Jamaica (Constitution) Order in Council 1962

Link to law: http://www.moj.gov.jm/laws/jamaica-constitution-order-council-1962
Published: 1962-07-23

JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962

S T A T U T O R Y I N S T R U M E N T S

1962 No. 1550

CARIBBEAN AND NORTH ATLANTIC
TERRITORIES

The Jamaica (Constitution) Order in Council 1962

Made ... . . . ... . . . 23rd July 1962

Laid before Parliament . . . .. . 24th July 1962

Coming into Operation-

Section 3(2) of the Order in Council,
and sections 80, 81, 94(1) and (2), 103,
104. 1 1 1, 124 and 125 (in part) of the
Constitution . . . ... ... 25th July 1962

Remainder ... . . . ... Immediately
before the 6th
August 1962

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. . - - -. - -. - -

JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962

ARRANGEMENT OF ORDER

Section

1. Citation, commencement and interpretation.
2. Revocation.
3. Establishment of the Constitution.
4. Existing laws.
5. Finance.
6. House of Representatives.
7. First Standing Orders of Senate.
8. Remuneration of Members of Parliament, etc.
9. Clerks to Houses of Parliament and their staffs.

10. First Cabinet.
1 1. Parliamentary Secretaries.
12. Secretary to the Cabinet.
13. Supreme Court and Judges.
14. Pending Appeals.
15. Appeals from Cayman Islands and Turks and Caiws Islands.
16. Remuneration of Auditor-General.
17. Existing officers.
18. Transitional provisions relating to Privy Council.
19. Transitional provisions relating to existing Commissions.
20. Transitional provisions for certain officers.
21. Alteration of this Order.
22. Interpratation.

FIRST SCHEDULE

ORDERS IN COUNCIL REVOKED BY THIS ORDER

SECOND SCHEDULE

THE CONSTITUTION OF JAMAICA.

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J A ~ A I C A (CONSTITUTION) ORDER IN COUNCIL. 1962 5

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

Present,
THB 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 10 a 11
Act, 1962 or otherwise in Her vested, is pleased, by and with 19.
the advice of Her Privy Council, to order, and it is hereby
ordered, as follows : -

Citation. 1 .4) This Order may be cited as the Jamaica (Constitu-
tion) Order in Council 1962. ment and interprets-

(2) Subject to the provisions of subsection (2) of sec- tion.
tion 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.

2.41) The Orders in Council specified in the First Revoca-
Schedule to this Order (hereinafter referred to as "the exist- tion.
ing Orders") are hereby revoked.

(2) Notwithstanding the revocation of the existing
Orders the following Regulations-

(a) the Public Service Regulations, 1%1,
(h) the Judicial Service Regulations, 1 % 1,
(c) the Police Service Regulations, 1961, and
(d) the Jamaica (Constitution) (Retirement of Entitled

Officers) Regulations, 196 1,
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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

s. I. British Caribbean Court of Appeal Order in Council 1962 ~~~~~~ is revoked.
p. 1247)

Establish- 3.41) Subject to the provisions of subsection (2) of this
ment of the
Constitu- section and the other provisions of this Order, the Con-
tion. stitution 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 11 1,
(e) section 124,
(f) section 125 to the extent only as to enable a Direc-

tor 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 Con-
stitution-

(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;

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JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962

(b) to Parliament and to the House of Representatives
shall be construed as references to the Legislature
and the House of Representatives constituted un-
der 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.

4.-( 1) All laws which are in force in Jamaica immediately Existing
before the appointed day shall (subject to amendment or 'aWsa
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 con-
strued, 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 preced-
ing subsection, in any law which continues in force on and
after the appointed day or which, having been made before
that day, is brought in,to force on or after that day, unless
the context otherwise 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;

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JAMAICA (CONSTITUTION) ORDER IN COUNC1L. 1962

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 Constitu-
tion;

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 respec-
tively to the Cabinet established by the Constitu-
tion to the Prime Minister appointed for the time
being under the Constitution and to the corres-
ponding Minister so appointed;

references to the Secretary to the Cabinet shall, in
relation to any such period as aforesaid, be con-
strued as references to the Secretary to the Cabinet
established by the Constitution;

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

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 Commis-
sion established by the Constitution;

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

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JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962

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as aforesaid, be construed as references respectively
to the corresponding office (or to the person hold-
ing 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 sub-
section (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 subsec-
tion, who is the corresponding Minister referred
to in that paragraph.

(5 ) (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.

(6) Without prejudice to the generality of para-
graph (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.

5. Without prejudice to the provisions of the preceding ~ i -
section and for the avoidance of doubt, it is hereby declared

JAMAICA (CONSTITUTTON) ORDER IN COUNCIL, 1962

that any resolution of the House of Representatives passed
before the appointed day and any law enacted by the Legis-
lature before that day (whether such resolution was passed
or such law enacted before or after the making of this
Order) may 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 Constitu-
tion or a law enacted by the Parliament so established.

House of 6.41) Notwithstanding any other provisions of this
Reprcscnta- Order, the House of Representatives constituted under the tivcr

existing Orders (in this section referred to as "the existing
House of Representatives") shall be the House of Repre-
sentatives 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 com-
mencement of this Order are members of the existing House
of Representatives shall be members of the House of Repre-
sentatives 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 wm-
mencement 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 Repre-
sentatives 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 com-
mencement of this Order shall, with such adaptations and

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JAMAICA (CONSTITUTION) ORDER IN COUNCIL, 1962 11

modifications as may be necessary to bring them into con-
formity 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) Parlia-
ment shall, unless sooner dissolved, stand dissolved on the
tenth day of April 1967.

7. The Standing Orders of the Legislative Council con- First Stand-
ing Orders stituted under the existing Orders as in force immediately of s n a k .

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 5 1 of the Con-
stitution.

8. Until other provision is made in that behalf, the salary Rernuncra-
tion of and allowances payable to members of either House, the memberno,

President and Deputy President of the Senate, the Speaker zi iament*
and Deputy Speaker of the House of Representatives, Min-
isters and Parliamentary Secretaries shall be those payabIe
to the persons last holding the corresponding offices immed-
iately before the commencement of this Order.

9.-(1) Any person who, immediately before the corn- c l ~ n s t o
Houses of mencement of this Order h.dds office as Clerk or Deputy Parliament

Clerk of the Legislative Council or of the House of Repre-
sentatives 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 pro-

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12 JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962

vision 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.

VIM 10.-(1) The person who, immediately before the com-
"b'M mencement 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 con-
strued 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 com-
mencement of this Order with responsibility for any subject
or department, he shall be deemed as from the commence-
ment of this Order to have been charged with the respon-
sibility for the corresponding subject or department of
government under subsection (1) of section 77 of the Con-
stitution.

Parliament- 11. Any person who, immediately before the commence-
a r ~ ,,a", ment of this Order, is a member of the House of Representa-

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JAMAICA (CONSTITUTION) ORDER IN COUNCIL, 1962

tives 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 commence- secretary
ment of this Order holds office as Secretary of the Cabinet to 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 supreme
Court and before the commencement of this Order shall be the Supreme Judges.

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 Con-
stitution, 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 Pending
commencement of this Order on appeal from the Supreme Appeals.

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 of this

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JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962

t r h
Cayman
Islands and
Turks and
Caicos
Islands.

Remunera-
tion of
Auditor-
General.

Existing
OfBcers.

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 res-
pect 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

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JA MAlCA (CONSTITUTION) ORDER IN COUNCIL. 1962

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 com- Transitional
mencement of this Order, is pending before the Privy ;giE;z
Council established under the existing Orders shall as from Ez,,.
the commencement of this Order, be continued before the
Privy Council established by the Constitution.

19.41) Any power of the Governor of the Colony of Transitional
provisions Jamaica acting on the recommendation of a Commission relatingto

established by the existing Orders (in this section referred $%s-
to as "an existing Commission") which has been validly slons.
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 accord-
ance with the provisions of the Constitution.

(2) Any matter which, immediately before the com-
mencement 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

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JAMAICA (CONSTITUTION) ORDER IN COUNCIL, 1962

the Judicial Service Commission established by the Con-
stitution 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 recom-
menced.

Transitional 20.-(1) Any person who, immediately before the com-
provisions
relatingt~ mencement of this Order, holds any office established by
certain ,, 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 applic-
able 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 estab-
lished 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.

Nte,ion 21.41) Parliament may alter any of the provisions of
of this
Order. sections 1 to 22 (inclusive), other than section 15, of this

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JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962 17

Order including this section in the same manner as it may
alter the provisions of the Jamaica Independence Act, 1962.

c. 40.
(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 E l p M -
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.

[W. G. Agnew.]

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18 CONSTlT U TION OF JAMAICA

SCHEDULES

Section 2 FIRST SCHEDULE

The Jamaica (Constitution) Order in ChIldl. 1959.
The Jamaica (Constitution) (Amendment) Order in Council. 1959.
The Jamaica (Constitution) (Amendment) Order in Cornd. 1961.

Section 3 SECOND SCHEDULE

THE CONSTITUTION OF JAMAICA

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

Section

1. Interpretation.
2. Effect of t h i s Constitution.

CHAPTER II
CITEENSHIP

Section
3. Acquisition of Jamaican citizenship.
3 ~ . Persons entitled to citizenship on 1st Marcb 1993.
3 ~ . Citizenship by birth.
3c. Citizenship by descent.
4. Persons entitled to be registered as citizens.
5. [Repealed by Act 18 of Z999.1
6. [Repealed by Act 18 of 1999.1
7. Marriage to citizen of Jamaica
8. Deprivation of citizenship.
9. Commonwealth citizens.

10.
11. Powers of Parliament.
12. Interpretation.

Criminal liability of Commonwealth dtiztm.

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CONSTITUTION OF JAMAICA

CHAPTER 111
CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS

Section

13. Fundamental rights and freedoms.

. 14. Protection of freedom of the person. ,
15. Protection of property rights.

16. Protection of right due to process.

17. Protection of freedom of religion.

18. Status of marriage.

19. Application for redress.

20. Interpretation.

, 23.
[Repealed by Act 12 of 201 1.1

24.

CHAPTER 1V

THE GOVERNOR-GENERAL

Establishment of ofice of Governor-General.

Oaths to be taken by Governor-General.

Acting Governor-General.

Deputy to Governor-General.

Personal staff of Governor-General.

Exercise of Governor-General's functions.

Broad Seal.

CHAPTER v
P a I A M E N T

PART 1

Composition of Parliament

34. Establishment of Parliament.

35. Senate.
36. House of Representatives.

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CONSTITUTION OF JAMAICA

Section
37. Qualifications and disqualifications for electors.

38. Elector law.

39. Qualification for membership of senate and House of Repre-
sentatives.

40. Disqualification for membership of Senate and House of
Representatives.

41. Tenure of office of Senators and Members of House of
Representatives.

42. President and Deputy President of Senate.

43. Speaker and Deputy Speaker of House of Representatives.

44. Determination of questions as to membership.

45. Filling of vacancies.

46. Unqualified persons sitting or voting.
47. Clerks to Houses of Parliament and their staffs.

PART 2

Powers and Procedure of Parliament

48. Power to make laws.

49. Alteration of this Constitution.

50. [Repealed by Act 12 of 201 1 , S.3.1

5 1. Regulation of procedure in Houses of Parliament.

52. Presiding in Senate and ' ~ o u s e of Representatives.

53. Quorum.

54. Voting.

55. Introduction of Bills, etc.

56. Restriction on powers of Senate as to Money Bills.

57. Restriction on powers of Senate as to Bills other than money Bills
and certain other Bills.

58. Provisions relating to sections 55, 56 and 57.

59. Restriction on powers of Senate as to certain statutory instruments.

60. Assent to Bills.

6 1. Words of enactment.

62. Oath of allegiance.

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CONSTZTUTZON OF JAMAICA

Summoning, prorogation andZlissolution

Section

63. Sessions of Parliament.
64. Prorogation and dissolution of Parliament.
65. General elections and appointment of Senators.

Delimitation of Constituencies

66. Establishment of first constituencies.
67. Standing Committee of House of Representatives.

CHAPTER VI

68. Executive authority of Jamaica.
69. Cabinet.
70. Appointment of Ministers.
71. Tenure of office of Ministers.
72. Performance of Prime Minister's functions in certain events.
73. Temporary Ministers.
74. Oaths.
75. Presiding in Cabinet.
76. Governor-General to be informed concerning matters d Govern-

ment.
77. Assignment of responsibility to Ministers.
78. Parliamentary Secretaries.
79. Attorney-General.
80. Leader of the Opposition.
81. Certain vacancies in office of Leader of Opposition.
82. Privy Council.
83. Tenure of office of members of Privy Council.
84. Incapacity of member of Privy Council.
85. Provisional appointments to Privy Council.
86. Senior Member of Privy Council.

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CONSTITUTION OF JAMAICA

W o n

Attendance of Governor-General.
Summoning of Privy Council and procedure,
Validity of proceedings of Privy Council.
Prerogative of mercy.
Pardon in capital cases.
Secretary to the Cabmet.
Permanent Secretaries.
Establishment of office and functions of Director of Public

Prosecutions.
Remuneration of Director of public Prosecutions..
Tenure of office of Director of Public Prosecutions.

CHAPTER VII

The Supreme Court

Establishment of the Supreme Court.
Appointment of Judges of the Supreme Court.
Acting Judges of the Supreme Court.
Tenure of office of Judges of the Supreme Court.
Remuneration of Judges of the Supreme Court.
Oaths to be taken by Judges of the Supreme Court.

Court of Appeal

Establishment of the Court of Appeal.
Appointment of Judges of the Comt of Appeal.
Acting Judges of the Court of Appeal.
Tenure of office of Judges of the Court of Appeal.
Remuneration of Judges of the Court of Appeal.
Oaths to be taken by Judges of the Court of Appeal.
Number of judges.

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CONSTITUTION OF JAMAICA

Appeals to Her Majesty in Council

Section

110. Appeals from Court of Appeal to Her Majesty in Council.

Judicial Service Commission
11 1. Composition of Judicial Service Commission.
1 12. Appointment of Judicial officers.
113. Delegation of functions of Judicial Service Commission.

CHAPTER vm
Fmmca

&nsolidated Fund.
Estimates
Aurhorisation of Expenditure.
Meeting expenditure from Consolidated Fund.
Contingencies Fund.
Public Debt.
Auditor-General.
Tenure of office of Auditor-General.
Functions of Auditor-General.

CHAPTER IX

General
123. Interpretation.
124. Public Service Commission.
125. Appointment. etc. of public officers.
126. Permanent Secretaries.
127. Delegation of functions of Public Service commission.
128. Appointment, atc. of principal representatives of Jamaica abroad.

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CONSTITUTION OF JAMAICA

Police

129. Police Service Commission.
130. Appointment, etc. of police officers.
13 1. Delegation of functions of Police Service Commission.

Pensions

132. Applicability of pensions law.
133. Pensions, etc. to be charged on Consolidated Fund.
134. Grant and withholding of pensions. etc.

CHASTER X

MISCELLANEOUS

135. Powers and procedure of Commissions.
136. Pratection of Commissions, etc. from kgal proceedings.
137. Resignations.
138. Re-appointments, etc.

FIRST SCHEDULB

Oaths

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CONSTITUTION OF JAMAICA

SECOND SCHEDULE

Number and Boundaries of Constituencies

Provisions relating to applicability of the Commissions o f Enquiry
Act to Tribunals appointed under this Constitution.

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.-

CONSTITUTION OF JAMAICA 27

Amended
by:

Acts

CHAPTER I

PRELIM [NARY

1.-41) In this Constitution unless it is otherwise provided or Iflter~reta-
tton. the context otherwise requires-

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

"the appointed day" means the sixth day of August,l962;

", . "the Broad Seal" means the Broad Seal of Jamaica;
"the Cabinet" means the Cabinet established by section 69

of this Constitution;

"the Clerk" and '?he Deputy Clerk" mean respectively the
Clerk and the Deputy Clerk of either House, as the
context may require;

"the Commonwealth" means ~am&ca, any country to which
section -9 of this Constitution applies and any depend-
ency 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 Parlia-
ment;

[The incluSion o f this page is authorized by L.N. 92~120121

"the Gazette" means the Jamaica Gazette;

"House" means either the Senate or the House of Represen-
tatives as the context may require;

"Jamaica" has the meaning attributed to that expression in
l o & 1 1 the Jamaica Independence Act, 1962;
Eliz. 2
C. 40. "law" includes any instrument having the force of law and

any unwritten rule of law and "lawful" and "lawfidly"

1
shall be construed accordingly;

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

First Schedule. the First schedule to this Constitution;

"Parliament" mews the Parliament of Jamaica;

"police officer" means a member of the Jamaica Consta-
bulary 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 respec-
tively 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 ofice;

"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 Com-
mission or the Police Service Commission) and in-
cludes public service in respect of the former Colony of
Jamaica;

L L ~ e ~ ~ i ~ n " means, in relation to a House, the sittings of
that House commencing when it first meets after

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CONSTITUTION OF JAMAZCA 29

this Constitution comes into force or after the
prorogation or dissolution of Parliament at any
time and terminating when Parliament is pro-
rogued or is dissolved without having been pro-
rogued;

"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 respec-
tively 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 appoint-
ment 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 dur-
ing 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 func-
tions 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

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CONSTITUTION OF JAMAICA

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

- me indusion of this page is authorized by L.N. 501 19791

CONSTlTUTlON OF JAMAICA

(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 Constitu-
tion 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 ques-
tion 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 en-
acted 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.

(1 1) 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 armation.

(12) The Interpretation Act, 1889 as in force on the 52 a 53
appointed day, shall apply, with the necessary adaptations, Vid.C.63-
for the purpose of interpreting this Constitution and other-
wise in relation thereto as it applies for the purpose of
interpreting, and in relation to, Acts of Parliament of the
United Kingdom.

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32 CONSTITUTION OF JAMAICA

Effect of
this Consti-
t&n.

Acquisi-
tion od
J d c a n
citizenshf p.
181 1999
5 2

Peraons
entitled to
citizenrbip
on 1st
March
1993.
61 1993
S. 3.

2. 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

3 4 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) shad 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.41) 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

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CONSTITUTION OF JAMAICA

(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 1
(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.

Citizenship 3B.-(1) Every person born in Jamaica shall become a by
citizen of Jamaica- 1811999

S. 3.
((a) on the sixth day of August, 1%2, in the case of a

p e r m 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 em-
ployment 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 mamed to a citizen of
Jamaica who is residing in that country by
reason of his employment in the diplomatic
service of Jamaica.

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CONSTITUTION 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.

G-W 3C. Every person born outside Jamaica shall become a by descent.
1811999 citizen of Jamaica-
S. 3.

(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
ci'tizen of Jamaica.

Persons
entitled to 4.-(1) Any man or woman who, on the fifth day of
be registered August 1962, is or had been married to a person-
as citizens.

411994
S. 2 (1) (a).

411994
s 2 (1) (b).

41 1 9 9
s 2 (I) (c).

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

(6) who, having died before the sixth day of August
1962 would but for that person's death, have be-
come 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.

