), (4), (5), (6) or (7) of section 96, sections 97, 98, 99, subsections (3), (4), (5), (6), (7), (8) or (9) of section 100, sections 101, 103, 104, 105, subsections (3), (4), (5), (6), (7), (8) or (9) of section 106, subsections (1), (2), (4), (5), (6), (7), (8), (9) or (10) of section 111, sections 112, 113, 114, 116, 117, 118, 119, 120, subsections (2), (3), (4), (5), (6) or (7) of section 121, sections 122, 124, 125, subsection (1) of section 126, sections 127, 129, 130, 131, 135 or 136 or the Second or Third Schedule to this Constitution; or

b. section 1 of this Constitution in its application to any of the provisions specified in paragraph (a) of this subsection;

a Bill for an Act of Parliament under this section shall not be submitted to the Governor-General for his assent unless a period of three months has elapsed between the introduction of the Bill into the House of Representatives and the commencement of the first debate on the whole text of that Bill in that House and a further period of three months has elapsed between the conclusion of that debate and the passing of that Bill by that House.

3. In so far as it alters -

a. this section;

b. sections 2, 34, 35, 36, 39, subsection (2) of section 63, subsections (2), (3) or (5) of section 64, section 65, or subsection (1) of section 68 of this Constitution;

c. section 1 of this Constitution in its application to any of the provisions specified in paragraph (a) or (b) of this subsection; or

d. any of the provisions of the Jamaica Independence Act, 1962, a Bill for an Act of Parliament under this section shall not be submitted to the Governor-General for his assent unless-

i. a period of three months has elapsed between the introduction of the Bill into the House of Representatives and the commencement of the first debate on the whole text of that Bill in that House and a further period of three months has elapsed between the conclusion of that debate and the passing of that Bill by that House, and

ii. subject to the provisions of subsection (6) of this section, the Bill, not less than two nor more than six months after its passage through both Houses, has been submitted to the electors qualified to vote for the election of members of the House of Representatives and, on a vote taken in such manner as Parliament may prescribe, the majority of the electors voting have approved the Bill.

4. A Bill for an Act of Parliament under this section shall not be deemed to be passed in either House unless at the final vote thereon it is supported-

a. in the case of a Bill which alters any of the provisions specified in subsection (2) or subsection (3) of this section by the votes of not less than two-thirds of all the members of that House, or

b. in any other case by the votes of a majority of all the members of that House.

5. If a Bill for an Act of Parliament which alters any of the provisions specified in subsection (2) of this section is passed by the House of Representatives

a. twice in the same session in the manner prescribed by subsection (2) and paragraph (a) of subsection (4) of this section and having been sent to the Senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected the Senate on each occasion, or

b. in two successive sessions (whether of the same Parliament or not) in the manner prescribed by subsection (2) and paragraph (a) of subsection (4) of this section and, having been sent to the Senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion is rejected by the Senate in each of those sessions,

that Bill may, not less than two nor more than six months after its rejection by the Senate for the second time, be submitted to the electors qualified to vote for the election of members of the House of Representatives and, if on a vote taken in such manner as Parliament may prescribe, three-fifths of the electors voting approve the Bill, the Bill may be presented to the Governor-General for assent.

6. If a Bill for an Act of Parliament which alters any of the provisions specified in subsection (3) of this section is passed by the House of Representatives -

a. twice in the same session in the manner prescribed by subsection (3) and paragraph (a) of subsection (4) of this section and having been sent to the Senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the Senate on each occasion, or

b. in two successive sessions (whether of the same Parliament or not) in the manner prescribed by subsection (3) and paragraph (a) of subsection (4) of this section and, having been vent to the Senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the Senate in each of those sessions,

that Bill may, not less than two nor more than six months after its rejection by the Senate for the second time, be submitted to the electors qualified to vote for the election of members of the House of Representatives and, if on a vote taken in such manner as Parliament may prescribe, two-thirds of the electors voting approve the Bill, the Bill may be presented to the Governor-General for assent.

7. For the purposes of subsection (5) and subsection (6) of this section a Bill shall be deemed to be rejected by the Senate if -

a. it is not passed by the Senate in the manner prescribed by paragraph (a) of subsection (4) of this section within one month after it is sent to that House; or

b. it is passed by the Senate in the manner so prescribed with any amendment which is not agreed to by the House of Representatives.

8. For the purposes of subsection (5) and subsection (6) of this section a Bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same Bill as the former Bill sent to the Senate in the same or in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are specified by the Speaker to be necessary owing to the time that has elapsed since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill.

9. In this section -

a. reference to any of the provisions of this Constitution or the Jamaica Independence Act, 1962, includes references to any law that alters that provision; and

b. "alter" includes amend, modify, re-enact with or without amendment or modification, make different provision in lieu of, suspend, repeal or add to.

