Flags and Coat of Arms (Regulation) Act


Published: 1973-07-10

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Flags and Coat of Arms (Regulation) Act
FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FLAGS AND COAT OF ARMS (REGULATION)
CHAPTER 32

FLAGS AND COAT OF ARMS (REGULATION)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Insulting the National Flag, etc. an offence.
4. Prohibition of improper use of National Flag.
5. Prohibition of improper use of the Governor-General’s Flag and the Prime

Minister’s Flag.
6. Forfeiture.
7. Regulations.

SCHEDULE.

FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 32

FLAGS AND COAT OF ARMS (REGULATION)
An Act to regulate the use of the National Flag, the

Governor-General’s Flag, the Prime Minister’s Flag and the
Coat of Arms of The Bahamas and to provide for matters
incidental to or connected therewith.

[Assent 4th July, 1973]
[Commencement 10th July, 1973]

1. This Act may be cited as the Flags and Coat of
Arms (Regulation) Act.

2. (1) In this Act, unless the context otherwise
requires —

“Coat of Arms” means the Coat of Arms of The
Bahamas described in Part IV of the Schedule;

“Governor-General’s Flag” means the Governor-
General’s Flag described in Part II of the
Schedule;

“Minister” means the Minister responsible for Flags
and Coats of Arms;

“National Flag” means the Flag of The Bahamas
described in Part I of the Schedule;

“Prime Minister’s Flag” means the Prime Minister’s
Flag described in Part III of the Schedule.

(2) Unless the context otherwise requires, references
in this Act to a section are references to a section of this
Act and references in a section to a subsection are
references to a subsection of that section.

3. Where any person —
(a) mutilates, cuts, tears, burns or in any way

defaces whether by writing, printing or stamping
thereon or otherwise; or

(b) by any spoken words insults or brings into
contempt or ridicule,

20 of 1973

Short title.

Interpretation.

Schedule.

Insulting the
National Flag,
etc., an offence.

CH.32 – 4] FLAGS AND COAT OF ARMS (REGULATION)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the National Flag, the Governor-General’s Flag, the Prime
Minister’s Flag or the Coat of Arms, or any representa-
tions thereof, such person, unless he can prove that the act
was done with lawful justification or excuse or the words
were spoken without intent to insult or bring into contempt
or ridicule the said Flags or the Coat of Arms, or any
representations thereof, shall be guilty of an offence and
liable on summary conviction to a fine not exceeding five
hundred dollars or to imprisonment for a term not
exceeding six months or to both such fine and imprison-
ment.

4. (1) No person shall, except with the written
permission of the Minister —

(a) apply to any goods, articles or things made,
produced, distributed or sold by him, or import
into The Bahamas any goods, articles or things
to which there has been applied, the National
Flag or the Coat of Arms or any part of the
design thereof (or a flag or device so nearly
resembling them as to be calculated to deceive);
or

(b) use or permit to be used in connection with any
business, trade, calling or profession, the
National Flag or the Coat of Arms or any part of
the design thereof (or a flag or device so nearly
resembling them as to be calculated to deceive)
in a manner calculated to lead to the belief that
he is duly authorized to use the National Flag or
Coat of Arms, as the case may be, in that
connection.

(2) Any permission given under subsection (1) may
be given subject to such conditions as the Minister may
deem fit.

(3) Any person who contravenes the provisions of
subsection (1) or who fails to comply with any of the
conditions imposed in pursuance of subsection (2) shall be
guilty of an offence and liable on summary conviction to a
fine not exceeding two hundred and fifty dollars or to
imprisonment for a term not exceeding three months or to
both such fine and imprisonment.

Prohibition of
improper use of
National Flag,
etc.

FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

5. (1) No person, other than the Governor-General
or a person authorized by the Governor-General in that
behalf, shall fly, display or otherwise use the Governor-
General’s Flag.

(2) No person, other than the Prime Minister or a
person authorized by the Prime Minister in that behalf,
shall fly, display or otherwise use the Prime Minister’s
Flag.

(3) Any person who contravenes the provisions of this
section shall be guilty of an offence and liable on summary
conviction to a fine not exceeding two hundred and fifty
dollars or to a term of imprisonment not exceeding three
months or to both such fine and imprisonment.

6. Where a person is convicted of an offence under
this Act or any regulations made thereunder, the court
before which he is convicted may, in addition to any other
punishment provided for in this Act or in any regulations
made thereunder, direct that any articles, goods or things
by means or in respect of which the offence was committed
shall be forfeited.

7. The Minister may make regulations —
(a) prescribing the occasions upon which, the

persons by whom and the manner in which the
National Flag or the Coat of Arms may be flown
or displayed, as the case may be;

(b) prohibiting, controlling or restricting the use of
the National Flag or the Coat of Arms;

(c) providing for such other Flags as the Minister
may from time to time deem necessary and
prescribing the occasions upon which, the
persons by whom and the manner in which any
such Flag may be flown;

(d) regulating the manner in which application may
be made to him for his authority to use the
National Flag or the Coat of Arms in any
connection mentioned in subsection (1) of
section 4 and prescribing a form of licence by
which that authority may be given;

(e) constituting offences in relation to any of the
matters referred to in the foregoing paragraphs
and prescribing penalties in respect thereof.

Prohibition of
improper use of
the Governor-
General’s Flag
and the Prime
Minister’s Flag.

Forfeiture.

Regulations.

CH.32 – 6] FLAGS AND COAT OF ARMS (REGULATION)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SCHEDULE (Section 2(1))
PART I

The following is a description of the National Flag of The
Bahamas —

Azure a Fess Or issuing from the dexter a Pile Sable.
PART II

The following is a description of the Governor-General’s Flag —
Azure representation of the Royal Crest proper ensigning a
scroll or inscribed Commonwealth of The Bahamas in
Letters Sable.

PART III
The following is a description of the Prime Minister’s Flag —

Azure a Fess Or issuing from the dexter a Pile Sable
charged in the sinister with a Mace erect counterchanged
over a Sun in Basem.

PART IV
The following is a description of the Coat of Arms of The
Bahamas —
Arms: Upon a representation of the Santa Maria on a base

barry wavy of four Azure and Argent on a Chief
Azure demisun Or.

Crest: Upon a representation of Our Royal Helmet mantled
Azure doubled Argent on a Wreath Or and Azure. A
Conch Shell proper in front of a Panache of Palm
Fronds proper.

Supporters: On the dexter side a Marlin proper and on the
sinister side a Flamingo proper; and upon a
Compartment per pale Waves of the Sea and
Swampland proper.

Motto: “Forward, Upward, Onward Together”.

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