-- --- - - - --
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CONSTITUTION 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 1 1 & 12 Gso. 6 c. 56.
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 1%4, 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 gi!&.
August 1962 is or has been married to a person who subse-
quently becomes a citizen of Jamaica by registration under
subsection (2) of this section shall be entitled, upon making 4/lW
application in such manner as may be prescribed and, if he a 2 (2) (3).
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 of 1999.1

6. [Repealed by Act 18 of 1999.1

7.-(1) Any man or woman who, after the fifth day of Marriage to
citizen of

August, 1962, marries a person who is or becomes a citizen Jamaica.
61 1993 of Jamaica shall, subject to subsection (2), be entitled, upon s. 6 (a).

making application in such manner as may be prescribed
and, if he or she is a British protected person or an alien, 1811999
upon taking the oath of allegiance, to be registered as a s. 5 0 .

citizen of Jamaica.
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34 CONSTITUTION OF JAMAICA

42) 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 Jamai~an c i t d h i p ; or

(ii) the parties to the marriage have no intentim
to live permanently with each other as
spouses, after the marriage;

(b) the person has been convicted in any coufltny of a
criminal offence specified in any law which makes
provision for such denial on the ground of such
conviotion.

181 1999
s. 5 (b). (3) Substion (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.

Deprivation 8.-(1) NO person who is a citizen of Jamaica by virtue of citizen-
ship. of section 3 (1) (a), (b) or (c) shall be deprived of his citizen- ''~'* ship of Jamaica. S. 6.

(2) A person who is a oitizen of Jamaica &her than
by virtue of section 3 (1) (a), (6) or (c), shall not be deprived
of his citizenship except by or under the provisions of a
law-

(a) specdying the grounds on which such deprivation
may take place and the procedure for such depri-
vation; and

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

CC_

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CONSTITUTION OF JAMAICA 35

9.-(1) Every person who under this Constitution or any c m m ~ ~ ~
wealth Act of Parliament is a citizen of Jamaica or under any enact- citjmg.

ment 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 l l a t i z
citizenship under the British Nationality Act, 1948, or who Ge6. 6c.
continues to be a British subject under section 2 of that Act
shall by virtue of that status have the status of a Common-
wealth citizen.

(3) Save as may be otherwise provided by Parlia-
ment, 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 P$;Lf
Jamaica, or a citizen of the Republic of Ireland who is not Cornmon-

wealth 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.
[The inclusion of this page is authorized by L.N. 3/2001]

CONSTITUTION OF JAMAICA

Powcar of
Parliament 11. Parliament may make provision-

(a) [Deleted by Acr 18 of 1999.1
(b) prescribing the grounds on which and the procedure

whereby a person may be deprived of his citizen-
ship of Jamaica;

(c) for the renunciation by any person of his citizen-
ship of Jamaica.

12.41) 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 Com-
monweal~,

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

(2) [Deleted by Act 6 of 1993.1
(3) For the purposes of this Chapter, a person born

aboard a registered ship or aircraft, or aboard an un-
registered 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 Wth 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, 1%2, shall be deemed
to be his or her national status at the time of death.

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, , , . ' e . . . . : 1 , . .
. ,. . . . . . . . Fundamental . . . .

i . . _ . . 1 1 , . . . . . . . . i I ~ - . . , . . +; . :.;; . - rights and
. .

. . freedoms.
- - : (d) the 'state ' h a s ' tobi$at'ibn promdt$ universal ,2,,1 ,

" respect fdi, ' aid obsdahce O K . ~u4an':~ights . and s. 2.
. , . . - . . . . . 3 , . freedoms;

. . . . . . . . . . . . . : (b), all p ~ r ~ o n s . i f i ~ a ~ ~ i ~ ~ are &nt;(iled Jo i'e~eii,e for
themselves and' future generatiQns' the fundamental
rights and freedoms to which they are ,entitled
by virtue of their inherent dignity 4s 6ersons

. ' . . . and as citizens of a free . . . .and democratic ,society; . , . . . ! . - 4 ' . I
' and I - . . . . . . . . . . . . . (i. . . . . . . : . . . " . . . . : i . I :

. .

(c) all persons are under a responsibility to respect
' * and uphold the rights of others recognized in

this Chapter,
. . .

'.the follbwihg' p ro l i~ idn i of this Chapter shall . have' effect
for the purpose of affording protection to the rights and
freedoms of persons as set out in those provisions,, to the extent 'iha:,Subject. to: ' sections' 18 an'd 49, and to sub-
secti.ons *(9) -and 'C:12) of this section, and save only as may be
'demonstrabl.y:justified in!a free a i~d emocratic society-

(a) this Chapter guarantees the rights and freedoms set
out in subsections (3)' and'(6) of 'this section and
in sections 14, 15, 16 and 17; and

. .PZ ' . . . . . . . . . . . ,. . . . . . .' ; . ' . - . . .,.
. . .

... : (6j ,. : ! . e , : . . r . , ,< , . . . ..!!'.' . . 3 . .., ; b* in.frihges ihbie (iiLti. , . .- .: .

8 . . . . .

............ .. . ......... ... ...--..-.. "-.-- ..... ,_,,_I, . _ . n . . _ r l _ . _ . . .;.- _?. .,_.." --_... - .-.- . [ F e .~nclus~on . , -. of, th!s page : is.: au~llorized, by L.N.,.!92c/2Ol.2].

CONSTITUTION OF J A W C A

(3) The rights and freedoms referred to in subsection
(2) are as follows-

(a) the right to life, liberty and security of the person
and the right not to be deprived thereof except in
the execution of the sentence of a court in respect
of a criminal offence of which the person has
been convicted; 0

(b) the right to freedom of. thought, conscience, belief
and observance of political doctrines;

(c) the right to freedom of expression;

(4 the right to seek, receive, distribute or disseminate
information, opinions and ideas through any media;

(e) the right to freedom of peaceful assembly and associa-
tion;

Cf) the right to freedom of movement, that is to say, the
right-

(i) of every citizen of Jamaica to enter Jamaica;
and

(ii) of every person lawfully in Jamaica, to move
around freely throughout Jamaica, to reside
in any part of Jamaica and to leave
Jamaica;

(g) the right to equality before the law;

(h) the right to equitable and humane treatment by
any public authority in the exercise of any function;

(i) the right to freedom from discrimination on the ground
of- .,, .

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CONSTITUTION OF JAM4 ICA

(i) being male or female;

(ii) race, place of origin, social class, colour,
religion or political opinions;

0) the right of everyone to-

(i) protection fiom search of the person and
property;

(ii) respect for and protection of private and
family life, and privacy of the home; ,

(iii) protection of privacy of other property and of
communication;

(k) the right of every child-

(i) to such measures of protection as are
required by virtue of the status of being a
minor or as part of the family, society and
the State;

(ii) who is a citizen of Jamaica, to publicly
funded tuition ip a public educatidnal insti-
tution at the pre-primary and primary levels;

(I) the right to enjoy a healthy and productive environ-
ment free from the threat of injury or damage
fiom environmental abuse and degradation of the eco-
logical heritage;

(m) the right of every citizen of Jamaica-

-

[The inclusion of this page is authorized by L.N. 92c/2012]

(i) who is qualified to be registered as an elector
for elections to the House of Representatives,
to be so registered; and

(ii) who is so registered, to vote in free and fair
elections;

(n) the right of every citizen of Jamaica to be granted a
passport and not to be denied or deprived thereof
except by due process of law;

(0) the right to, protection from torture, or inhuman or
degrading punishment or other treatment as provided
in subsections (6) and (7);

(p) the right to freedom of the person as provided in
section 14;

(q) the protection of property rights as provided in section
15;

(r) the right to due process as provided in section 16;
and

(s) the right to freedom of religion, as provided in section
17.

(4) This Chapter applies to all law and binds the
legislature, the executive and all public authorities.

- (5) A provision of this Chapter binds natural or juristic
persons if, and to the extent that, it is applicable, taking
account of the nature of the right and the nature of any duty
imposed by the right.

[The inclusion of this page is authorized by L.N. 92~120l21

CONST'UTION OF J A M I C A

(6) No person shall be subjected to torture or irihurnan
or degrading punishment or other keatment. ,

(7) Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contraven-
tion of subsection (6) to the extent that the law in question
authorizesthe infliction of any description of punishment which
was lawful in Jamaica immediately before the commencement
of the Charter of Fundamental Rights and Freedoms (Constitu-
tional Amendment) Act, 20 1 1.

(8) The execution of a sentence of death imposed after
the commencement of the Charter of Fundamental 'Rights
and Freedoms (Constitutional Amendment) Act; 201 1, on any
person for an offence against the law of Jamaica, shall not
be held to be inconsistent with, or in contiavention of,
this section by reason of-

(a) the length of time which elapses between the date
on which the sentence is imposed and the date on
which the sentence is executed; or

(b) the physical conditions or arrangements under which
such person is detained pending the execution' of
the sentence by virtue of any law or practice in
force immediately before the commencement of the
Charter of Fundamental Rights and Freedoms (Consti-
tutional Amendment) Act, 20 1 1.

(9) Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in
contravention of subsection (3)V) of this section and sections
14 and 16(3), to the extent that the law authorizes the
taking, in relation to persons detained or whose freedom
of movement has been restricted by virtue of that law, of

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CONSTITUTION OF JAMAICA

measures that are reasonably justifiable for the purpose
of dealing with' the-situation that exists during a period of
public emergency or public disaster.

(10) A person, who is detained or whose freedom of
movement has been restricted by virtue only of a law
referred to in subsection (9), may request a review of his
case at any time during the period of detention or restriction,
but any request subsequent to the initial request shall not
be made earlier than six w&ks after he last made such a
request, and if he makes such a request,. his case shall
be reviewed promptly by an independent and impartial
tribunal which shall be immediately established pursuant
to law and presided , over by a person appointed by the
Chief Justice of Jamaica from among persons qualified
to be appointed as a Judge of the Supreme Court.

(11) On any review by a tribunal in pursuance of
subsection (lo), of the case of any person who is detained
or whose freedom of movement has been restricted, the
tribunal may give directions to the authority by whom such
detention or restriction was ordered concerning the continued

+ detention or restriction of movement of that person and the
authority shall act in accordance with such directions.

(12) Nothing contained in or done under the authority
of any law in force immediately before the commence-
ment of the Charter of Fundamental Rights and Freedoms
(Constitutional Amendment) Act, 201 1, relating to-

(a) sexual offences;

(b) obscene publications; or

(c) offences regarding the life of the unborn,

[The inclusion of this page is authorized by L.N. 92~/2012]

CONSTITUTION OF JAWICA

shall be held to be inconsistent with or iri contravention of the
provisions of this Chapter.

(13) In this section "public educational institution"
means an all-age school, a pre-primary school or a primary
school that is maintained or assisted by the Government.

14 .41 ) No person shall be deprived of his liberty except Protectionof
freedom of on reasonable grounds and in accordance with fair procedures ihe Fmon,

established by law in the following circurnstances- -

(a) in consequence of his unfitness to plead to a criminal
charge;

(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;

(c) in execution of an order of the Supreme Court or of
the Court of Appeal or such other court as may be pres-
cribed by Parliament on the grounds of his contempt of
any such court or of another court or tribunal;

(6) in execution of the order of a court made in order to
secure the fulfilment of any obligation imposed on him
by law;

(e) for the purpose of bringing him before a court in exe-
cution of the order of a court;

(j) the arrest or detention of a person-

(i) for the purpose of bringing him before the
competent legal authority on reasonable suspi-
cion of his having committed an offence; or

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CONSTITUTION OF JAMAICA

(ii) where it is .reasonably necessary to prevent
his committing an offence;

(g) in the case of a person who has not attained the age
of eighteen years, for, the purpose of his care and
protection;

(h) the detention of a person-

(i) for the prevention of the spreading of an
infectious or contagious disease constituting
a serious threat to public health; or

(ii) suffering fiom mental disorder or addicted to
drugs or alcohol where necessary for his
care or treatment or for the prevention of harm
to himself or others; or

( i ) the arrest or detention of a person-

(i) who is not a citizen of Jamaica, to prevent his
unauthorized entry into Jamaica; or

(ii) against whom action is being taken with a
view to deportation or extradition or other law-
ful removal or the taking of proceedings relat-
ing thereto.

(2) Any person who is arrested or detained shall have
the right-

(a) to communicate with and be visited by his spouse,
partner or family member, religious counsellor and
a medical practitioner of his choice;

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CONSTITUTION OF JAMAICA

(b) at the time of his arrest or detention or as soon as is
reasonably practicable, to be informed, in a language
which he understands, of the reasons for his arrest
or detention;

(c) where he is charged with an offence, to be informed
forthwith, in a language which he understands, of
the nature of the charge; and

(d) to communicate with and retain an attorney-at-law.

(3) Any person who is arrested or detained shall be
entitled to be tried within a reasonable time and-

(a) shall be-

(i) brought forthwith or as soon as is reasonably
practicable before an officer authorized by law,
or a court; and

(ii) released either unconditionally or upon reason-
' ' able conditions to secure his attendance at the

trial or at any other stage of the proceedings; or

(b) ?If he is not released as nientioned in paragraph (a)(ii),
shall be promptly brought before a court which may
thereupon release him as provided in that para-
graph.

(4) Any person awaiting trail and detained in custody
shall be entitled to bail on reasonable conditions unless suf-
ficient cause is shown for keeping him in custody.

(5) Any person diprived of his liberty shall be treated
humanely and with respect for the inherent dignity of the
person. .

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46 CONSTITUTION OF J A M C A

Protectionof 15.-41) No property of any description shall be 'compul-

prom rights. sorily 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 therefor 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 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; .

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CONSTITUTION OF J A M ICA 47

(4 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, licenke, mortgage,
charge, bill of sale, pledge or contract;

(g) by way of the vesting or administration of trust prop-
erty, enemy' property, or the property of persons ad-
judged or otherwise declared bankrupt or insolvent,
persons of unsouiid mind, deceased persons, or bodies
corporate or tinincoworate in the course of being
wound up;

(h) in the executioii of judgments or o-rders of courts;

(i) by reason of its being in a dangerous state or .injurious
to the health of h m a n beings, animals or plants;

in consequence of any law' f i th respect to the limi-
tation of actions;

(k) for so long may be necessary for the purposes of
any examination, investigation, ttiai or iriquiiy or, in
the case 6f land, the carrying out thereon-

(i) of work of soil corisei-vatioti or the sofiserva-
tion of other iiatural resotuces; si

. (ii) of agticultwd development. or improvement

'0 . , . .which the omer or occupier of the land has beeirtiequiizd and has, ivithout resisonable
and lavdd excuse, rehsed or failed to carry
out.

(3) Nothing in this section shall be construed as affect-
ing the making or operation of any law so far as it-

*- . ..
[The inclusion of this page is authorized by L.N. 92c/2012]

(a) makes such provisions as are reasonably required
for the protection of the environment; or

(b) provides, for the orderly marketing or production
or growth or extraction of any agricultural product
or mineral or any article or thing prepared for the mar-
ket or manufactured therefor or for the reasonable
restriction of the use of any property in the interests of
safeguarding the interest 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 affect-
ing 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 pur-
poses by any law and in which no monies have been invested
other than monies provided by Parliament.

(5) Where an order is made under any 'law which
provides for the compuls'ory acquisition of property, the court
may have regard to-

(a) any hardship that may reasonably be expected to be
caused to my person by the operation of the order;
or •

(b) the use that is ordinarily made of the property, or the
intended use of the property.

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CONSTITUTION OF JAMAICA

(6) In this section "compensation" means the consider-
ation 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 so compulsorily taken pos-
session of or acquired.

16.41) Whenever any person is charged with a criminal Protectionof
.offence he shall, unless the charge is withdrawn, be afforded a prot due
fai; hearing within a reasonable time by an independent
and impartial court established by law.

,
(

(2) In the determination of a person's civil rights and
obligations or of any legal proceedings whichmay result in a
decision adverse to his interests, he shall be entitled to a fair
hearing within a reasonable time by an independent and impar-
tial court or authority established by law.

(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 authority, shall be held in public.

(4) Nothing in subsection (3) shall preveni any court or
any authority such as is mentioned in that subsection fiom ex-
cluding fiom the proceedings, persons other than the parties
thereto and their legal representatives-

(a) in interlocutory proceedings;
' -

' : , (b) in appeal proceedings under any law relating to income
tax; or

CONSTITUTION OF JAMAlCA

(c) to such extent as-

(i) the court or other authority may consider
necessary or expedient, in circumstances where
publicity would prejudice the interests of
justice; or

(ii) the court may decide to do so or, as the case.
may be, the authority 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 eighteen years, or the protection of the
private lives of persons concerned in the
proceedings.

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

(6) Every person charged with a criminal offence
shall-

(a) be informed as soon as is reasonably practicable, in a
language which he understands, of the nature of the
offence charged;

(b) have adequate time and facilities for the preparation
of his defence; i

(c) be entitled to defend himself in person or through legal
representation of his own choosing or, if he has not
sufEcient means to pay for legal representation, to be
given such assistance as is required in the interests of
justice;

[The- inclusion of this page is authorized by L.N. 92d2012)

(6) be entitled to examine or have examined, at his trial,
witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same
conditions as witnesses against him;

(e) have the assistance of an interpreter free of cost if
he cannot understand or speak the language used in
court;

V) not to be compelled to testify against himself or to
make any statement amounting to a confession or
admission of guilt; and

(g) except with his own consent, not be tried in his
absence unless-

<

(i) he so conducts himself in the court as io render
the continuance of the proceedings in his
presence impracticable and the court has or-
dered"him to be removed and the trial to
proceed in his absence; or

(ii) he absconds during the trial.

(7) An accused person who is tried for a criminal
offence or any person authorized by him in that behalf shall
be entitled, if he so requires and subject to payment of such
reasonable fee as may be prescribed by law, to bp, given for
his own use, within areaionable time after judgment, a copy
of any record of the proceedings made by or on behalf of
the court.

(8) Ariy person convicted of a criminal offence shall
have the right to have his conviction and sentence reviewed
by a court the jurisdiction of which is superior to the court
in which he was convicted and sentenced.

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CONSTITUTION OF J A W C A

(9) 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 convic-
tion 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 incon-
sistent with or in contravention of this subsection by reason only
that it authorizes 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.

(10) No person shall be held guilty of any criminal
offence on account of any act or omission which did not, at
the time it took place, constitute a criminal offence.

(11) No penalty shall be imposed in relation to any
criminal offence or in relation to an infringement of a civil
nature which is more severe than the maximum penalty
which might have been imposed for the offence or in respect
of that infringement, at the time when the offence was com-
mitted or the infringement occurred.

(12) If, at the time of sentencing of a person who is
convicted of a criminal offence, the penalty prescribed by
law for that offence is less severe than the penalty that
might have been imposed at the time when the offence was
committed, the less severe penalty shall be imposed at the
time of sentencing.

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CONSTITUTION OF JAMICA 53

17.-(1) Every person shall have the right to freedom Protectionof
of religion including the freedom to change his religion and the 22:; Of
right, either alone or in cornrnhity with others and both in
public and in private, to manifest and propagate his religion in
worship, teaching, practice and observance.