50.

1. An Act of Parliament to which this section refers shall not be void to the extent of any inconsistency with the provisions of sections 13 to 26 (inclusive) of this Constitution but shall, notwithstanding such inconsistency, prevail over those provisions.

2. An Act of Parliament to which this section refers is one the Bill for which has been passed by both Houses and at the final vote thereon in each House has been supported by the votes of not less than two-thirds of all the members of that House.

51.

1. Subject to the provisions of this Constitution, each House may regulate its own procedure and for this purpose may make Standing Orders.

2. Each House may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets on or after the appointed day or after any dissolution of Parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

52.

1. The President or, in his absence, the Deputy President or, if they are both absent. a member of the Senate (not being a Minister or a Parliamentary Secretary) elected by the Senate for that sitting shall preside at each sitting of the Senate.

2. The Speaker or, in his absence, the Deputy Speaker or, if they are both absent, a member of the House of Representatives (not being a Minister or a Parliamentary Secretary) elected by the House of Representatives for that sitting shall preside at each sitting of the House of Representatives.

3. References in this section to circumstances in which the President, Deputy President, Speaker or Deputy Speaker is absent include references to circumstances in which the office of President, Deputy President, Speaker or Deputy Speaker is vacant.

53.

1. If at any time during a sitting of either House objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed in the Standing Orders of that House, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the House.

2. For the purposes of this section -

a. a quorum of the Senate shall consist of eight members besides the person presiding; and

b. a quorum of the House of Representatives shall consist of sixteen members besides the person presiding.

54.

1. Save as is otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.

2. The person presiding in either House shall not vote -

a. unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or

b. except in the case of the final vote on a Bill for an Act of Parliament under subsection (3) of section 37 or section 49 of this Constitution or the final vote on a Bill for an Act of Parliament to which section 50 of this Constitution refers in each of which cases he shall have an original vote.

55.

1. Subject to the provisions of this Constitution and of the Standing Orders of the House, any member of either House may introduce any Bill or propose any motion for debate in or may present any petition to that House, and the same shall be debated and disposed of according to the Standing Orders of that House.

2. A Bill other than a Money Bill may be introduced in either House, but a Money Bill shall not be introduced in the Senate.

3. Except on the recommendation of the Governor-General signified by a Minister, the House of Representatives shall not-

a. proceed upon any Bill (including any amendment to a Bill) which Bill or amendment, as the case may be, in the opinion of the person presiding, makes provision for any of the following purposes, that is to say, for imposing or increasing any tax, for imposing or increasing any charge on the revenues or other funds of Jamaica or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to Jamaica;

b. proceed upon any motion (including any amendment to a motion) the effect of which motion or amendment, as the case may be, in the opinion of the person presiding, is that provision should be made for any of the purposes aforesaid; or

c. receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid.

4. The Senate shall not -

a. proceed upon any Bill, other than a Bill sent from the House of Representatives, or upon any amendment to a Bill, which Bill or amendment, as the case may be, in the opinion of person presiding, makes provision for any of the following purposes, that is to say, for imposing or altering any existing or proposed tax, for imposing or altering any existing or proposed charge on the revenues or other funds of Jamaica, or for compounding or remitting any debt due to Jamaica;

c. receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid.

56.

1. Subject to the provisions of this Constitution, if a Money Bill, having been passed by the House of Representatives and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the Governor-General for his assent notwithstanding that the Senate has not consented to the Bill.

2. There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the Governor-General for assent in pursuance of subsection (1) of this section the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that subsection have been complied with.

57.

1. Subject to the provisions of this Constitution, if any Bill other than a Money Bill is passed by the House of Representatives -

a. twice in the same session and, having been sent to the Senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the Senate on each occasion, or

b. in two successive sessions (whether of the same Parliament or not) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the Bill.

2. For the purposes of this section a Bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same Bill as a former Bill sent to the Senate in the same or in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that has elapsed since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill.

3. The House of Representatives may, if it thinks fit, on the passage through that House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the same or in the preceding session, suggest any amendments without inserting the amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Representatives; but the exercise of this power by the House of Representatives shall not affect the operation of this section in the event of the rejection of the Bill in the Senate.

4. There shall be inserted in any Bill that is presented to the Governor-General for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the Bill by the Senate and agreed to by the House of Representatives.

5. There shall be endorsed on any Bill that is presented to the Governor-General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.

6. The provisions of this section shall not apply to a Bill which is required by this Constitution to be passed by both Houses.

58.

1. In sections 55, 56 and 57 of this Constitution "Money Bill" means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or an