Fundamental Rights (Additional Provisions) (Interim) Act

Link to law: http://www.moj.gov.jm/laws/fundamental-rights-additional-provisions-interim-act
Published: 1999-03-26

FUNDAMENTAL RIGHTS (ADDITIONAL PROVISIONS)
(INTERIM)

I

THE FUNDAMENTAL RIGHTS (ADDITIONAL
1~ of Act. 1999. PROVISIONS) (INTERIM) ACT

[26th March, 1999.1

1. This Act may be cited as the Fundamental Rights shirt title.
(Additional Provisions) (Interim) Act.

In*&-
ti0n. 2. In this Act-

“contravention” means in relation to any requirement,
a failure to comply with that requirement, and
cognate expressions shall be Gonstrued amrdingly;

“murt” means any court of law in Jamaica other than
a court constituted by or under service law;

“public authority” means-
(a) a Ministry, department or agency of Govern-

ment;
(b) a Parish Council or the Kingston and St.

Andrew Corporation;
(c) a statutoy body or authority;
(d) any company registered under the Companies

Act, being a company in which the Govern-
ment or an agency of Government holds not
less than Mty-one per centurn of the ordinary
shares, which is declared by resolution of each
House of Parliament to be an authority for
the purposes of this Act;

(e) any person performing functions or providing
services which are-

(i) essential to the welfare of the Jamaican
society; and

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2 FUNDAMENTAL RIGHTS (ADDITIONAL PROVISIONS)
(INTERIM)

(ii) declared to be so essential by resolu-
tion of each House of Parliament;

“service law” means the law regulating the discipline
of a defence force or police officers.

DlEUtiOll 3. T h i s Act shall continue in force until provision is made
in the Constitution of Jamaica for the inclusion therein of
the rights specified in this Act in terms which preclude the
alteration of that provision otherwise than in accordance
with the procedures prescribed by, or in relation to section
49 (2) of the Constitution, and shall then expire.

d Ad.

R&t 10 4 . 4 1 ) Every person shall have the right to vote and to

(a) is qualified to be registered as an eleotor and is so
registered; and

(b) is not, by the provision of any law in force for the
time being, disqualified from being eligible to be
registered as an elector.

(2) A p e m shall be qualified to be registered as

(a) is a citizen of Jamaica resident in Jamaica at the
date of registration; or

(b) is a 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

(c) has attained the age of eighteen years.

vote. participate in free and fair elections if that person-

an elector if he-

and is not, by the provision of any law in force for the time
being, disqualified from being eligible to be registered as
an elector.

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FUNDAMENTAL RIGHTS (ADDITIONAL PROVISIONS)
(INTERIM)

(3) In subsection (1) the right to vote means the right
to vote in-

(&) general elections for members of the House of
Representatives;

(b) parish council elections for councillors to each
Parish Council;

(c) elections for councillors for the Council of the
Kingston and St. Andrew Corporation; and

(d) any referendum held under the Constitution or any
other law.

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5. Every person shall have the right to fair and humane R i & b
treatment by any public authority in the exercise of any of mmt fair. dc,

from Fublic its functions. authority.

6. Every citizen of Jamaica shall have the right to be REghtw
granted a passport and shall not be denied or deprived apsspr t .
thereof except by or under the provisions of a law that-

fa) prescrih the grounds on which, and the circum-
stances under which a person may be denied or
deprived of a passport; and

(b) secures to that person a right of access to a court
for the purpose of appealing against such denial or
deprivation.

k granted

7.-(1) Any person who alleges that any of the provisions bplication
fbr redre&. of this Act has been, is being or is likely to be, contravened

in relation to him, may, without prejudice to any other action
which is lawfully available with respect to the same matter,
apply to the Supreme Court for redress.

(2) The Supreme Court shall have original jurisdic-
tion to hear and determine any application made by any
person in pursuance of subsection (1) of this section and

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4 FUNDAMENTAL RIGHTS (ADDITIONAL PROVISIONS)
(INTERIM)

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 pro-
visions of sections 4 to 6 to the protection of which the
person concerned is entitled.

(3) A person authorized by law or, with the leave of
the Court, a public or civic organization which has a
sufficient interest in the matter to which the application
relates may, on behalf of persons who are entitled to apply
under subsection (l), initiate an application to the Supreme
Court for a declaration or any other form of redress.

(4) Any person aggrieved by any determination of
the Supreme Court under this section m a y appeal therefrom
to the Court of Appeal.

(5 ) Where any application is made for redress under
this section, the Supreme Court may decline to exercise its
powers and may remit the matter to the appropriate murt,
tribunal or authority, if it is satisfied that adequate means
of redress for the contravention alleged are available to the
person concerned under any other law.

“lh inclusion of this page is authorized by L.N. 3/2001]
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