(2) The constitution of a religious body or denomina-
tion shall not be altered except with the consent of the governing
authority of that body or denomination.

(3) Every religious body or denomination shall have
the right to provide 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.

(4) No person attending any place of education, except
with his own consent (or, if he is a minor, the consent of his
parent or guardian) shall be required to receive religious instruc-
tion, or to take part in or attend any religious ceremony or
observance, which relates to areligion or religious body or
denomination other than his own.

18.-(1) Nothing contained in or done under any law in so statusof
. .

far as it restricts- marriage.

(a) marriage; or

(b) any other relationship in respect of which any rights
and obligations similar to those pertaining to marriage
are conferred upon persons as if they were husband
and wife,

to one man and one woman shall be regarded as being inconsis-
tent with or in contravention of the provisions of this Chapter.

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CONSTflUTION OF JAMAICA

Application
for redress.

(2) No form of marriage or other relationship referred
to in subsection ,(I), other than the voluntary union of one man
and one woman may be contracted or legally recognized in
Jamaica.

19.-(1) If any person ,alleges that any of the provisions of
this Chapter 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 1awfUlly
available, that person may apply to the Supreme Court
for redress.

(2) Any person authorized by law, or, with the leave of
the Court, a public or civic organization, may initiate an appli-
cation to the Supreme Court on behalf of persons who are
entitled to apply under subsection (1) for a declaration that any
legislative or executive act contravenes the provisions of this
Chapter. I

(3) 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 this
Chapter to the protection of which the person concerned
is entitled.

(4) Where any application is made for redress under
this Chapter, the-Supreme Court may decline to exercise its
powers and may remit the matter to the appropriate court,
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.

(5) Any person aggrieved by any determination of the
Supreme Court under this section may appeal therefrom to the
Court of Appeal.

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'CONSTITUTION OF JAMICA

(6) Parliament may make provision or authorize 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 authorize 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.

20 .41) In this Chapter-

"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-

* !
\

(a) in sections 13(3)(a), 14 and 16 (I), (2), (3), (9,
(6), (7) and (9) (excluding the proviso thereto)

. . of this Constitution includes, in relation to
an offence against service law, a court so consti-
'tuted; and

(b) in section 14 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 l a M l y delegated;

"period of public disaster" means any period during which
there is in force a Proclamation by the Govemor-
General declaring that a period of public disaster
exists;

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56 CONSTITUTION OF J A W C A

"eriod of public emergency" means any period during
which-

(a) Jamaica is engaged in any war;
(b) there is in force a Proclamation by the Governor-

General declaring that a state of public emer-
gency exists; or

(c) there is in force a resolution of each House
of Parliament supported by the votes of a two-
thirds majority of all the members of each
House declaring that democratic institutions in
Jamaica are threatened by subversion;

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

(2) A Proclamation made by the Governor-General
shall not be effective for the purposes of subsection (1) unless
it is declared 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;

(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 sub-
stantial portion of the community, of supplies or ser-
vices essential to life;

(c) that a period of public disaster has arisen 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 fore-
going or not.

(3) 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
fourteen days or for such longer period, not exceeding
three months, as both Houses of Parliament may deter-
mine by a resolution supported by a two-thirds majority
of all the members of each House;

[me inclusion of this page is authorized by L.N. 92c/2012]

' CONSTITUTION OF JAMICA 57

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

(c) may be revoked at any time by a resolution supported
by the votes of a two-thirds majority of all the members
of each House.

. - - (4) A resolution passed by a House for the purpose of
paragraph (c) of the definition of "period of public emergency"
in subsection (1) may be revoked at any time by a resolution
of that House supported by the votes of a majority of all the
members thereof. .

(5) &The court shall be competent to enquire into and
determine whether a proclamation or resolution purporting to
have been made or passed under this section was made or
passed for iiny puqose specified in this section or whether any
measures taken pursuant -thereto are reasonably justified for
that .purpose.

21. [Repealed by Act 12 of 2011.1

22. [Repealed by Act 12 of 201 1 .]

23. [Repealed by Act 12 of 201 1 .]

24. [Repealed by Act 12 of 201 1 .]

26. [Repealed by Act 12 of 201 1 .I

. .
CHAPTER IV

7"

27. There shall be a Governor-General of Jamaica who shall Establish-
ment of be appointed by Her Majesty and shall hold office during Her oficeof

Majesty's pleasure and who shall be Her Majesty's represent- Governor-
ative in Jamaica. General.

[The inclusion of this page is authorized by LN. 92~120121

I

58 CONSTITUTION OF JAMAICA

Oaths to be 28. A person appointed to the office of Governor-General
shall, before entering upon the duties of that oRce, take and

General. subscribe the oaths of allegiance and for the due execution of
First Schedule. the office of Governor-General in the forms set out in the First

Schedule to this Constitution.

Acting 29.-41) Whenever the ofice of Governor-General is vacant
Govemor-
General. 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 pefi~rmed 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 fiom 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.

Deputy to 3b.+l) Whenever the overn nor-~eAeral-
Govemor-
General.

(a) has occasion to be absent fiom the se?, of Government
i 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

[The inclusion of this page is authorized by L.N. 92~/2012]

CONSTITUTION OF JAMAICA

(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 g,",$_-
Governor-General, the salaries and allowances that are to General.
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
' -

--' ' -Cl''h.e inclusion of this page- is authorized by LN. 50/1979]

CONSTITUTION OF JAMAICA

the time being prescribed under subsection (1) of this sectiton
as offices that are to constitute the personal staff of the
Governor-General, and to remove and to exercise dis-
ciplinary 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 hils discretion,
may appoint to any of the offices prescribed under sub-
section (1) of this section such public officers as he may
select from a list submitted by the Public Service Commis-
sion, but-

(a) the provisions of subsection (3) of this section shall
apply in relation to an officer so appointed as res-
pects 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 con-
tinuance 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 ap-
pointed 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, 11 1, 124, 129, 132, 133 and 134 of this Constitution
be deemed to be public offices.

me inclueion of this page is authorized by LN. 50/1979]

CONSTITUTION OF JAMAICA 6

32.41) The Governor-General shall act in accordance Exerciseof
with the advice of the Cabinet or a Minister acting under the ~ ~ ~ ~ ~ f -
general authority of the Cabinet in the exercise of his fun"tiom.
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

(6) any function which is expressed (in whatever
terms) to be exercisable by hilm 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 autho-
rity concerned; and

(b ) if that person or authority, having reconsidered
the original recommendation under the preceding
paragraph, substi:tutes therefor a different recom-
mendation, 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 recomrnenda-

CONSTITUTION OF JAMAICA

tion or advice of, or with the concurrence of, or after con-
sultation 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 recommendati:on of the Prime
Minister after consultation with the Leader of the Opposi-
tion the following steps shall be taken : -

(a) the Prime Minister shall first consult the Leader
of the Opposition and thereafter tender his recom-
mendation to the Governor-General;

(6) 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 Opposi~tion does not concur in
the recommendation the Governor-General shall
so inform the Prime Minister and refer the recom-
mendation 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-Genral
by or under this Constitution or any other law.

Broadseal. 33. The Governor-General shall keep and use the Broad
Seal for sealing all things whatsoever that shall pass under
the said Seal.

. . ~

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CONSTITUTION OF JAMAICA

CHAPTER V
PARLIAMENT

PART I

Composition of PnrIiament

34. There shall be a Parliament of Jamaica which shall ment Establish- of
consist of Her Majesty, a Senate and a House of Representa- parliament.
tives.

35.41) The Senate shall consist of twenty-one persons Senate.
who being qualified for appointment as Senators in accord-
ance with this Con~ti~tution 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 House of
Representa- who, being qualified for election as members in accordance ti"=.

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 Qualifica-
tions and section a person shall be qualified to be registered as an disqualifica-
tions for 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

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CONSTITUTION OF JAMAICA

(b) 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 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
servhg 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 i,mprisonment the execution of which is sus-
pended; 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 con-
nected 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 ad-
judged 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.

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CONSTITUTION OF JAMAICA

(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 major-

ity 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.-(I) Any law for the time being providing for the ,l,,,o,,l
election of members of the House of Representatives shall- law.

(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 Representa-
tives shall have a reasonable opportunity of so
voting; and

(b) contain provisions relating to the conduct of
elections of members of the House of Representa-
tives, including provisions relating to the identifica-
tion 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.

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CONSTITUTION OF JAMAICA

(2) No election of a member of the House of Repre-
sentatives shall be called in question on the ground that the
law under which that election was conducted was inconsis-
tent with this section.

Qualifica- 39. Subject to the provisions of section 40 of this Con-
t~on for
memberhip stitution, any person, who at the date of his appointment

or nomination for election-
of Represent-
atives. (a) is 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.

Disqualifica- 40.41) NO person shall be qualified for election as a
Egbf"&ip member of the House of Representatives who-
d Senate
and House (a) is a member of the Senate;
of Repre-
sentatives. (6) is disqualified for election any law for the ti.me

being in force in Jamaica by reason of his holding,
or acting in, any office the functions of which in-
volve any responsibility for, or in connection with,
the conduct of any election, or any respon~i~bility
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 Represen-
tatives who-

(a) is, by virtue of his own act, under any ac-
knowledgment of allegiance, obedience or ad-
herence 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

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CONSTITUTION OF JAMAICA

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 com-
pany 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 what-
ever name called) of or exceeding six months im-
posed on him by such a court or substituted by
competent authority for some other sentence im-
posed 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 Common-
wealth and has not been discharged;

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

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CONSTITUTION OF JAMAICA

(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 imprison-
ment imposed as an alternative to or in default
of the payment of a fine.

Tenureof 4 1 4 1 ) The seat of a member of either House shall be-
Office come vacant- Senators
and members
of House of
Representa- (a) upon the next dissolution of Parliament after he
t i ve~ . has been appointed or elected;

(b) if he resigns his seat;

(c) if he is absent from sittings of the House for such
per id and in such circumstances as may be pre-
scribed 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 acknowledg-
ment 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 be-

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CONSTITUTION OF JAMAICA

come a subject or ci!tizen of any foreign Power
or State;

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;

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 afore-
said, 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 satis-
faction of the Court that he, acting reason-

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CONSTITUTION OF JAMAICA

ably, 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 comp-
any of which he is a director or manager, be-'
comes a party to any contract with the Govern-
ment 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 comp-
any), discloses to the Senate or to the House
of Representatives (as the case may be)
the nature of such contract and the in-
terest 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 hils seat if he establishes to the satis-
faction of the Court that he, acting reason-
ably, was not aware that the firm or comp-

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CONSTITUTION OF JAMAICA

any was or had become a party to such
contract.

(2) The seat of a member of the House of Repre-
sentatives shall become vacant if-

(a) he is appointed as a Senator; or

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

(3) (a) Subject to the provisions of paragraph (b)
of this subsection, if any member of either House is sen-
tenced by a court in any part of the Commonwealth to
death or to imprisonment (by whatever name called) for
z i 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 wilthout 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 ia reduced to a term of imprisonment
of less than six months or a punishment other than im-
prisonment 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.

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CONSTITUTION OF JAMAICA

(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, ac-
count 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 alterna-
tive to or in default of the payment of a
fine.

(4) (a) Subject to the provisions of paragraph (6)
of this subsection, if any member of either House is ad-
judged 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, how-
ever, 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 ter-
minated, his seat shall not become vacant under paragraph
(a) of this subsection and he may resume the exercise of his
functions as a member.

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CONSTITUTION OF JAMAICA 73

42.41) When the Senate first meets after any dissolution President
and Deputy of Parliament and before it proceeds to the despatch of any p resident

other business, it shall elect a Senator, not being a Minister Of Se"ate.
or a Parliamentary Secretary, to be President; and when-
ever 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 Presi-

dent ceases to be a member by reason of a dissolu-
tion of Parliament, he shall be deemed to continue
in office for the purposes of section 47 of this Con-
stitution 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;

7

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CONSTlTUTION OF JAMAICA

(c) i~f, under the provisions of subsection (3) or sub-
section (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 Parlia-
mentary Secretary; or

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

Speaker 43.-(1) When the House of Representatives first meets
and Deputy aft
Speaker of er any dissolution of Parliament, and before it proceeds
Houseof Represenla- to the despatch of any other business, it shall elect one of
tives. 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
slready 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 iil1 that office.

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

(a) if he resigns that office;

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CONSTITUTION OF JAMAICA

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 Con-
stitution 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;

if, under the provisions of subsection (3) or sub-
section (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;

if he is appointed to be a Minister or a Parlia-
mentary Secretary; or

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

44.-(1) Any question whether- Deter-
mination of

(a) any person has been validly elected or appointed :::itions
as a member of either House; or membership.

(b) any member of either House has vacated his seat
therein or is required, under the provisions of sub-
section (3) or subsection (4) of section 41 of this
Constitution, to cease to exercise any of his func-
tions as a member,

shall be determined by the Supreme Court or, on appeal, by
the Court of Appeal whose decision shall be final, in accord-
ance with the provisions of any law for the time being in
force in Jamaica and, subject to any such law, in accord-
ance with any directions given in that behalf by the Chief
Justice.

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CONSTITUTION OF JAMAICA

Filling of
vacancies.

Unqualified
persons
sitting or
voting.

(2) Proceedings for the determination of any ques-
tion 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.

45.41) (a) Whenever the seat of any member of the
Senate becomes vacant, the Governor-General shall, by in-
strument under the Broad Seal, appoint to fill the vacancy
a pzrson qualified in accordance wiath this Constitution for
appointment as a Senator.

(6) 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 ad-
vice of the Prime Minister; and

(ii) was appointed on the advice of the
Leader of the Opposition, act in accord-
ance 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 reccverable by civil
action in the Supreme Court at the suit of the Attorney-
General.

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CONSTITUTION OF JAMAICA 77

47.41) The offices of Clerk and Deputy Clerk of the Clerksto - -
Senate are hereby constituted and appointments to those
offices shall be made by the Governor-General, acting on ;;$.their
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 unti.1 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
mis behaviour .

(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), (3,
(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 consist-
ing of the following persons, that is to say:-

(a) the Speaker, as Chairman;

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CONSTZTUTZON OF JAMAICA

(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-

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

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;

an officer so appointed shall not, during his contin-
uance in the office of Clerk or Deputy Clerk,
perform the functions of any public office; and

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

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.- . - - - -- . -- - - - - - .

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 recom-
mendation 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 con-
stitute 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 prescrilbed under subsection (11) of this sec-
tion 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.

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80 CONSTITUTION OF JAMAICA

(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 Ja-
maica or is otherwise unable to perform those functions, be
performed by the Deputy Speaker.

Powers and Procedure of Parliament

Power to 48.-(1) Subject to the provisions of this Constitution,
makelaws. 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

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CONSTITUTION OF JAMAICA

privileges, immunities and powers of the two Houses and
the members thereof.

(3) No civil or criminal proceedings may be insti-
tuted 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 com-
miittee 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 members of
both Houses shall enjoy freedom from arrest for any civil1
debt except a debt the contraction of which constitutes a
criminal offence.

(5) No process issued by any court in the exercise
of its civii 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.

49.41) Subject to the provisions of this section Parlia- Alteration
of this ment may by Act of Parliament passed by both Houses Constitution.

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. l o & 1 1

,Elliz. 2 c. 40.

(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, sub-
sections (21, (3), (4), (3, (6) or (7) of section 96,
sections 97, 98, 99, subsections (3), (41, (3, (6), (71,
(8) or (9) of section 100, sections 101, 103, 104, 105,
subsections (31, (4), (3 , (6), (7), (8) or (9) of section
106, subsections (I), (21, (41, (3 , (6), (7), (8, (9)
or (10) of section 111, sections 112, 113, 114, 116,

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CONSTITUTION OF JAMAICA

11 7, 1 18, 1 19, 120, subsections (2), (3), (4), (5), (6)
or (7) of section 121, sections 122, 124, 125, sub-
section (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 introduc-
tion 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-

this section;

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 Con-
stitution;

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

any of the provisions of the Jamaica Independence
Act, 1962, 1.1

(4
2 c. 40.

a Bill for an Act of Parliament under this section shall not
be submitted to the Governor-General for his assent un-
less-

(i) a period of three months has elapsed be-
tween the introduction of the Bill into the
House of Representatives and the com-

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CONSTITUTION OF JAMAICA

mencement 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 Repre-
sentatives 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 pro-
visions 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

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CONSTITUTION OF JAMAICA

session, is r.ejected 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 (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 i'ts 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 sent to the Senate
in each of those sessions at least one month before
the end of the session, the second occasion being

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CONSTITUTION OF JAMAICA

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 submit-
ted 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) if! this sectionSa 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 \he 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 lo& 11
or the Jamaica Independence Act, 1 962, includes c. 40.

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CONSTlTUTION OF JAMAICA

Regulation
of procedure
in Houses of
Parliament.

Residing in
Senate and
House of
Representa-
tives.

references to- any law that alters that provision;
and

( b ) "alter" includes amend, modify, re-enact with or with-
out amendment or modification, make different provi-
sion in lieu of, suspend, repeal or add to.

50. [Repealed by 12 of 201 1, S. 3.1

51 .41 ) 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 Presi-
dent 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

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CONSTITUTION OF JAMAICA 87

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 as-
certains 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 mem-
bers besides the person presiding; and

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

54 .41) Save as is otherwise provided in this Constitu- Voting.
tion, all questions proposed for decision in either House
shall be determined by a majority of the votes of the mem-
bers 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

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CONSTITUTION OF JAMAICA

(6) except in the case of the final vote on a Bill for
an Act of Parliament under subsection (3) of sec-
tion 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.

Introduction 55.-(1) Subject to the provisions of this Constitution
of Bills. etc. 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 intro-
duced in either House, but a Money Bill shall not be in-
troduced in the Senate.

(3) Except on the recommendation of the Governor-
General signified by a Minister, the House of Representa-
tives 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 (ilncluding any amend-
ment 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

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CONSTITUTION OF JAMAICA

(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 amend-
ment 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 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;

(b) proceed upon any motion (including any amend-
ment 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.

56.41) Subject to the provisions of this Constitution, if
a Money Bill, having been passed by the House of Repre- gnz;:n;f
sentatives and sent to the Senate at least one month before Money BUS.
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

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'90 CONSTITUTION OF JAMAICA
I

signed by him that it is a Money Bill; and there shall be
endorsed on any Money Bill that is presented to the Gover-
nor-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 .

' on Restriction p o ~ e r s of 57.-(1) Subject to the provisions of this Constitution, if
senate as to any Bill other than a Money Bill is passed by the House of
Bills other
than Money Representatives-
Bills and
certain other
Bills. (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 shce the date of the former Bill or to represent

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CONSTITUTION OF JAMAICA

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 amend-
ments 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 presen-
ted 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 pre-
sented to the Governor-General for assent in pursuance of
this section the certilficate 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.

58.41) In sections 55, 56 and 57 of this Constitution provisions
"Money Bill" means a public Bill which, in the opinion of
the Speaker, contains only provisions dealing with all or any 56 and 57.
of the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposi-
tion, for the paymen't of debt or other financial purposes,
of charges on the Consolidated Fund or any other public
funds or on monies provided by Parliament, or the varia-

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CONSTITUTION OF JAMAICA

tion or repeal of any such charges; the grant of money to
the Crown or to any authority or person, or the variation
or revocation of any such grant; the appropriation, receipt,
custody, investment, issue or audit of accounts of public
money; the raising or guarantee of any loan or the repay-
ment thereof, or the establishment, alteration, administra-
tion or abolition of any sinking fund provided in connection
with any such loan; or subordiate matters incidental to any
of the matters aforesaid; and in this subsection the expres-
sions "taxation", "debt", "public fund", "public money"
and "loan" do not include any taxation imposed, debt in-
curred, fund or money provided or loan raised by any local
authority or body for local purposes.

(2) For the purposes of section 57 of this Constitu-
tion, a Bill shall be deemed to be rejeoted by the Senate if-

(a) it is not passed by the Senate without amendment
within one month after it is sent to that House; or

(b) it is passed by the Senate with any amendment
which is not agreed to by the House of Representa-
tives.

(3) Where the office of Speaker is vacant or the
Speaker is for any reason unable to perform any function
conferred upon him by subsection (1) of this section or by
section 56 or 57 of this Constitution, that function may be
performed by the Deputy Speaker.

(4) Any certificate of the Speaker or Deputy
Speaker given under section 56 or 57 of this Constiltution
shall be conclusive for all purposes and shall not be
questioned in any court.

(5) Before giving any such certificate the Speaker
or Deputy Speaker, as the case may be, shall, if practicable,
consult the Attorney-General.

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CONSTITUTION OF JA MAICA 93

59.41) Any statutory instrument to which this section Restriction
applies and which, having been laid before the Senate- Onpowem of %ate

as to certain
(a) in any session at least seven months before the end statutory

instruments.
of the session, is not approved by the Senate shall,
if it is again laid before the Senate at least one
month before the end of that session, or

(b) in any session at least one month before the end of
the session, is not approved by the Senate in that
session shall, if it is again laid before the Senate
at least one month before the end of the next
succeeding session (whether of the same Parlia-
ment or not),

but not earlier than six months after i.t was laid for the
first time, be deemed to have been approved by the Senate
at the end of the session itn which it was laid for the second
time if it has not earlier been so approved.

(2) In this section "statutory instrument" means any
document by which the Governor-General, the Governor of
the former Colony of Jamaica, a Minister or any other
executive authority has exercised a power to make, confirm
or approve orders, rules, regulations or other subordinate
legislation, being a power conferred by any law enacted
(whether before or after the appointed day) by any legisla-
ture in Jamaica, and the statutory instruments to which this
section applies are all statutory instruments in respect of
which it is provided (in whatever terms) that they may not
come into force until approved by the Senate.

(3) For the purposes of this section a statutory
instrument that is laid before the Senate in any session shall
be deemed to be the same statutory instrument as a former
statutory instrument laid before the Senate, in the same or
in the preceding session if, when it is laid before the Senate,
it is identical with the former statutory instrument or con-
tains only such alterations as are certified by the President

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CONSTZTUTION OF JAMAICA

to be necessary owing to the time that has elapsed since the
date of the former statutory instrument.

(4) Where the office of President is vacant or the
President is for any reason unable to perform the function
conferred upon him by subsection (3) of this section that
function may be performed by the Deputy President.

(5) Any certikicate of the President or Deputy
President given under subsection (3) of this section shall
be conclusive for all purposes and shall not be questioned
in any court.

Assent
to Bills.

6 0 4 1 ) A Bill shall not become law until the Governor-
General has assented thereto in Her Majesty's name and on
Her Majesty's behalf and has signed it in token of such
assent.

(2) Subject to the provisions of sections 37, 49, 50,
56 and 57 of this Constitution, a Bill shall be presented to
the Governor-General for assent if, and shall not be so
presented unless, it has been approved by both Houses
of Parliament either without amendment or with such
amendments only as are agreed to by both Houses.

(3) When a Bill is presented to the Governor-
General for assent he shall signify that he assents or that he
withholds assent.

Words of 61.41) In every Bill presented to the Governor-General
enactment. for assent, other than a Bill for a special Act as defined in

subsection (3) of section 37 of this Constitution or a Bill
presented under section 49, 56 or 57 of this Constitution or
a Bill for an Act to which section 50 of this Constitution
refers, the words of enactment shall be as follows : -

"Be it enacted by The Queen's Most Excellent
Majesty, by and wi,th the advice and consent of
the Senate and House of Representatives of

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CONSTITUTION OF JAMAICA

Jamaica, and by the authority of the same, as
follows : -".

(2) In every Bill for a special Act as defined in sub-
section (3) of section 37 of this Constitution presented to
the Governor-General for assent the words of enactment
shall be as follows : -

"Be it enacted by The Queen's Most Excellent
Majesty, by and with the advice and consent of
the Senate and the House of Representatives of
Jamaica in accordance with the provisions of sub-
section (3) of section 37 of the Constitution of
Jamaica, and by the authority of the same, as
follows : -".

(3) In every Bill presented to the Governor-General
for assent under section 49 of this Constitution, the words of
enactment shall be as follows : -

"Be it enacted by The Queen's Most Excellent
Majesty, by and wilth the advice and consent of
the Senate and the House of Representatives of
Jamaica (or of the House of Representatives of
Jamaica, as the case may be) in accordance with
the provisions of section 49 of the Constitution of
Jamaica, and by the authority of the same, as
follows : -".

(4) In every Bill for an Act to which section 50 of
this Constitution refers presented to the Governor-General
for assent the words of enactment shall be as follows :-

"Be it enacted by The Queen's Most Excellent
Majesty, by and with the advice and consent of
the Senate and the House of Representatives of
Jamaica in accordance with the provisions of sec-
tion 50 of the Constitution of Jamaica, and by the
authority of the same, as follows : -".

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CONSTITUTION OF JAMAICA

(5) In every Bill presented to the Governor-General
for assent under sections 56 and 57 of this Constitution,
the words of enactment shall be as follows : -

"Be it enacted by The Queen's Most Excellent
Majesty, by and with the advice and consent of
the House of Representatives of Jamaica in accord-
ance with the provisions of section 56 (or section
57, as the case may be) of the Constitution of
Jamaica, and by the authority of the same, as
follows : -".

(6) Any alteration of the words of enactment of a
Bill made in consequence of the provisions of subsection (3)
or subsection (5) of this section shall be deemed not to be an
amendment of the Bill.

Oath of 62. No member of either House shall take part in the
allegiance. proceedings thereof (other than proceedings necessary for

the purpose of this section) until he has made and subscribed
before that House the oath of allegiance :

Provided that the election of a President or a Speaker
(as the case may be) may take place before the members
of the House have made and subscribed such oath.

Summoning, prorogation and dissolution

sessionsd 63.-(1) Each session of Parliament shall be held at such
Parliament. place within Jamaica and shall commence at such time as

the Governor-General may by Proclamation published
in the Gazette appoint.

(2) Sessions shall be held at such times so that a
period of six months shall not intervene between the last
sitting of Parliament in one session and the first sitting there-
of in the next session.

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C O N S T m I O N OF JAMAICA 97

64.-41) The Governor-General may at any time by Pro- Prorogation
and dis- clamation published in the Gazette prorogue or dissolve solutionof

Parliament. Parliament.

(2) Subject to the provisions of subsection (3) of this
section, Parliament, unless sooner dissolved, shall continue
for five years fiom the date of its first sitting after any
dissolution and shall then stand dissolved.

(3) At any time when Jamaica is at war, Parliament may
fiom time to time extend the period of five years specified in
subsection (2) of this section for not more than twelve months
at a time: M

Provided that the life of Parliament shall not be extended
under this subsection for more than two years.

(4) If, between a dissolution of Parliament and the next
ensuing general election of members to the House of Represen-
tatives, an emergency arises of such a nature that, in the
opinion of the Prime Minister, it is necessary for the two
Houses or either of them to be summoned before that general
election can be held, the Governor-General may, by Pro-
clamation published in the Gazette, summon the two
Houses of the preceding Parliament and that Parliament shall
thereupon be deemed (except for the purposes of section 65 of
this Constitution) not to have been dissolved but shall be
deemed (except as aforesaid) to be dissolved on the date on
which the polls are held in the next ensuing general
election.

(5) In the exercise of his powers under this section the
Governor-General shall act in accordance with the advice to
the Prime Minister:

Provided that if the House of Representatives by a reso-
lution which has received the affirmative vote of a majority
of all the members thereof has resolved that it has
no confidence in the Government, the Governor-General shall
by Proclamation published in the Gazette dissolve Parlia-
ment. '.__

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98 CONSTITUTION OF JAMICA

General 65.+1) A general election of members of the House of
elections
and appoint- Representatives shall be held at such time within three
ment of months 'after every dissolution of Parliament as the Governor-
Senaton. General, acting in accordance with the advice of the

Prime Minister, shall appoint by Proclamation published in
the Gazette.

(2) As soon as may be after every general election the
a

Governor-General shall proceed under section 35 of this
Constitution to the appointment of Senators.

Delimitation of ~onstituencies

Establish-
ment of fist
Consti-
tuencies.

QB.+l) Until otherwise provided by an Order made by
the Governor-General under section 67 of this Constitution,
Jamaica shall, for the purpose of electing the members of
the House of Representatives, be divided into the forty five
constituencies prescribed by the Constituencies (Boundaries)
Order, 1959 made by the Governor of the former Colony
of Jamaica and published in the Gazette of the 28th day of
May, 1959.

(2) Every constituency established under this section
or under section 67 of this Constitution shall return one
member to the House of Representatives.

Standing 67.-41) Subject to the provisions of section 66 of this
Committee of
House of Constitution, Jamaica shall, for the purpose of election of

a
Represenla- m e m h to the House of Representatives, be divided into
tives. such number of constituencies, being not less than forty five
5n009 nor more than sixty five, as may from time to time be
S. 2. provided by Order made by the Governor-General under this

section.

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CONSTZTUTZON OF JAMAICA

(2) As soon as practicable after the House of
Repre~entati~ves first meets after the appointed day or
following any general election there shall be established
a Standing Committee of the House consisting of-

(a) the Speaker, as Chairman;

(b) three members of the House appointed by the
Prime Minister; and

(c) three members of the House appointed by the
Leader of the Opposition.

(3) It shall be the function of the Standing Com-
mittee to keep under continuous review-

(a) the number of constituencies into which Jamaica
is to be divided; and

(b) the boundaries of such constituencies.

(4) Subject to the provisions of this section, the pro-
cedure of the Standing Committee shall be determined by
the Standing Orders of the House of Representatives.

(5) The Standing Committee shall, in accordance
with the provisions of the following subsection, submit to
the House of Representatives reports either-

(a) showing the constituencies into which it recom-
mends that Jamaica should be divided in order to
give effect to the rules set out in the Second
Schedule to this Constitution; or

(b) stating that, in the opinion of the Committee, no
alteration is requked in the existing number or
boundaries of constituencies in order to give effect
to the said rules.

(6). Reports under subsection (5 ) of this section shall
be submittted by the Standing Cornittee-. . -

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CONSTITUTION OF JAMAICA

(a) in the case of its first report after the appointed
day, not less than four nor more than six years
from that day; and

(6) in the case of any subsequent report, not less than
four nor more than six years from the date of
the submission of its last report.

(7) Where the Standing Committee i.ntends to con-
sider making a report, it shall, by notice in writing, inform
the Minkter responsible for the conduct of elections (here-
after in this section called "the Minister") accordingly, and
a copy of that notice shall be published in the Gazette.

(8) As soon as may be after the Standing Committee
has submitted a report to the House under paragraph (a)
of subsection (5) of this section, the Minister shall lay before
the House for its approval the draft'of an Order by the
Governor-General for giving effect to the recommendations
contained in the report and that draft may make provision
for any matters which appear to the Minister to be incidental
to or consequential upon the other provisions of the draft.

(9) Where any draft made under this section gives
effect to any such recommendations with modifications, the
Minister shall lay before the House together with the draft
a statement of the reasons for the modifications.

(10) If the motion for the approval of any draft
made under this section is rejected by the House of Repre-
sentatives, or is withdrawn by leave of that House, the
Minister shall amend the draft and lay the amended draft
before the House of Representatives.

(11) If any draft made under this section is
approved by resolution of the House, the Minister shall
submit it to the Governor-General who shall make an
Order (which shall be published in the Gazette) in terms of
the draft; and that Order shall come into force on such

CONSTITUTION OF JAMAICA 101

day as may be specified therein and, until revoked by a
further Order made by the Governor-General in accordance
with the provisions of this section, shall have the force of
law :

Provided that the coming into force of any such Order
shall not affect any election to the House of Representatives
until a proclamation is made by the Governor-General
appointing the date for the holding of a general election
of members to the House of Representatives or affect the
constitution of the House of Representatives until the dis-
solution of the Parliament then in being.

(12) An Act of Parliament may provide for tht in-
stitution of proceedings in the Supreme Court for the pur-
pose of determining whether or not any report made under
subsection (5 ) of this section gives effect to the provisions
of this section and empower the Supreme Court, subject
to an appeal to the Court of Appeal, to make whatever
orders are necessary in order to ensure that effect is given
to those provisions and to make orders relating to the costs
of those proceedings.

(13) Subject to the provisions of any Act to which
subsection (12) of this section refers, the question of the
validity of any Order by the Governor-General purporting
to be made under this section and reciting that a draft
thereof has been approved by resolution of the House of
Representatives shall not be enquired into in any court.

6 8 4 1 ) The executive authority of Jamaica is vested in Executive
Her Majesty. authoriq of Jamslcb

(2) Subject to the provisions of this Constitutioni
the executive authority of Jamaica may be exercised on

We inclwion of this page is author% by LN. 41/1981]

Appoint-
ment of
Ministers.

CONSTITUTION OF JAMAICA

behalf of Her Majesty by the Governor-General either
directly or through officers subordinate to him.

(3) Nothing in this section shall prevent Parliament
from conferring functions on persons or authorities other
than the Governor-General.

69.-(1) There shall be in and for Jamaica a Cabinet
which shall consist of the Prime Minister and such number
of other Ministers (not being less than eleven) selected from
among Minkters appointed in accordance with the provi-
sions of section 70 of this Constitution as the Prime Minister
may from time to time consider appropriate.

(2) The Cabinet shall be the principal instrument
of policy and shall be charged with the general direction
and control of the Government of Jamaica and shall be
collectively responsible therefor to Parliament.

(3) Not less than two nor more than four of the
Ministers selected pursuant to subsection (1) shall be persons
who are members of the Senate.

70.-(1) Whenever the Governor-General has occasion
to appoint a Prime Minister he, acting in his discretion,
shall appoint the member of the House of Representatives
who, in his judgment, is best able to command the confi-
dence of a majority of the members of that House and shall,
acting in accordance with the advice of the Prime Minister,
appoint from among the members of the two Houses such
number of other Ministers as the Prime Minister may advise.

(2) [Deleted by Act 16 of 1986.1
(3) If occasion arises for making an appointment

while Parliament is dissolved, a person who was a member
of the House of Representatives immediately before the
dissolution may be appointed Prime Minister and a person
who was a member of either House immediately before the
dissolution may, subject to the provisions of subsection (2)
of this section, be appointed as any other Minister as if, in
each case, such person were still a member of the House

me inclueion of this page is authorized by LN. 41/1987]

CONSTITUTION OF JAMAICA

in question, but any person so appointed shall vacate office
at the beginning of the next session of that House if he is
not then a member thereof.

(4) Appointments under this section shall be made
by instrument under the Broad Seal.

71.41) The office of Prime Minister shall become Tenureof
office of

vacant- Ministers.

(a) if he resigns his office;
(b) if he ceases to be a member of the House of

Representatives otherwise than by a dissolution of
Parliament;

(c) if, under the provisions of subsection (3) or sub-
section (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) when, after any dissolution of Parliament, the
Prime Minister is informed by the Governor-
General, acting in his discretion, that the Gover-
nor-General is about to re-appoint him as Prime
Minister or appoint another person as Prime
Minister; or

(e) if the Governor-General revokes his appointment
in accordance wilth the provisions of subsection
(2) of this section.

(2) If the House of Representatives by a resolution
which has received the affirmative vote of a majority of all
the members thereof has resolved that the appointment of
the Prime Mhister ought to be revoked, the Governor-
General shall, subject to the provisions of subsection (3) of
this section, by instrument under the Broad Seal, revoke his
appointment.

(3) If the House of Representatives has passed a
resolution as provided by subsection. (2) of this section-that

CONSTITUTION OF JAMAICA

the appointn~ent of the Prime Minister ought to be revoked,
the Governor-General shall consult with the Prime Minister
and, if the Prime Minister within three days so requests, the
Governor-General shall dissolve Parliament instead of re-
voking the appointment.

(4) The office of a Minister, other than the office of
Prime Minister, shall become vacant-

(a) upon the appointment or re-appointment of any
person to the office of Prime Minister;

(b) if his appointment to his office is revoked by the
Governor-General, acting in accordance with the
advice of the Prime Minister, by instrument under
the Broad Seal;

(c) if, for any reason other than a dissolution of Parlia-
ment, he ceases to be a member of the House of
which he was a member at the date of his appoint-
ment as a Minister;

(d) if under the provisions of subsection (3) or sub-
section (4) of section 41 of this Con~ti~tution, he is
required to cease to exercise any of his functions
as a member of either House; or

(e) if he resigns his office.

Performance 72.41) Whenever the Prime Minister is unable, by
reason of his illness or absence from Jamaica, to perform

functionsin the functions of his office, the Governor-General may, by
certain
events. instrument under the Broad Seal, authorise any other

Minister who is a member of the House of Representatives
to perform the functions conferred on the Prime Minister
by this Constitution (other than the functions conferred on
him by subsection (3) of this section).

YU_I

[me. inclusion of this page is authorized by L.N. 501 19391

CONSTITUTION OF JAMAICA 105

(2) The Governor-General may, by instrument
under the Broad Seal, revoke any authority given under
this section.

(3) The power conferred on the Governor-General
by this section shall be exercised by him acting in his discre-
tion if in his opinion it is i'mpracticable to obtain the advice
of the Prime Minister owing to the Prime Minister's illness
or absence, and in any other case shall be exercised by the
Governor-General in accordance with the advice of the
Prime Minister.

73.-(1) Whenever a Minister other than the Prime ,,,
Minister is unable, by reason of his illness or absence from Ministers.
Jamaica, to perform the functions of his office, the Gover-
nor-General may, by instrument under the Broad Seal,
appoint a person who is a member of the same House as
that Minister to be a temporary Minister :

Provided that if occasion arises for making an appoint-
ment while Parliament is dissolved, a person who, im-
mediately before the dissolution, was a member of the
same House as the aforesaid Minister, may be appointed
as a temporary Minister as if he were still a member of that
House but any person so appointed shall, vacate office at
the beginning of the next session of that House if he is not
then a member thereof.

(2) Subject to the provisions of section 71 of this
Constitution a temporary Minister shall hold office until he
is notified by the Governor-General, by ilnstrument under
the Broad Seal, that the Minister on account of whose
inability to perform the functions of his office he was ap-
pointed is again able to perform those functions or until
that Minister vacates his office.

(3) The powers conferred on the Governor-General
by this section shall be exercised by him in accordance with
the advice of the Prime Minister.

me idusion of this pnge is authorized by LN. 50/1979]

106

Oath.

Presiding
in Cabinet

Governor-
General to
be informed

CONSTITUTION OF JAMAICA

74. The Prilme Minister and every other Minister
shall, before entering upon the duties of his office,
make before the Governor-General the oath of allegiance
and the appropriate oath for the due execution of his office
in the forms set out in the First Schedule to this Constitu-
tion.

75. The Prime Minister shall, so far as is practicable,
attend and preside at all meetings of the Cabinet and in his
absence such other Minister shall preside as the Prime
Minister shall appoint.

76. The Prime Minister shall keep the Governor-General
fully informed concerning the general conduct of the govern-

concerning
,ttersof ment of Jamaica and shall furnish the Governor-General
Goverment. with such information as he may request with respect to any

Assignment
of respon-
sibilities to
Ministers.

361 1975
S. 3.

particular matter relating to the government of Jamaica.

77.-(1) Subject to the provisions of this Consti,tution,
the Governor-General, acting in accordance with the advice
of the Prime Minister, may, by directions in writing, charge
any Minister who is a member of the House of Representa-
tives, or (except in so far as may be inconsistent with any
Ministerial functions under section 67, 115, 116 or 118 of
this Constitution) who is a member of the Senate with the
responsibility for any subject or any department of govern-
ment.

(2) Nothing in this section shall empower the
Governor-General to confer on any Minister authority to
exercise any power or to discharge any duty that is con-
ferred or imposed by this Constitution or any other law on
the Governor-General or any person or authority other
than that Minister.

(3) With the approval of the House of Representa-
tives signified by a resolution directions in writing made

me idus ion of this page is authorized by LN. 501 19791

CONSTZTUTZON OF JAMAICA

under subsection (1) of this section may be given retro-
active effect.

78.41) The Governor-General, acting in accordance Parliamea-
with the advice of the Prime Minister, may, by instrument F,",etaries.
under the Broad Seal, appoint Parliamentary Secretaries
from among the members of the two Houses to assist
Ministers in the discharge of their functions.

(2) [Deleted by Act 1 of 1977.1

(3) If occasion arises for making an appointment to
the office of Parliamentary Secretary while Parliament is
dissolved, a person who was a member of either House of
the last Parliament may be appointed as if he were still a 111977
member of that House but any person so appointed shall "

vacate office at the beginning of the next session of that
House if he is not then a member thereof.

(4) The provisions of subsection (4) of section 71
and section 74 of this Constitution shall apply to Parlia-
mentary Secretaries as they apply to Ministers.

79.41) There shall be an Attorney-General who shall Attorney-
General. be the princiipal legal adviser to the Government of Jamaica.

(2) Power to appoint a person to hold or act in the
office of Attorney-General and to remove from that office
a person holding or acting in it shall, subject to subsection
(4) of this section, be exercised by the Governor-General
acting in accordance with the advice of the Prime Minister.

(3) Any person appointed to hold or act in the office
of Attorney-General in pursuance of subsection (2) of this
section shall not, except in accordance with the provisions
of section 70 of this Constitution, be appointed a Minister.

(4) Until an appointment of a person to hold or act
in the office of Attorney-General is first made under the
provisions of subsection (2) of this section, it shall be a

[The inclusion of this page is authorized by LN. 50/1979]

CONSTITUTION OF JAMAICA

public office and a person shall not be qualified to hold or
act in that office unless he is qualified for appointment as a
Judge of the Supreme Court.

(5 ) On the occasion of the first appointment of a
person to hold or act in the office of Attorney-General under
the provisions of subsection (2) of this sectiton, the office of
Attorney-General as a public office shall be deemed to have
been abolished.

Leaderof 80 .41) There shall be a Leader of the Opposition who
the Opposi-
tion. shall be appointed by the Governor-General by instrument

under the Broad Seal.

(2) Whenever the Governor-General has occasion
to appoint a Leader of the Opposition he shall, in his discre-
tion, appoint the member of the House of Representatives
who, in his judgment, is best able to command the support
of a majority of those members who do not support the
Government, or, if there is no such person, the member of
that House who, in his judgment, commands the support of
the largest silngle group of such members who are prepared
to support one leader.

(3) The office of Leader of the Opposition shall
become vacant-

(a) if he resigns his office;
(b) if, after any dissolution of Parliament, he is in-

formed by the Governor-General actilng in his
discretion that the Governor-General is about to
appoint another person as Leader of the Opposi-
tion;

(c) if he ceases to be a member of the House of
Representatives otherwise than by reason of a
dissolution of Parliament;

(d) if, under the provisions of subsection (3) or sub-
section (4) of section 41 of this Constitution, he

m e inclusion of this page is authorized by L.N. 50/1979]

CONSTITUTION OF JAMAICA

is required to cease to exercise any of his functions
as a member of the House of Representatives; or

(e) if his appointment is revoked under the provisions
of subsection (5) of this section.

(4) If occasion arises for making an appointment
while Parliament is dissolved, a person who was a member
of the House of Representatives immediately before the
dissolution may be appointed Leader of the Opposit' I ion as
if such person were still a member of that House but the
person so appointed shall vacate office at the beginning of
the next session of that House if he is not a member thereof.

(5) If, in the judgment of the Governor-General,
the Leader of the Opposition no longer is able to command
the support of a majority of those members of the House of
Representatives who do not support the Government, or,
as the case may be, the support of the largest single group
of such members who are prepared to support one leader,
the Governor-General, acting in his discretion, shall revoke
the appointment of the Leader of the Opposition.

81. During any period in which there is a vacancy in the c e ~
vacancies in office of Leader of the Opposition by reason of the fact that officeof

no person is both qualified in accordance wilth this Constitu- gZ$&.
tion for, and willing to accept, appointment to that office,
the Governor-General shall act in accordance with the ad-
vice of the Prime Minister on any matter in respect of which
it is provided in this Constitution either-

(a) that the Governor-General shall act on the advice
of the Leader of the Opposiltion, or

(b) that the Governor-General shall act on the recom-
mendation of the Prime Minister after consulta-
tion with the Leader of the Opposition.

m e inclusion of this page is authorized by L.N. 50/1979]

110

Privy
Council.

Tenure of
office of
members of
Privy
Council.

Incapacity
of member
of Privy
Council.

CONSTITUTION OF JAMAICA

82.41) There shall be in and for Jamaica a Privy
Councill which shall consist of six members appointed by
the Governor-General, after consultation with the Prime
Minister, by instrument under the Broad Seal.

(2) At least two of the members of the Privy Council
shall be persons who hold or have held public office.

(3) The Privy Council shall have such powers and
duties as may be conferred or imposed upon it by or under
this Constitution or any other law.

8 3 4 1 ) The seat of a member of the Privy Council shall
become vacant-

(a) at the expiration of three years from the date of his
appointment or such earlier time as may be speci-
fied in the instrument by which he was appointed,

(b) if he resigns his seat; or

(c) if his appointment is revoked by the Governor-
General, acting after consultation with the Prime
Minister, by instrument under the Broad Seal.

(2) If any person is appointed to be a provisional
member of the Privy Council under section 85 of this Con-
stitution and his tenure of his seat as a provisional member
is immediately followed by his substantive appointment as
a member under this section, the period of three years
referred to in paragraph (a) of subsection (I) of this section
shall be reckoned from the date of the instrument by which
he was appointed a provisional member.

84. The Governor-General, acting after consultation with
the Prime Minister, may, by instrument under the Broad
Seal, declare that a member of the Privy Council, is by
reason of absence or infirmity of body or mind, temporarily
unable to discharge his functions as a member of the
Council, and thereupon that member shall not take part in

[The inclusion of this page is authorized by L.N. 50/1979]

CONSTlTUTlON OF JAMAICA 111

the proceedings of the Council until he is declared in like
manner to be again able to discharge those functions.

85.-(1) Whenever a member of the Privy Council has, Provjsional
appomtment9

under section 84 of this Con~ti~tution, bee* declared to privy
to be temporarily unable to discharge his functions as a Council.

member, the Governor-General, acting after consultation
with the Prime Mhister, may, by instrument under the
Broad Seal, appoint a person to be a provisional member
in place of that member during the period until that member
is declared under section 84 of this Constitution to be again
able to discharge those functions or vacates his seat.

(2) Subject to the provisions of subsection (1) of
this section, the provisions of subsection (I) of section 83 of
this Constitution shall apply in relation to a provisional
member of the Privy Counci!l as they apply in relation to a
substantive member.

86.-(1) The Governor-General, after consultation with senior
Member of the Prime Minister, shall appoint one of the members of Pri.y

the Privy Council to be the Senior Member thereof. Council.

(2) If on any question the votes of the members
of the Privy Council are equally divided the Senior Member
shall have and exercise a casting vote in addition to his
original vote.

(3) The Senior Member shall preside over any meet-
ing of the Privy Council at which the Governor-General
is not present.

(4) If at any meeting of the Privy Council the Senior
Member is absent, the members present shall elect one of
their number to exercise the powers and to perform the
duties of the Senior Member at that meeting.

87. The Governor-General shall, so far as is practicable, Attendance
attend and preside at all meetings of the Privy Council. of Governor. General.

m e inclusion of this page is authorized by L.N. 50/1979]

112 CONSTlTUTlON OF JAMAICA

Summoning
of Privy
Council
and pro-
cedure.

Validity of
proceedings
of Privy
Counoil.

Prerogative
of mercy.

88.-(1) The Privy Council shall not be summoned
except by the authority of the Governor-General acting in
his discretion.

(2 ) . .If, during any meeting of the Privy Council, the
Governor-General or member presiding observes, upon
objection in that behalf being taken by any member present,
that there are present less than three members besides the
Governor-General or member presiding, he shall thereupon
adjourn the meeting.

(3) Subject to the provisions of this Constitution,
the Privy Council may regulate its own procedure.

89. The Prirvy Council shall not be disqualified for the
transaction of business by reason only of any vacancy
among its members (including any vacancy not filled when
it is first constituted or is reconstituted at any time), and
any proceeding therein shall be valid notwithstanding that
some person who was not entitled so to do took part therein.

go.--( 1) The Governor-General may, in Her Majesty's
name and on Her Majesty's behalf-

(a) grant to any person convicted of any offence
against the law of Jamaica a pardon, either free or
subject to lawful conditions;

(b) grant to any person a respilte, either indefinite or
for a specified period, from the execution of any
punishment imposed on that person for such an
offence;

(c) substitute a less severe form of punishment for that
imposed on any person for such an offence; or

(d) remit the whole or part of any punkhment imposed
on any person for such an offence or any penalty
or forfeiture otherwise due to the Crown on
account of such an offence.

me inclusion of this page is authorized by LN. 50/1979]

CONSTlTUTION OF JAMAICA

(2) In the exercise of the powers conferred on him
by this section the Governor-General shall act on the recom-
mendation of the Privy Council.

91.-41) Where any person has been sentenced to death for Pardonin
an offence against the law of Jamaica, the Governor-General 2:;
shall cause- 1312011

S. 2(a).
(a) a written report (of the case from the trial judge,

together with such other information derived from
the record of the case or elsewhere as the Governor-
General may require, to be forwarded to the Privy
Council; and

(b) a notice to be delivered to the person sentenced,
specifjing a date, being in the case of sub-paragraph
(ii) or (iii) a date not less than eighteen months after
the date of the delivery of the notice, on or before
which the person or his legal representative-

(i) shall commence any application to, or consult-
ation with, any entity outside of Jamaica (other
than Her Majesty in Council) in relation to the
offence for which the person has been sen-
tenced to death;

(ii) shall conclude any application to, or con-
sultation with, any entity outside of Jamaica
(other than Her Majesty in Council) in relation
to the offence for which the person has been
sentenced to death; and .

(iii) may submit to the Governor-General, for con-
* \ sideHtion - by the Privy , Council, represent-

ations relating to the case in accordance with
such procedure as shall be set out in the notice,

so that the Privy Council may make a recom-
menaion to the Governor-General in accordance
with the provisions of section 90 of.this C o d -
tuti6fi.

[The inclusion of this page is authorized by LN. 92d2012]

114 CONSTITUTION OF JAMAICA

(1A) Representations submitted under subsection (l)(b)
may include any report issued by the date specified under sub-
paragraph (ii) of subsection (l)(b), by an entity referred to in
that sub-paragraph.

131201 I (1B) Nothing in this section or section 13 shall be con-
s. 2(a). strued as requiring-

(a) the Governor-General or the Privy Council, in the exer-
cise of the powers conferred on them by section
90 or this section, to consider the report of any entity
referred to in subsection (l)(b)(i) in any case where the
report has not been issued by the entity, and submitted
by the person sentenced, on or before the date specified
under subsection (1 )(b)(ii); or

(b) the Governor-General, in giving notice under subsection
(l)(b), to take into account any period of time with-
in which any such entity is likely to produce its
report.

131201 I (2) The powers conferred on the Governor-General by
s. 2@). this section shall be exercised by him on the recommendation of

the Privy Council or, in any case in which in his judgment the
matter is too urgent to admit of such recommendation
behg obtained by the time within which it may be necessary
for him to act, in his discretion.

1312011 (3) In relation to a person to whom a notice is delivered
s. 2 ( ~ ) . in accordance with subsection (l)(b), the Governor-General

may exercise, after the date specified under subsection
(l)(b)(ii), the powers conferred on him by section 90.

131201 I (4) For the purposes of this section, in determining its
s. 2(c). recommendations 'to the Governor-General under section 90

the Privy Council shall consider-

(a) the written rephrt and other information referred to in
subsection (l)(a); and

(b) all representations submitted in accordance with a
notice delivered under subsection (l)(b) in relation to
the case.

[The inclusion of this page isauthorized by L.N. '92c/2012] '

(5). Where the provisions o f this section have been 1312011
complied with, no act done by the- S. 2(c).

(a) Governor-General in exercise of the powers conferred
on him by section 90; or

(b) the Privy Council in exercise of the powers conferred
on it by section 90 or this section,

/
shall be held to be inconsistent with or in contravention of
the provisions of Chapter 111.

92.-(1) There shall be a Secretary to the Cabinet who secretary
to the shall be appointed by the Governor-General, acting on the Cabinet.

recommendation of the Prime Minister, from a list of
public officers submitted by the Public Service Commission.

(2) he Secretary to the Cabinet shall have charge of
the Cabinet Office and shall be responsible, in accordance
with such instructions as may be given to him .by the Prime
Minister, for arranging the business for, &d keeping the minutes
of, the meetings of the Cabinet and for conveying the
decisions of the Cabinet to the appropriate person or authority,
and shall have such other functions as the Prime Minister
may from time to time direct.

0 93.-(1) Where any Minister has been charged with the Permanent responsibility for a subject or department of government, he Secret""s
shall exercise general direction and control over the work
relating to that subject and over that department; and, subject
as aforesaid and to such direction and control, the aforesaid
work.and the department shall be under the supervision of a
Permanent Secretary appointed in accordance with the provi-
sions of section 126 of this Constitution.

. , - [The inclusion o f t h i s page is Authorized by L.N. 92d2012]

1 14.02 CONSTITUTION OF JAUAICA

(2) -A person may be a Permanent Secretary in respect
of more than one department of government.

(3) The office of Financial Secretary is hereby con-
stituted and, for th6 purposes of this section, he shall be
deemed to be a Permhent Secretary.

Establishment 94.--(1) There ,shall be a Director of Public Prosecutions,
of office and
functions of . whose office shall be a public office.
Director of
Public Pro-
secutions. (2) A person shall not be qualified to hold or act in

the office of Director of Public Prosecutions unless he is quali-
fied for appointment as a Judge of the Supreme Court.

(3) The Director of Public Prosecutions shall have
power in any case in which he considers it desirable so to
do-

(a) to institute and undertake criminal proceedings against
any person before any court other than a court-
martial in respect of any offence against the law of
Jamaica;

8

(b) to take over and continue any such criminal proceedings
that may have been instituted by any other person or
authority; and

I

(c) to discontinue at any stage before judgment is delivered
any such lcriminal proceedings instituted or undertaken
by himself or any other person or authority.

(4) The pqwers of the Director of Public Prosecu-
tions under subsection (3) of this section may be exercised

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CONSTITUTION OF JAMAICA 115

by him in person or through other pcrsons acting under and
in accordance with his general or special instructions.

(5) The powers conferred upon the Director of
Public Prosecutions by paragraphs (b) and (c) of subsection
(3) of this section shall be vested in him to the exclusion of
any other person or authority :

Provided that where any other person or authority has
instituted criminal proceedings, nothing in this subsection
shall prevent the withdrawal of those proceedings by or at
the instance of that person or authority and with the leave
of the Court.

(6) In the exercise of the powers conferred upon
him by this section the Director of Public Prosecutions shall
not be subject to the direction or control of any other
person or authority.

(7) For the purposes of this section, any appeal
from any determination in any criminal proceedings before
any court, or any case stated or question of law reserved for
the purposes of any such proceedings, to any other court
in Jamaica or to the Judicial Committee of Her Majesty's
Privy Council shall be deemed to be part of those proceed-
ings.

%.-(I The Director of Public Prosecutions shall receive Remuncra-
.such emoluments and be subject to such other terms and ~ ~ ~ ~ o , o f
conditions of service as may from time to time be prescribed :$;~P",P",
by or under any law :

Provided that the emoluments and terms and conditions
of service of the Director of Public Prosecutions, other than
allowances that are not taken into account in computing
pensions, shall not be altered to his disadvantage during
his continuance in office.

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CONSTITUTION OF JAMAICA

(2) The salary for the time being payable to the
Director of Public Prosecutions under this Constitution shall
be charged on and paid out of the Consolidated Fund.

Tenureof 96.41) Subject to the provisions of subsections (4) to
office of
Director of (7) (inclusive) of this section the Director of Public Prosecu-
Public Pros-
,ution, tions shall hold office until he attains the age of sixty years :
and Acting
Director of Provided that-
Public Pros-
ecutions.

(a) he may at any time resign his office; and

(b) the Governor-General, acting on the recommenda-
tion of the Prime Minister after consultation with
the Leader of the Opposition, may permit a
Director of Public Prosecutions who has attained
the age of sixty years to continue in office until he
has attained such later age, not exceeding sixty-
five years, as may (before the Director of Public
Prosecutions has attained the age of sixty years)
have been agreed between them.

(2) Nothing done by the Director of Public Prosecu-
tions shall be invalid by reason only that he has attained
the age at which he is required by this section to vacate his
office.

(3) If the office of Director of Public Prosecutions
is vacant or the holder of that office is for any reason unable
to perform the functions thereof, a person qualified for
appointment to that office may be appointed to act therein,
and any person so appointed shall, subject to the provisions
of subsection (1) of this section, continue to act until the
office of Director of Public Prosecutions is filled or, as the
case may be, until the Director of Public Prosecutions has
resumed the functions of his office or the appointment of
that person is revoked by the Governor-General acting on
the advice of the Public Service Commission.

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CONSTZTUTZON OF JAMAICA

(4) The Director of Public Prosecutions may be
removed from office only for inability to discharge the
functions of his office (whether arising from infirmity of
body or mind or any other cause) or for misbehaviour and
shall not be so removed except in accordance with the provi-
sions of this section.

(5) The Director of Public Prosecutions shall be
removed from office by the Governor-General if the ques-
tion of his removal from office has been referred to a
tri(buna1 appointed under subsection (6) of this section and
the tribunal has recommended to the Governor-General
that he ought to be removed from office for inability as
aforesaid or for misbehaviour.

(6) If the Prime Minister represents to the Governor-
General that the question of removing the Director of
Public Prosecutions from office for inability as aforesaid or
for misbehaviour ought to be investigated then-

(a) the Governor-General, acting in accordance with
the advice of the Prime Minister, shall appoint a
tribunal, which shall consist of a chairman and
not less than two other members, from among
persons who hold or have held office as a judge
of a court having unlimilted jurisdiction in civil and
criminal matters in some part of the Common-
wealth or a court having Jurisdiction in appeals
from any such court; and

(b) that tribunal shall enquire into the matter and
report on the facts thereof to the Governor-
General and recommend to the Governor-General
whether the Director of Public Prosecutions ought
to be removed from office for inability as aforesaid
or for misbehaviour.

(7) The provisions of the Commissions of Enquiry
Act as in force immediately before the appointed day shall,

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CONSTITUTION OF JAMAICA

subject to the provisions of this section and of the Third
Schedule to this Con~ti~tution, apply as nearly as may be in
relation to tribunals appointed under subsection (6) of this
section or, as the context may require, to the members there-
of as they apply in relation to Commissions or Commis-
sioners appointed under that Act, and for that purpose
shall have effect as if they formed part of this Constitution.

(8) If the question of removing the Director of
Public Prosecutions from office has been referred to a
tribunal under subsection (6) of this section, the Governor-
General, acting in accordance with the advice of the Prime
Minister, may suspend the Director of Public Prosecutions
from performing the functions of his office, and any such
suspension may at any time be revoked by the Governor-
General, acting in accordance with the advice of the Prime
Minister, and shall in any case cease to have effect if the
tribunal recommends to the Governor-General that the
Director of Public Prosecutions should not be removed
from office.

CHAPTER VII

The Supreme Court

Establish- 9'7.-(1) There shall be a Supreme Court for Jamaica
which shall have such jurisdiction and powers as may be Supreme

court- conferred upon it by this Constitution or any other law.

(2) The Judges of the Supreme Court shall be the
Chief Justice, a Senior Puisne Judge and such number of
other Puisne Judges as may be prescribed by Parliament.

(3) No office of Judge of the Supreme Court shall be
abolished while there is a substantive holder thereof.

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CONSTITUTION OF JAMAICA

(4) The Supreme Court shall be a superior court of
record and, save as otherwise provided by Parliament, shall
have all the powers of such a court.

98.41) The Chief Justice shall be appointed by the Ammint-
ment

Governor-General by instrument under the Broad Seal on ,,,dges
the recommendation of the Prime Minister after consulta-
tion with the Leader of the Opposition.

(2) The Puisne Judges shall be appointed by the
Governor-General by instrument under the Broad Seal
acting on the advice of the Judicial Service Commission.

(3) The qualifications for appointment as a Judge
of the Supreme Court shall be such as may be prescribed by
any law for the time being in force :

Provided that a person who has been appointed as a
Judge of the Supreme Court may continue in office notwith-
standing any subsequent variations in the qualifications so
prescribed.

99.41) If the office of Chief Justice is vacant or if the
Chief Justice is for any reason unable to perform the Judges.
functions of his office, then, until a person has been appoint-
ed to that office and assumed its functions or, as the case
may be, until the Chief Justice has resumed those functions,
they shall be performed by such other person, qualified
under subsection (3) of section 98 of this Constitution for
appointment as a Judge, as the Governor-General, acting
in accordance with the advice of the Prime Minister may
appoint for that purpose by instrument under the Broad
Seal.

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CONSTITUTION OF JAMAICA

(2) If the office of a Puisne Judge of the Supreme
Court is vacant, or if any such Judge is appointed to act
as Chief Justice or as a Judge of the Court of Appeal, or is
for any reason unable to perform the functions of his office,
the Governor-General, acting on the advice of the Judicial
Service Comn~ission, may by instrument under the Broad
Seal appoint a person qualified under subsection (3) of
section 98 of this Constitution for appointment as a Judge
to act as a Judge of the Supreme Court, and any person
so appointed shall, subject to the provisions of subsection
(3) of section 100 of this Constitution, continue to act for
the period of his appointment or, if no such period is
specified, until his appointment is revoked by the Governor-
General acting on the advice of the Judicial Service Com-
mission :

Provided that he may, at any time, resign his acting office.

(3) Any person appointed to act as a Judge under
the provisions of this section may, notwithstanding that
the period of his appointment has expired or his appoint-
ment has been revoked, sit as a Judge for the purpose of
delivering judgment or doing any other thing in relation to
proceedings which were commenced before him while he
was so acting.

Tenure of
office of

100.-(1) Subject to the provisions of subsections (4) to
ludgesof (7) (inclusive) of this section, a Judge of the Supreme Court
Supreme
COWL shall hold office until he attains the age of seventy years:
151 1990
S. 20 (b).

Provided that he may at any time resign his office.

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CONSTITUTION OF JAMAICA 121

(2) Notwithstanding that he has attained the age
at which he is required by or under the provisions of this
section to vacate his office a person holding the office of
Judge of the Supreme Court may, with the permission of
the Governor-General, acting in accordance with the advice
of the Prime Minister, continue in office for such period
after attahing that age as may be necessary to enable him
to deliver judgment or to do any other thing in relation to
proceedings that were commenced before him before he
attained that age.

(3) Nothing done by a Judge of the Supreme Court
shall be invalid by reason only that he has attained the
age at which he is required by this section to vacate his
office.

(4) A Judge of the Supreme Court may be removed
from office only for inability to discharge the functions of
his office (whether arising from infirmity of body or mind
or any other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of sub-
section (5 ) of this section.

(5) A Judge of the Supreme Court shall be removed
from office by the Governor-General by instrument under
the Broad Seal if the question of the removal of that Judge
from office has, at the request of the Governor-General,
made in pursuance of subsecti,on (6) of this section, been
referred by Her Majesty to the Judicial Committee of Her
Majesty's Privy Council under section 4 of the Judicial 3 & 4 Will.
Committee Act, 1833, or any other enactment enabling 4.c.41.
Her Majesty in that behalf, and the Judicial Committee has
advised Her Majesty that the Judge ought to be removed
from office for inability as aforesaid or for misbehaviour.

(6) If the Prime Minister (in the case of the Chief
Justice). or the Chief Justice after consultation with the
Prime Minister (in the case of any other Judge) represents

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CONSTITUTION OF JAMAICA

to the Governor-General that the question of removing a
Judge of the Supreme Court from office for inability as
aforesaid or for misbehaviour ought to be investigated,
then-

(a) the Governor-General shall appoint a tribunal,
which shall consist of a Chairman and not less
thzn two other members, selected by the Governor-
General on the advice of the Prime Minister (in
the case of the Chief Justice) or of the Chief
Justice (in the case of any other Judge) from
among persons who hold or have held office as a
judge of a court having unlimited jurisdiction in
civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in
appeals from any such court;

(b) that tribunal shall enquire into the matter and
report on the facts thereof to the Governor-
General and recommend to the Governor-General
whether he should request that the question of the
removal of that Judge should be referred by Her
Majesty to the Judicial Committee; and

(c) if the tribunal so recommends, the Governor-
General shall request that the question should be
referred accordingly.

(7) The provisions of the Commissions of Enquiry
Act as in force immediately before the appointed day shall,
subject to the provisions of this section and of the Third
Schechle to this Constitution, apply as nearly as may be
in relation to tribunals appointed under subsection (6) of
this section or, as the context may require, to the members
thereof as they apply in relation to Commissions or Com-
missioners appointed under that Act, and for that purpose
shall have effect as if they formed part of this Constitution.

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CONSTITUTION OF JA MA ZCA

(8) If the question of removing a Judge of the
Supreme Court from office has been referred to a tribunal
appointed under subsection (6) of this section, the Governor-
General, acting in accordance wi,th the advice of the Prime
Minister (in the case of the Chief Justice) or of the Chief
Justice after the Chief Justice has consulted with the Prime
Minister (in the case of any other Judge), may suspend the
Judge from performing the functions of his office.

(9) Any such suspension may at any time be revoked
by the Governor-General, acting in accordance with the
advice of the Prilme Minister or the Chief Justice (as the
case may be), and shall in any case cease to have effect- I

(a) if the tribunal recommends to the Governor-
General that he should not request that the
question of the removal of the Judge from office
should be referred by Her Majesty to the Judicial
Committee; or

(b) the Judicial committee advises Her Majesty that
the Judge ought not to be removed from office.

(10) The provisions of this section shall be without
prejudice to the provisions of subsection (2) of section 99
of this Constitution.

101.-(1) The Judges of the Supreme Court shall receive R-munera-
such emoluments and be subject to such other terms and i;:$,f
conditions of service as may from time to time be prescribed g;ctme
by or under any law :

Provided that the emoluments and terms and conditions
of service of such a Judge, other than allowances that are
not taken into account in computing pensions, shall not be
altered to his disadvantage during his continuance in office.

(2) The salaries for the tine being payable to the
Judges of the Supreme Court under this Constitution shall
be charged on and paid out of the Consolidated Fund.

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124 CONSTITUTION OF JAMAICA

Oaths to be 102. A Judge of the Supreme Court shall not enter upon
taken by
Judgesof the duties of his office unless he has taken and subscribed
Supreme
court. the oath of allegiance and the judicial oath in the forms set

out in the First Schedule to this Constitution.

Court of Appeal

Establish- 103.-(1) There shall be a Court of Appeal for Jamaica
ment of
courtof which shall have such jurisdiction and powers as may be
A.ppeal. conferred upon it by this Constitution or any other law.

(2) The Judges of the Court of Appeal shall b e -
(a) a President;

(b) the Chief Justice by virtue of his office as head of
the Judiciary but who, however, shall not sit in
the Court of Appeal unless there are at least four
other Judges sitting and unless he has been invited
so to sit by the President of the Court;

(c) three other Judges; and

(dl such number, if any, of other Judges as may be
prescribed by Parliament.

(3) The President of the Court of Appeal shall be
responsible for the arrangement of the work of the Court
and shall preside whenever he is sitting in that Court.

(4) No office of Judge of the Court of Appeal shall
be abolished while there is a substantive holder thereof.

(5) The Court of Appeal shall be a superior court
of record and, save as otherwise provided by Parliament,
shall have all the powers of such a court.

104.-(1) The President of the Court of Appeal shall be
appointed by the Governor-General by instrument under

-
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CONSTITUTION OF JAMAICA

the Broad Seal on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition..

(2) The other Judges of the Court of Appeal shall
be appointed by the Governor-General by instrument under
the Broad Seal acting on the advice of the Judicial Service
Commission.

(3) The qualifications for appointment as a Judge
of the Court of Appeal shall be such as may be prescribed
by any law for the time being in force :

Provided that a person who has been appointed as a
Judge of the Court of Appeal may continue in office not-
withstanding any subsequent variations in the qualifications
so prescribed.

105.-(1) If the office of President of the Court of Appeal Acting
is vacant or if the President of the Court of Appeal is for 2,"~;~
any reason unable to perform the functions of his office, A p d .
then, until a person has been appointed to that office and
assumed its functions or, as the case may be, until the
President of the Court of Appeal has resumed those func-
tions, they shall be performed by such other person, qualified
under subsection (3) of section 104 of this Constitution for
appointment as a Judge of the Court of Appeal, as the
Governor-General, acting in accordance with the advice
of the Prime Minister, may appoint for that purpose by
instrument under the Broad Seal.

(2) If the office of a Judge of the Court of Appeal
(other than the President) is vacant, or if any such Judge
is appointed to act as President of the Court of Appeal, or
is for any reason unable to perform the functions of his
office, the Governor-General, acting on the advice of the

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CONSTITUTION OF JAMAICA

Judicial Service Commission, may by instrument under the
Broad Seal appoint a person qualified under subsection (3)
of section 104 of this Constitution for appointment as a
Judge of the Court of Appeal to act as a Judge of the
Court of Appeal, and any person so appointed shall, subject
to the provisions of subsection (3) of section 106 of this
Constitution, continue to act for the period of his appoint-
ment or, if no such period is specified, until his appointment
is revoked by the Governor-General acting on the advice
of the Judicial Service Commission.

(3) Any person appointed to act as a Judge of the
Court of Appeal under the provisions of this section may,
notwithstanding that the period of his appointment has
expired or his appointment has been revoked, sit as a Judge
for the purpose of delivering judgment or doing any other
thing in relation to proceedings which were commenced
before him while he was so acting.

Tenure of 106.-(1) Subject to the provisions of subsections (4) to
office of
Judges& (7) (inclusive) of this section, a Judge of the Court of Appeal
* shall hold office until he attains the age of seventy years:
1511990
S. 3(a) (b).

Provided that he may at any time resign his office.

(2) Notwithstanding that he has attained the age
at which he is required by or under the provisions of this
section to vacate his office a person holding the ofice of
Judge of the Court of Appeal may, with the permission
of the Governor-General, acting in accordance with the

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CONSTITUTION OF JAMAICA 127

advice of the Prime Minister, continue in office for such
period after attaining that age as may be necessary to
enable him to deliver judgment or to do any other thing
in relation to proceedings that were commenced before him
before he attained that age.

(3) Nothing done by a Judge of the Court of Appeal
shall be invalid by reason only that he has attained the
age at which he is required by this section to vacate his
office.

(4) A Judge of the Court of Appeal may be
removed from office only for inability to discharge the
functions of his office (whether arising from infirmity of
body or mind or any other cause) or for misbehaviour, and
shall not be so removed except in accordance with the
provisions of subsection (5) of this section.

(5) A Judge of the Court of Appeal shall be
removed from office by the Governor-General by instru-
ment under the Broad Seal if the question of the removal
of that Judge from office has, at the request of the Governor-
General made in pursuance of subsection (6) of this section,
been referred by Her Majesty to the Judicial Committee of
Her Majesty's Privy Council under section 4 of the Judicial 3 & 4 ~ i l l .
Committee Act, 1833, or any other enactment enabling Her 4.C-41.
Majesty in that behalf, and the Judicial Committee has
advised Her Majesty that the Judge ought to be removed
from office for inability as aforesaid or for misbehaviour.

(6) If the Prime Minister (in the case of the
President of the Court of Appeal) or the President of the
Court of Appeal after consultation with the Prime Minister
(in the case of any other Judge) represents to the Governor-
General that the question of removing a Judge of the Court
of Appeal from office for inability as aforesaid or for
misbehaviour ought to be investigated, then-

me inclusion of this page is authorized by LN. 50/1979]

(a) the Governor-General shall appoint a tribunal,
which shall consist of a Chairman and not less
than two other members, selected by the Governor-
General on the advice of the Prime Minister (in
the case of the President of the Court of Appeal)
or of the President of the Court of Appeal (in the
case of any other Judge) from among persons who
hold or have held office as a Judge of a court
having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or
a court having jurisdiction in appeals from any
such court;

(6) that tribunal shall enquire into the matter and
report on the facts thereof to the Governor-
General and recommend to the Governor-General
whether he should request that the question of
the removal of that Judge should be referred by
Her Majesty to the Judicial Committee; and

(c) if the tribunal so recommends, the Governor-
General shall request that the question should be
referred accordingly.

(7) The provisions of the Commissions of Enquiry
Act as in force immediately before the appointed day shall,
subject to the piovisions of this section and of the Third
Schedule to this Constitution, apply as nearly as may be
in relation to tribunals appointed under subsection (6) of
this section or, as the context may require, to the members
thereof as they apply in relation to Commissions or Com-
missioners appointed under that Act, and for that purpose
shall have effect as if they formed part of this Constitution.

(8) If the question of removing a Judge of the Court
of Appeal from office has been referred to a tribunal
appointed under subsection (6) of this section, the Governor-
General acting in accordance with the advice of the Prime

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CONSTlTUTlON OF JAMAlCA

Minister (in the case of the President of the Court of Appeal)
or of the President of the Court of Appeal after the President
of the Court of Appeal has consulted with the Prime
Minister (in the case of any other Judge), may suspend
the Judge from performing the functions of his ofice.

(9) Any such suspension may at any time be
revoked by the Governor-General, acting in accordance
with the advice of the Prime Minister or the President
of the Court of Appeal (as the case may be), and shall in
any case cease to have effect if-

(a) the tribunal recommends to the Governor-General
that he should not request that the question of
the removal of the Judge from office should be
referred by Her Majesty to the Judicial Com-
mittee; or

(b) the Judicial Committee advises Her Majesty that
the Judge ought not to be removed from office.

(10) The provisions of this section shall be with-
out prejudice to the provisions of subsection (2) of section
105 of this Constitution.

(11) The provisions of this section and of sections
107 and 108 of this Constitution shall not apply to the
Chief Justice.

107.41) The Judges of the Court of Appeal shall Remunera-
tion of receive such emoluments and be subject to such other terms judgesof

and conditions of service as may from time to time be Z;:zf
prescribed by or under any law:

Provided that the emoluments and terms and conditions
of service of such a Judge, other than allowances that
are not taken into account in computing pensions, shall
not be altered to his disadvantage during his continuance
in office.

me inclusion of this page is authorized by. LN. 50/1979]

CONSTITUTlON OF JAMAlCA

(2) The salaries for the time being payable to the
Judges of the Court of Appeal under this Constitution
shall be charged on and paid out of the Consolidated Fund.

Oaths to be 108. A Judge of the Court of Appeal shall not enter
taken by
,udg.-,sof upon the duties of his office unless he has taken and sub-

"£ scribed the oath of allegiance and the judicial oath in the Appeal.
forms set out in the First Schedule to this Constitution.

Numberof 109. The Court of Appeal shall, when determining any
Judges. matter other than an interlocutory matter, be composed

of an uneven number of Judges, not being less than three.

Appeals to Her Majesty in Council

Appeals
from Court

110.-(1) An appeal shall lie from decisions of the Court
to of Appeal to Her Majesty in Council as of right in the

Her Majesty
in Council. following cases-

where the matter in dispute on the appeal to Her
Majesty in Council is of the value of one thousand
dollars or upwards or where the appeal involves
directly or indirectly a claim to or question
respecting property or a right of the value of one
thousand dollars or upwards, final decisions in any
civil proceedings;

final decisions in proceedings for dissolution or
nullity of marriage;

final decisions in any civil, criminal or other
proceedings on questions as to the interpretation
of this Constitution; and

such other cases as may be prescribed by Parlia-
ment.

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--

CONSTITUTION OF JAMAICA

(2) An appeal shall lie from decisions of the Court
of Appeal to Her Majesty in Council with the leave of the
Court of Appeal in the following cases-

(a) where in the opinion of the Court of Appeal the
question involved in the appeal is one that, by
reason of its great general or public importance
or otherwise, ought to be submitted to Her Majesty
in Council, decisions in any civil proceedings; and

(b) such other cases as may be prescribed by Parlia-
ment.

(3) Nothing in this section shall affect any right
of Her Majesty to grant special leave to appeal from
decisions of the Court of Appeal to Her Majesty in Council
in any civil or criminal matter.

(4) The provisions of this section shall be subject
to the provisions of subsection (1) of section 44 of this
Constitution.

(5) A decision of the Court of Appeal such as is
referred to in this section means a decision of that Court
on appeal from a Court of Jamaica.

Judicial Service Commission'

111.-(1) There shall be a Judicial Service Commission Composition
for Jamaica. of Service Judicial

Commission.

(2) The members of the Judicial Service Commis-
sion shall be-

(a) the Chief Justice who shall be Chairman;

(b) .the President of the Couri of Apped;

CONSTITUTION OF JAMAICA

(c) the Chairman of the Public Service Commission;
and

(d) three other members (hereinafter called "the
appointed members") appointed in accordance
with the provisions of subsection (3) of this section.

(3) The appointed members shall be appointed by
the Governor-General, by instrument under the Broad Seal,
acting on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition-

(a) one from among persons who hold or have held
office as a judge of a court having unlimited
jurisdiction in civil and criminal matters in some
part of the Commonwealth or a court having
jurisdiction in appeals from any such court;

(b) two from a list of six persons, none of whom is
an attorney-at-law in active practice, submitted
by the General Legal Council:

(c) [Deleted by Act 15 of 1971 .I

Provided that no person shall be appointed under this
subsection who holds or who is acting in any public office
other than the office of member of the Public Service
Commission or member of the Police Service Commission.

(4) The office of an appointed member of the
Judicial Service Commission shall become vacant-

(a) at the expiration of three years from the date of
his appointment or at such earlier time as may
be specified in the instrument by which he was
appointed;

(b) if he resigns his office;
(c) if he is appointed to the office of President of the

Court of Appeal, Chief Justice, Chairman of the
Public Service Commission or to any public office

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CONSTITUTION OF JAMAICA 133

except the office of member of the Public Service
Commission or member of the Police Service
Commission;

(d) if the Governor-General, acting on the recom-
mendation of the Prime Minister after consultation
with the Leader of the Opposition, directs that he
shall be removed from office for inability to
discharge the functions thereof (whether arising
from infirmity of body or mind or any other cause)
or for misbehaviour :

Provided that if the appointed member is a
Judge of the Court of Appeal or a Judge of the
Supreme Court, he shall not be so removed unless,
in accordance with the provisions of section 106
or section 100 of this Constitution (as the case
may be), he is removed from his office as a Judge.

(5) If the office of an appointed member is vacant
or an appointed member is for any reason unable to perform
the functions of his office, the Governor-General, on the
recommendation of the Prime Minister after consultation
with the Leader of the Opposition, may, by instrument
under the Broad Seal, appoint a person, having the same
qualifications for appointment as that member, to act as a
member of the Commission and any person so appointed
shall, subject to the provisions of subsection (4) of this
section, continue to act until the office of the appointed
member is filled or until his appointment is revoked by
the Governor-General, acting as aforesaid.

(6) An appointed member shall not, within a period
of three years commencing with the date on which he last
held or acted in the office of appointed member, be eligible
for appointment to any office power to make appointments
to which is vested by this Constitution in the Governor-
)

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CONSTITUTION OF JAMAICA

General acting on the advice of the Judicial Service
Commission :

Provided that nothing in this subsection shall prevent his
being appointed to the office of Judge of the Court of
Appeal or Judge of the Supreme Court.

(7) An appointed member shall receive such salary
and allowances as may from time to time be prescribed
by or under any law or by a resolution of the House of
Representatives :

Provided that-
(a) no such resolution may reduce any salary or allow-

ance for the time being prescribed by or under a
law; and

(b) the salary of an appointed member shall not be
reduced during his continuance in office.

(8) The salary for the time being payable to an
appointed member under this Constitution shall be charged
on and paid out of the Consolidated Fund.

(9) Nothing in subsection (7) of this section shall
entitle the appointed member to any salary in respect of
his office as such, if he is also a Judge of the Court of
Appeal or a Judge of the Supreme Court.

(10) For the purposes of this section, "public office"
does not include office as a member of any board, panel,
committee or other similar body (whether incorporated or
not) established by any law for the time being in force
in Jamaica.

(1 1) [Deleted by Act 15 of 1971 .I

~ppoint- 112.-(1) Power to make appointments to the offices to
which this section applies and, subject to the provisions of

Officms. subsections (3) and (4) of this section, to remove and to
exercise disciplinary control over persons holding or gting

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CONSTITUTION OF JAMAICA 135

in such offices is hereby vested in the Governor-General
acting on the advice of the Judicial Service Commission.

(2) This section applies to the offices of Resident
Magistrate, Judge of the Traffic Court, Registrar of the
Supreme Court, Registrar of the Court of Appeal and to
such other offices connected with the courts cf Jamaica as,
subject to the provisions of this Constitution, may be
prescribed by Parliament.

(3) Before the Governor-General acts in accord-
ance with the advice of the Judicial Service Commission
that any officer holding or acting in any office to which
this section applies should be removed or that any penalty
should be imposed on him by way of disciplinary control
he shall inform the officer of that advice and, if the officer
then applies for the case to be referred to the Privy Council,
the Governor-General shall not act in accordance with the
advice but shall refer the case to the Privy Council
accordingly :

Provided that the Governor-General, acting on the advice
of the Commission, may nevertheless suspend that officer
from the exercise of his office pending the determination
of the reference to the Privy Council.

(4) Where a reference is made to the Privy Council
under the provisions of subsection (3) of this section, the
Privy Council shall consider the case and shall advise the
Governor-General what action should be taken in respect
of the officer, and the Governor-General shall 'then act in
accordance with such advice.

113. The Governor-General, acting on the advice of the Delegation 1
Judicial Service Commission, may by instrument under €he xE ~~~~~~S
Broad Seal direct that, subject to such conditions as may c",;$?sion.
be specified in that instrument, power to make appointments

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136 CONSTITUTION OF JAMAICA

to such offices, being offices to which section 112 of this
Constitution applies, as may be so specified shall (without
prejudice to the exercise of such power by the Governor-
General acting on the advice of the Judicial Service Com-
mission) be exercisable by such one or more members of
the Commission or by such other authority or public officer
as may be so specified, but in any case where the person
to be appointed under this section holds or is acting in
any office power to make appointments to which is vested
by this Constitution in the Governor-General acting on the
advice of the Public Service Commission or the Police
Service Commission, the person or authority specified in
the aforesaid instrument shall consult with the Public
Service Commission or the Police Service Commission, as
the case may be, before making such appointment.

CHAPTER VIII

Consoli- 114. There shall be in and for Jamaica a Consolidated
dated Fund. Fund, into which, subject to the provisions of any law for

the time being in force in Jamaica, shall be paid all revenues
of Jamaica.

Estimates. 115.-(1) The Minister responsible for finance shall,
before the end of each financial year, cause to be prepared
annual estimates of revenue and expenditure for public
services during the succeeding financial year, which shall
be laid before the House of Representatives.

(2) The estimates of expenditure shall show
separately the sums required to meet statutory expenditure
(as defined in subsection (4) of section 116 of this Constitu-
tion) and the sums required to meet other expenditure
proposed to be paid out of the Consolidated Fund.

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CONSTITUTION OF JAMAICA 137

116.-(1) The Minister responsible for finance shall, in Authorisa-
tion of ex- respect of each financial year, at the earliest convenient penditure.

moment, introduce in the House of Representatives an
Appropriation Bill containing, under appropriate heads for
the several services required, the estimated aggregate sums
which are proposed to be expended (otherwise than by
way of statutory expenditure) during that financial year.

(2) Whenever-

any monies are expended or are likely to be
expended in any financial year on any services
which are in excess of the sum provided for that
service by the Appropriation law relating to that
year; or

any monies are expended or are likely to be
expended (otherwise than by way of statutory
expenditure) in any financial year upon any new
service not provided for by the Appropriation law
relating to that year,

statements of excess or, as the case may be, supplementary
estimates shall be prepared by the Minister responsible for
finance and shall be laid before and voted on by the House
of Representatives; in respect of all supplementary expendi-
ture so voted the Minister responsible for finance may, at
any time before the end of the financial year, introduce
into the House of Representatives a Supplementary
Appropriation Bill containing, under appropriate heads, the
estimated aggregate sums so voted, and shall, as soon as
possible after the end of each financial year, introduce into
the House of Representatives a final Appropriation Bill
containing any such sums which have not yet been included
in any Appropriation Bill.

(3) That part of any estimate of expenditure laid
before the House of Representatives which shows statutory

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(138 CONSTITUTION OF JAMAICA

expenditure shall not be voted on by the House of Repre-
sentatives, and such expenditure shall, without further
authority of Parliament, be paid out of the Consolidated
Fund.

(4) For the purposes of this section and section 115
of this Constitution, "statutory expenditure" means-

(a) expenditure charged on the Consolidated Fund or
on the general revenues and assets of Jamaica by
virtue of any of the provisions of this Constitution
or by virtue of the provisions of any other law
for the time being in force; and

(b) the interest on the public debt, sinking fund pay-
ments, redemption monies, and the costs, charges
and expenses incidental to the management of the
public debt.

Meeting 117.-(1) No sum shall be paid out of the Consolidated
expenditure
f,,con- Fund except upon the authority of a warrant under the

hand of the Minister responsible for finance. Fund.

(2) Subject to the provisions of subsections (3) and
(4) of this section and section 118 of this Constitution, no
such warrant shall be issued except in respect of sums
granted for the specified public services by the Appropria-
tion law for the financial year in respect of which the
withdrawal is to take place or for service otherwise lawfully
charged on the Consolidated Fund.

(3) The House of Representatives may, by resolu-
tion approving estimates containing a vote on account,
authorise expenditure for part of any financial year before
the passing of the Appropriation law for that year, but
the aggregate sums so voted shall be included, under the
appropriate heads, in the Appropriation Bill for that year.

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CONSTITUTION OF JAMAICA

(4) Where at any time Parliament has been dis-
solved before any provision or any sufficient provision is
made under this Chapter of this Constitution for the carry-
ing on of the government of Jamaica, the Minister
responsible for finance may issue a warrant for the payment
out of the Consolidated Fund of such sums as he may
consider necessary for the continuance of the public services
until the expiry of a period of three months commencing
with the date on which the House of Representatives first
meets after that dissolution, but a statement of the sums
so authorised shall, as soon as practicable, be laid before
and voted on by the House of Representatives and the
aggregate sums so voted shall be included, under the
appropriate heads, in the next Appropriation Bill.

118.-(1) Any law for the time being in force may create antingen-
or authorise the creation of a Contingencies Fund and may Gies Fmd.
authorise the Minister responsible for finance to make
advances from that Fund if he is satisfied that there is an
unforeseen need for expenditure for which no provision
or no sufficient provision has been made by an Appropria-
tion law.

(2) Where any advance is made by virtue of an
authorisation conferred under subsection (1) of this section,
a supplementary estimate of the sum required to replace
the amount so advanced shall, as soon as praoticable, be
laid before and voted on by the House of Representatives
and the sum so voted shall be included in a Supplementary
Appropriation Bill or a Final Appropriation Bill.

119.-(1) The public debt of Jamaica is hereby charged public
on the Consolidated Fund. debt.

(2) In this section references to the public debt of
Jamaica include references to the interest on that debt, sink-
ing fund payments and redemption monies in respect of

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CONSTITUTION OF JAMAICA

that debt and the costs, charges and expenses incidental
to the management of that debt.

Auditor- 120.41) There shall be in and for Jamaica an Auditor-
Generd. General who shall be appointed by the Governor-General

by instrument under the Broad Seal.

(2) If the office of Auditor-General is vacant or
the Auditor-General is for any reason unable to perform
the functions of his office, the Governor-General may
appoint a person to act as Auditor-General and any person
so appointed shall, subject to the provisions of subsection
(1) of section 121 of this Constitution, continue to act until
the office of Auditor-General is filled or until his appoint-
ment is revoked by the Governor-General.

(3) A person who has held the office of Auditor-
General shall not be eligible for appointment to any other
public office.

(4) The Auditor-General shall receive such salary
and allowances as may from time to time be prescribed by or
under any law or by a resolution of the House of Repre-
sentatives :

Provided that-

(a) no such resolution may reduce any salary or allow-
ance for the time being prescribed by or under a
law; and

(b) the salary of the Auditor-General shall not be
reduced during his continuance in office.

(5) The salary for the time being payable to the
Auditor-General under this Constitution shall be charged
on and paid out of the Consolidated Fund.

-
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CONSTITUTION OF JAMAICA

(6) In the exercise of his powers under this section
the Governor-General shall act in accordance with the
recommendation of the Public Service Commission:

Provided that-

(a) before he acts in accordance therewith he shall
inform the Prime Minister of the nature of that
recommendation and shall, if the Prime Minister
so requires, once refer that recommendation (here-
after in this subsection called the "original recom-
mendation") back to the Public Service Commis-
sion for reconsideration; and

(6) if, upon such reconsideration, the Public Service
Commission submits a different recommendation,
the provisions of this subsection and of subsection
(2) of section 32 of this Constitution shall apply
to that different recommendation as they apply to
the original recommendation.

1 2 1 4 1 ) Subject to the provisions of subsections (3) to Tenured
office of (6) (inclusive) of this section, the Audi,tor-General shall hold Addor-

office until he attains the age of sixty years: General.

Provided that-

(a) he may at any time resign his office; and

(6) the Governor-General, acting in the manner pre-
scribed by subsection (6) of section 120 of this
Constitution, may permit an Auditor-General who
has attained the age of sixty years to remain in
office until he has reached such later age, not
exceeding sixty-five years, as may (before the
Auditor-General has reached the age of sixty years)
have been agreed between the Governor-General
and the Auditor-General.

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CONSTITUTION OF JAMAICA

(2) Nothing done by the Auditor-General shall be
invalid by reason only that he has attained the age at which
he is required by this section to vacate his office.

(3) The Auditor-General may be removed from
office only for inability to discharge the functions thereof
(whether arising from infirmity of body or mind or any
other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of
subsection (4) of this section.

(4) The Auditor-General shall be removed from
office by the Governor-General by instrument under the
Broad Seal if the question of his removal from office has
been referred to a tribunal appointed under subsection (5)
of this section and the tribunal has recommended to the
Governor-General that he ought to be removed from office
for inability as aforesaid or for misbehaviour.

(5) If the Prime Minister or the Chairman of the
Public Service Commission advises the Governor-General
that the question of removing the Auditor-General from
office for inability as aforesaid or for misbehaviour ought
to be investigated, then-

(a) the Governor-General shall appoint a tribunal,
which shall consist of a Chairman and not less
than two other members, selected by the Governor-
General, acting on the advice of the Chief Justice,
from among persons who hold or have held the
office of a judge of a court having unlimited
jurisdiction in civil and criminal matters in some
part of the Commonwealth or a court having
jurisdiction in appeals from any such court; and

(6) that tribunal shall enquire into the matter and
report on ,the facts thereof to the Governor-
General and recommend to the Governor-General

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CONSTITUTION OF JAMAICA

whether the Auditor-General ought to be removed
from office for inability as aforesaid or for
misbehaviour.

(6) The provisions of the Commissions of Enquiry
Act as in force immediately before the appointed day shall,
subject to the provisions of this section and of the Third
Schedule to this Constitution, apply as nearly as may be
in relation to tribunals appointed under subsection (5) of
this section or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and for that
purpose shall have effect as if they formed part of this
Constitution.

(7) If the question of removing the Auditor-General
from office has been referred to a tribunal under subsection
(5) of this section, the Governor-General acting in the
manner prescribed by subsection (6) of section 120 of this
Constitution, may suspend the Auditor-General from
performing the functions of his office and any such suspen-
sion may at any time be revoked by the Governor-General,
acting as aforesaid, and shall in any case cease to have
effect if the tribunal recommends to the Governor-General
that the Auditor-General should not be removed from office.

122.41) The accounts of the Court of Appeal, the Functions
d Auditor- accounts of- the Supreme Court, the accounts of the offices ~,,,l.

of the Clerks to the Senate and the House of Representatives
and the accounts of all departments and offices of the
Government of Jamaica (including the offices of the Cabinet,
the Judicial Service Commission, the Public Service Com-
mission and the Police Service Commission but excluding
the department of the Auditor-General) shall, at least once
in every year, be audited and reported on by the Auditor-
General who, with his subordinate staff, shall at all times

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CONSTITUTION OF JAMAICA

be entitled to have access to all books, records, returns and
reports relating to such accounts.

(2) The Auditor-General shall submit his reports
made under subsection (1) of this section to the Speaker
(or, if the office of Speaker is vacant or the Speaker is for
any reason unable to perform the functions of his office,
to the Deputy Speaker) who shall cause them to be laid
before the House of Representatives.

(3) In the exercise of his functions under the
provisions of subsections (1) and (2) of this section, the
Auditor-General shall not be subject to the direction or
control of any other person or authority.

(4) The accounts of the department of the Auditor-
General shall be audited and reported on by the Minister
responsible for finance, and the provisions of subsections
(1) and (2) of this section shall apply in relation to the
exercise by that Minister of those functions as they apply
in relation to audits and reports made by the Auditor-
General.

( 5 ) Nothing in this section shall prevent the
performance by the Auditor-General of-

such other functions in relation to the accounts of
the Government of Jamaica and the accounts of
other public authorities and other bodies adminis-
tering public funds in Jamaica as may be
prescribed by or under any law for the time being
in force in Jamaica; or

such other functions in relation to the supervision
and control of expenditure from public funds in
Jamaica as may be so prescribed; or

such other functions in relation to the accounts
of any other government as he may be empowered

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CONSTITUTION OF JAMAICA

to perform by any authority competent in that
behalf.

CHAPTER IX

General

123. For the purposes of this Chapter of this Constitu- Interpreta-
tion, "public office" does not include office as a member tion.

of any board, panel, committee or other similar body
(whether incorporated or not) established by any law for
the time being in force in Jamaica.

124.-(1) There shall be a Public Service Commission for public
Service Jamaica consisting of a Chairman and such number of cornrnls-

other members, being not less than three nor more than sion.

five, as the Governor-General, acting on ,the recommenda-
tion of the Prime Minister after consultation with the Leader
of the Opposition, may from time to time decide.

(2) The members of the Public Service Commission
shall be appointed by the Governor-General, acting on the
recommendation of the Prime Minister after consultation
with the Leader of the Opposition, by instrument under
the Broad Seal :

Provided that one such member shall be so appointed
by the Governor-General from a list of persons, not
disqualified for appointment under this section, submitted
by the Jamaica Civil Service Association (or any other body
representing members of the public service which may from
time to time, in the opinion of the Governor-General acting
on the recommendation of the Prime Minister after con-
sultation with the Leader of the Opposition, have succeeded
to the functions of that Association).

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CONSTITUTION OF JAMAICA

(3) No person shall be qualified to be appointed
as a member of the Public Service Commission if he holds
or is acting in any public office other than the office of
member of the Judicial Service Commission or member of
the Police Service Commission.

(4) A member of the Public Service Commission
shall not, within a period of three years commencing with
the date on which he last held or acted in that office, be
eligible for appointment to any office power to make
appointments to which is vested by this Constitution in
the Governor-General acting on the advice of the Public
Service Commission.

(5) The office of a member of the Public Service
Commission shall become vacant-

at the expiration of five years from the date of
his appointment or such earlier time as may be
specified in the instrument by which he was
appointed;

if he resigns his office;

if he is appointed to any public office other than
the office of member of the Judicial Service
Commission or member of the Police Service
Commission; or

if the Governor-General, acting on the recom-
mendation of the Prime Minister after consultation
with the Leader of the Opposition, directs that
he shall be removed from office for inability to
discharge the functions thereof (whether arising
from infirmity of body or mind or any other cause)
or for misbehaviour.

(6) If the office of a member of the Public Service
Commission is vacant or a member is for any reason unable
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CONSTlTUTlON OF JA M A ZCA

to perform the functions of his office, the Governcr-General,
acting on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition, may appoint
a person who is qualified for appointment as a member of
the Commission to act as a member of the Commission, and
any person so appointed shall, subject to the provisions
of subsection (5) of this section, continue to act until the
office of the member of the Commission is filled or until
his appointment is revoked by the Governor-General acting
on the recommendation of the Prime Minister after con-
sultation with the Leader of the Opposition.

(7) The members of the Public Service Commission
shall receive such salaries and allowances as may from
time to time be prescribed by or under any law or by a
resolution of the House of Representatives :

Provided that-

(a) no such resolution may reduce any salary or
allowance for the time being prescribed by or under
a law; and

(b) the salary of a member of the Public Service
Commission shall not be reduced during his
continuance in office.

(8) The salaries for the time being payable to
members of the Public Service Commission under this
Constitution shall be charged on and paid out of the
Consolidated Fund.

125.-(1) Subject to the provisions of this Constitution, Appoint-
ment, etc., power to make appointments to-public offices and to remove of public

and to exercise disciplinary control over persons holding officers.

or acting in any such offices is hereby vested in the
Governor-General acting on the advice of the Public
Service Commission.

CONSTITUTION OF JAMAICA

(2) Before the Public Service Commission advises
the appointment to any public office of any person holding
or acting in any office power to make appointments to
which is vested by this Constitution in the Governor-
General acting on the advice of the Judicial Service Com-
mission or the Police Service Commission, it shall consult
with the Judicial Service Commission or the Police Service
Commission, as the case may be.

(3) Before the Governor-General acts in accordance
with the advice of the Public Service Commission that any
public officer should be removed or that any penalty should
be imposed on him by way of disciplinary control, he shall
inform the officer of that advice and if the officer then
applies for the case to be referred to the Privy Council,
the Governor-General shall not aot in accordance with the
advice but shall refer the case to the Privy Council
accordingly :

Provided that the Governor-General, aoting on the advice
of the Commission, may nevertheless suspend that officer
from the exercise of his office pending the determination
of the reference to the Privy Council.

(4) Where a reference is made to the Privy Council
under the provisions of subseotion (3) of this section, the
Privy Council shall consider the case and shall advise the
Governor-General what action should be taken in respect
of the officer, and the Governor-General shall then act in
accordance with such advice.

(5) Except for the purpose of making appointments
thereto or to aot therein or of revoking an appointment
to act therein, the provisions of this section shall not apply
in relation to the office of the Director of Public
Prosecutions.

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CONSTZTUTION OF JAMAICA 149

126.-(1) Subject to the provisions of subsection (2) of Permanent
this section, power to make appointments to the office of Secretaries.

Permanent Secretary (other than appointments on transfer
from another such office carrying the same salary) is hereby
vested in the Governor-General acting on the recommenda-
tion of the Public Service Commission.

(2) Before the Governor-General acts in accord-
ance wi'th a recommendation of the Public Service
Commission made under subseotion (1) of this section, he
shall consult the Prime Minister who may once require
that recommendation (hereafter in this subsection called
the "original recommendation") to be referred back to the
l b l i c Service Commission for reconsideration; and if, upon
such reconsideration, the Public Service Commission
submits a different recommendation, the provisions of this
subsection and of subseotion (2) of section 32 of this
Constitution shall apply thereto as they apply to an original
recommendation.

(3) Power to make appointments to any office of
Permanent Secretary on transfer from another such office
carrying the same salary is hereby vested in the Governor-
General acting on the recommendation of the Prime
Minister.

(4) For the purposes of this section the office of
Financial Secretary shall be deemed to be the office of a
Permanent Secretary.

127.-(1) The Governor-General, acting on the advice of Deleleeation
of funotions the Public Service Commission, may by instrument under public

the Broad Seal direct that, subject to such conditions as czs,
may be specified in that instrument, power to make appoint- S1m.
ments to such offices, being offices to which this section
applies, as may be so specified and power to remove and

--
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150 CONSTlTUTlON OF JAMAICA

power to exercise disciplinary control over persons holding
or acting in those offices, or any of those powers, shall
(without prejudice to the exercise of such power by the
Governor-General acting on the advice of the Public Service
Commission) be exercisable by such one or more members
of the Public Service Commission or by such other authority
or public officer as may be so specified.

(2) In relation to any power made exercisable under
subsection (1) of this section by some person or authority
other than the Governor-General acting on the advice of
the Public Service Commission, the offices to which this
section applies are all offices in respeot of which that power
is, apart from this section. vested by this Constitution in
the Governor-General acting on such advice.

(3) In any case where an appointment is to be made
by virtue of an instrument made under this section and
the person to be a~pointed holds or is acting in any ofice
power to make apmintments to which is vested by this
Constitution in the Governor-General acting on the advice
of the Judicial Service Commission or the Police Service
Commission. the mrson or authority suecified in the said
instrument shall conwlt with the Jndicial Service Com-
mission or the Police Service Commission. as the case may
be. before making the apoointment.

(4) Where, by virtue of an instrument made under
this section. the Dower to remove or to exercise disciplinary
control over any officer has been exercised by a person or
authoritv other than the Governor-General acting on the
advice of the h~h l i c Service Commission, the officer in
respect of whom it was so exercised may apply for the
case to be referted to the Privy Council. and thereupon
the aotion of the aforesaid person or authority shall cease
to have effect and the case shall be referred to the Privy
Council accordingly and the Governor-General shall then

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CONSTITUTION OF JAMAICA 151

take such aotion in respect of that officer as the Privy
Council may advise :

Provided that-
(a) where the action of the aforesaid person or

authority included the removal of that officer or
his suspension from the exercise of his office, that
person or authority may nevertheless suspend him
from the exercise of his office pending the deter-
mination of the reference to the Privy Council; and

(b) before advising the Governor-General under this
subsection, the Privy Council shall consult with
the Public Service Commission.

1 2 8 4 1 ) Power to appoint persons to hold or act in the Appoint-
ment, etc., offices to which this section applies (including power to ~f,,i~,i , l

make appointments on promotion and transfer and to :?ATh'
confirm appointments) and to remove persons so appointed i;:ir
from any such office shall vest in the Governor-General,
acting in accordance with the advice of the Prime Minister.

(2) Before tendering any advice for the purposes
of this section in relation to any person who holds or acts
in any public office other than an office to which this section
applies, the Prime Minister shall consult the Public Service
Commission.

(3) The offices to which this section applies are
the offices of any Ambassador, High Commissioner or other
principal representative of Jamaica in countries other than
Jmaica.

PART 2
Police

129.41) There shall be a Police Service Commission for Police
Jamaica consisting of a Chairman and such number of other 5 ~ 2 ~
members, being not less than two nor more than four, as --

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the Governor-General, acting on the recommendation of
the Prime Minister after consultation with the Leader of
the Opposition, may from time to time decide.

(2) The members of the Police Service Commission
shall be appointed by the Governor-General on the recom-
mendation of the Prime Minister after consultation with
the Leader of the Opposition, by instrument under the
Broad Seal.

(3) No person shall be qualified to be appointed
as a member of the Police Service Commission if he holds
or is acting in any public office other than the office of
member of the Judicial Service Commission or member of
the Public Service Commission.

(4) A member of the Police Service Commission
shall not, within a period of three years commencing with
the date on which he last held or acted in that office, be
eligible for appointment to any office power to make
appointments to which is vested by this Constitution in
the Governor-General acting on the advice of the Police
Service Commission.

(5 ) The office of a member of the Police Service
Commission shall become vacant-

(a) at the expiration of five years from the date of
his appointment or such earlier time as may be
specified in the instrument by which he was
appointed;

(b) if he resigns his office;

(c) if he is appointed to any public office other than
the office of member of the Judicial Service
Commission or member of the Public Service
Commission;

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CONSTITUTION OF JAMAICA

(d) if the Governor-General, acting on the recom-
mendation of the Prime Minister after consultation
with the Leader of the Opposition, directs that
he shall be removed from office for inability to
discharge the functions thereof (whether arising
from infirmity of body or mind or any other cause)
or for misbehaviour.

(6) If the office of a member of the Police Service
Commission is vacant or a member is for any reason unable
to perform the functions thereof, the Governor-General,
acting on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition, may appoint
a person who is qualified for appointment as a member
of the Commission to act as a member of the Commissicn,
and any person so appointed shall, subject to the provisions
of subsection (5) of this section, continue to act until the
office of the member of the Commission is filled or until
his appointment is revoked by the Governor-General, acting
on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition.

(7) The members of the Police Service Commission
shall receive such salaries and allowances as may from time
to time be prescribed by or under any law or by a resolution
of the House of Representatives:

Provided that-

(a) no such resolution may reduce any salary or
allowance for the time being prescribed by or
under a law; and

(b) the salary of a member of the Police Service
Commission shall not be reduced during his
continuance in office.

(8) The salaries for the time being payable to
members of the Police Service Commission under this

m e ioclusion of this page is aurhorized hy LN. .%/I9791

Appoint-
mona, etc.,
of police
officers.

Delegation
of functions
of Pol'ice
Service
Commjs-
don.

CONSTITUTION OF JAMAICA

Constitution shall be charged on and paid out of the
Consolidated Fund.

130. Section 125 of this Constitution (with the substitu-
tion therein of the words "the Police Service Commission"
for the words "the Public Service Commission" wherever the
same occur and of the words "the Public Service Commis-
sion" for the words "the Police Service Commission" in
subsection (2) thereof) shall apply in relation to police
officers as it applies in relation to other public officers.

131.-(1) The Governor-General, acting on the advice of
the Police Service Commission, may by instrument under
the Broad Seal direct that, subject to such conditions as
may be specified in that instrument, power to make appoint-
ments to such offices, being offices to which this section
applies, as may be so specified and power to remove and
power to exercise disciplinary control over persons holding
or acting in those offices, or any of those powers shall
(without prejudice to the exercise of such power by the
Governor-General acting on the advice of the Police Service
Commission) be exercisable by such one or more members
of the Police Service Commission or by such other authority
or public officer as may be so specified.

(2) The offices to which this section applies are the
offices of all police officers not above the rank of inspector.

(3) In any case where an appointment is to be
made by virtue of an instrument made under this section
and the person to be appointed holds or is acting in any
office power to make appointments to which is-vested by
this Constitution in the Governor-General acting on the
advice of the Judicial Service Commission or the Public
Service Commission, the person or authority specified in
the said instrument shall consult with the Judicial Service

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CONSTITUTION OF JAMAICA

Commission or the Public Service Commission, as the case
may be, before making the appointment.

(4) Where, by virtue of an instrument made under
this seotion, the power to remove or to exercise disciplinary
control over any officer has been exercised by a person
or authority other than the Governor-General acting on
the advice of the Police Service Commission, the officer
in respect of whom it was so exercised may apply for the
case to be referred to the Privy Council, and thereupon
the adion of the aforesaid person or authority shall cease
to have effect and the case shall be referred to the Privy
Council accordingly; and the Governor-General shall then
take such aotion in respect of that officer as the Privy
Council may advise:

Provided that-

(a) where the action of the aforesaid person or
authority includes the removal of that officer or
his suspension from the exercise of his office, that
person or authority may nevertheless suspend him
from the exercise of his office pending the deter-
mination of the reference to the Privy Council; and

(b) before advising the Governor-General under this
subsection, the Privy Council shall consult with
the Police Service Commission.

Pensions

132.-(1) Subject to the provisions of section 134 of this Aqglic-
ab~llty Constitution, the law applicable to the grant and payment ,f ,;

to any officer, or to his widow, children, dependants or law.
personal representatives, of any pension, compensations,
gratuity- or other like allowance (in this section and in
sections 133- and 134 of this Constitution referred to as

. . - . . - . . - . . .. . . . . me. 'hclusion of this M e . is .authaized by LNL.50/1979]

Pensions.
etc., to be
oharged on
Consdida-
ted Fund.

Grant and
withholding
of -ions,

CONSTITUTION OF JAMAICA

an "award") in respeot of the service of that officer in a
public office shall be that in force on the relevant day or
any later law not less favourable to the person concerned.

(2) For the purposes of this section the relevant
day is-

(a) in relation to an award granted before the
appointed day, the day on which the award was
granted;

(b) in relation to an award granted or to be granted
on or after the appointed day to or in respect of
a person who was a public officer before that day,
the day immediately before that day;

(c) in relation to an award granted or to be granted
to or in respect of a person who first becomes
a public officer on or after the appointed day, the
day on which he becomes a public officer.

(3) For the purposes of this section, in so far as
the law applicable to an award depends on the option of
the person to or in respect of whom it is granted or to be
granted, the law for which he opts shall be taken to be
more favourable to him than any other law for which he
might have opted.

(4) For the purposes of this section and of sections
133 and 134 of this Constitu'tion, service as a Judge of the
Court of Appeal or as a Judge of the Supreme Court shall
be deemed to be public service.

133. Awards granted under any law for the time being
in force in Jamaica in respect of the public service shall
be charged on and paid out of the Consolidated Fund.

134.41) The power to grant any award under any
pensions law for the time being in force in Jamaica (other

CONSTITUTION OF JAMAICA

than an award to which, under that law, the person to
whom it is payable is entitled as of right) and, in accordance
with any provisions in that behalf ccntained in any such
law, to withhold, reduce in amount or suspend any award
payable under any such law is hereby vested in the
Governor-General.

(2) The power vested in the Governor-General by
subsection (1) of this seotion shall be exercised by him-

in the case of an award payable to a person who,
having been a public officer, was immediately
before the date on which he ceased to hold public
office, serving-

(i) as a Judge of the Court of Appeal;
(ii) as a Judge of the Supreme Court;
(iii) in any office to which section 112 of this

Constitution applies at the date of the
exercise of the power,

on the recommendation of the Judicial Service
Commission;
in the case of an award payable to a person who,
having been a public officer, was, immediately
before the date aforesaid, serving as a police officer,
on the recommendation of the Police Service
Commission; and
in the case of an award payable to any other
person, on the recommendation of the Public
Service Commission.

(3) In this section, "pensions law" means any law
relating to the grant to any person, or to the widow, children,
dependants or personal representatives of that person, of
an award in respect of the services of that person in a
public office, and includes any instrument made under any
such law.

.- - - .-
e'&lusi;n .of this page. is a~thojized by LN. SO/ 19791

CONSTITUTION OF JAMAICA

CHAPTER X

Powers and
p r e d u r e
o£.Cpm-
mi651ons.

P r o t d n
of.
permit the application of paragraphs 2 lo 5 (inclusi~c) of tlus Schcdulc.

2.--41) The boundag of a constituency shall not cross the boundac of a
Parish as delimited by the Counties and Parishes Act or by any law
amending or replacing that law.

(2) There shall be at least two constituencies in each such parish.

3. Subject to the provisions of paragraphs 2 and 1 of this Schedule. the
boundaries of each constituency shaU be such that tl~e number of the
electorate thereof is as nearly equal to the electorate quota as is reasonably
practicable.

4. The electorate of a constituency I I U ~ be greater or less t l m the
electorate quota in order to take account of-

(0) the varying physical features and transportation facilities within
Jamaica: and

(b) the Merence between urban and rural areas in respect of density
of population:

Provided that. subject to the provisions of paragraph 2 of this Schedule.
the electorate of a constituent?. shall not-

(i) csceed the electorate quota b!. more t l m fifty per centum.
or

(ii) be less than sixty-sis and two-thirds per centum of the
electorate quota.

5. For the purposes of tlus Schedule-

(a) the electorate of a constituency means the number of persons
whose names appear on the oflicial lists of electors for the area ,
comprised in that constituency in force on the enumeration dale
under the law for the time being regulating the conduct of
elections:

(6 ) the "enumeration date" means. in relation to any report of the \
Standing Committee. the date on which the notice with respect to
that repon is published in accordance with subsection (7) qf
section 67 of t h ~ s Constitution; and

(c) the "electorate quota means the number obtained by dviding the
total of the electorate of all the constituencies by the number of
constituencies into which the Standing Committee recommends
Jamaica should be divided.

CONSTZTUTZON OF JAMAICA 163

THIRD SCHEDULE Sections 96(7), 100(7),
106(7) and
121 (6).

Provisions Relating to Applicability of the Commissions of Enquiry
Act t o Tribunals Appointed under this Constitution

1. The following provisions of the Act shall not apply, that is
to say : -

(a) section 2-whole section;

(b) section 3-so much of the section as follows the words "in
his place";

(c) section 5-whole section;

(6) section 7-the words "after taking such oath or affirmation";

(e) section 15-whole section.

2. In section 13 there shall be substituted for the words "Such
sums, so directed to be paid, shall be paid by the Accountant-General
out of the ordinary cash balance in the Treasury", the words "Such
sums so directed to be paid, shall be charged on and paid out of the
Consolidated Fund".

3. All powers and duties conferred or imposed on the Governor-
General under the Act shall be exercised or performed by him acting
in each case in the manner prescribed by this Constitution.

(This Note is not part of the Order, but is intended to indicate
its general purport).

By virtue of the Jamaica Independence Act, 1962, Jamaica will
attain fully responsible status within the Commonwealth on the 6th
August, 1962. This Order makes provision for a new Constitution
for Jamaica with effect from that date, including provision for the
executive government, the legislature, the judicature and the public
service. The Constitution also contains provision relating to citizenship
of Jamaica and fundamental rights and freedoms of the individual.
Read Entire Law on www.moj.gov.jm