- CHAPTER I THE FEDERATION AND THE CONSTITUTION
- CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
- CHAPTER III THE GOVERNOR-GENERAL
- CHAPTER IV PARLIAMENT
- CHAPTER V THE EXECUTIVE
- CHAPTER VI FINANCE
- CHAPTER VII THE PUBLIC SERVICE COMMISSION
- CHAPTER VIII CITIZENSHIP
- CHAPTER IX JUDICIAL PROVISIONS
- CHAPTER X THE ISLAND OF NEVIS
- CHAPTER XI MISCELLANEOUS
- SCHEDULE 1 PROVISIONS REFERRED TO IN SECTION 38(3)
- SCHEDULE 2 RULES FOR DELIMITATION OF CONSTITUENCIES
- SCHEDULE 3 ALTERATIONS IF NEVIS SECEDES
- SCHEDULE 4 FORMS OF OATH
- SCHEDULE 5 LEGISLATIVE POWERS
- SCHEDULE 6 TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS
THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS
WHEREAS the People of Saint Christopher and Nevis-
a) declare that the nation is established on the belief in Almighty God and the inherent dignity c) believe in the concept of true democracy with free and fair elections; e) are committed to achieve their national objectives with a unity of purpose: CHAPTER I
THE FEDERATION AND THE CONSTITUTION
1.-(1) The island of Saint Christopher (which is otherwise known as Saint Kitts) and the island of Nevis shall be a sovereign democratic federal state which may be styled Saint Christopher and Nevis or Saint Kitts and Nevis or the Federation of Saint Christopher and Nevis or the Federation of Saint Kitts and Nevis.
(2) The territory of Saint Christopher and Nevis shall comprise all areas that were comprised in the associated state of Saint Christopher and Nevis immediately before 19th September 1983, together with such other areas as may be declared by Parliament to form part of the territory of Saint Christopher and Nevis.
Constitution is supreme law.
2.-This Constitution is the supreme law of Saint Christopher and Nevis and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.
CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS Fundamental rights and freedoms. 3.-Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights
and freedoms, that is to say, the right, whatever his race, place of origin, birth, political opinions, colors, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a) life, liberty, security of the person, equality before the law and the protection of the law; b) freedom of conscience, of expression and of assembly and association; and
c) protection for his personal privacy, the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any person does not impair the rights and freedoms of others or the public interest.
4.-(1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of treason or murder under any law of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
a) for the defence of any person from violence or for the defence of property; 5.-(1) A person shall not be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say-
a) in consequence of his unfitness to plead to a criminal charge;
b) in execution of the sentence or order of a court, whether established for Saint Christopher and Nevis or some other country, in respect of a criminal offence of which he has been convicted;
c) in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal;
d) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
e) for the purpose of bringing him before a court in execution of the order of a court;
f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;
g) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; h) for the purpose of preventing the spread of an infectious of contagious disease;
i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment or the protection of the community;
j) for the purpose of preventing the unlawful entry of that person into Saint Christopher and Nevis or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Saint Christopher and Nevis or for the purpose of restricting that person while he is being conveyed through Saint Christopher and Nevis in the course of his extradition or removal as a convicted prisoner from one country to another; or
k) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Saint Christopher and Nevis, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Saint Christopher and Nevis in which, in consequence of any such order, his presence would otherwise be unlawful. a) for the purpose of bringing him before a court in execution of the order of a court; or
b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after his arrest or detention. Provided that a judge, a magistrate or a justice of the peace or an officer of a court of a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the Crown.
(7) For the purposes of subsection (1)(b) a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission or that he is not guilty by reason of insanity shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.
Protection from slavery of forced labour.
6.-(1) A person shall not be held in slavery or servitude. a) any labour required in consequence of the sentence or order of a court;
b) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a defence force, any labour that person is required by law to perform in place of such service; or
d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.
7.-A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.
8.-(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and by or under the provisions of a law that prescribes the principles on which and the manner in which compensation therefor is to be determined and given.
(2) Every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for-
a) the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest of right and the amount of any compensation to which he is entitled; and b) the purpose of enforcing his right to prompt payment of that compensation:
Provided that, if the legislature so provides in relation to any matter referred to in paragraph (a), the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter. a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party;
b) the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or
c) the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer to a country outside Saint Christopher and Nevis of capital raised in Saint Christopher and Nevis or in some other country or derived from the natural resources of Saint Christopher and Nevis.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1)-
a) to the extent that law in question makes provision for the taking of possession of or acquisition of any property, interest or right-
i) in satisfaction of any tax, rate or due,
ii) by way of penalty for breach of any law or forfeiture in consequence of breach of any law;
iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants;
vi) in consequence of any law with respect to the limitation of actions; or
vii) for so long only as may be necessary for those purposes, for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
b) to the extent that the law in question makes provision for the taking of possession of or acquisition of any of the following property (including an interest in or right over property), that is to say-
i) enemy property;
ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. Protection from arbitrary search or entry.
9.- (1) Except with his own consent, a person shall not be subject to the search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources or the development or utilization of any property for a purpose beneficial to the community;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c) that authorizes an officer or agent of the Government, the Nevis Island Administration, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or any thing thereon for the purposes of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, Administration, authority or body corporate, as the case may be; or
d) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such an order,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Provisions to secure protection of law.
10.-(1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
a) shall be presumed to be innocent until he is proved or has pleaded guilty;
b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
c) shall be given adequate time and facilities for the preparation of his defence;
d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;
e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence:
Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court. a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would impair the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years of the protection of the private lives of persons concerned in the proceedings; or
b) may by a law be empowered or required to do in the interests of defence, public safety or public order.
(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
b) subsection (2)(e) to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
c) subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that 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 that disciplinary law. 11.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. a) in the interests of defence, public safety, public order, public morality or public health;
b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion; or
c) for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them,
and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expression shall be construed accordingly.
Protection of freedom of expression.
12.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication is to the public generally or to any person or class of persons) and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
of each individual;
b) assert that they are entitled to the protection of fundamental rights and freedoms;
d) desire the creation of a climate of economic well-being in the context of respect for law and
order; and
NOW THEREFORE, the following provisions shall have effect as the Constitution of Saint
Christopher and Nevis:-
The Federation and its territory.
Protection of right to life.
b) in order to effect a lawful arrest, or to prevent the escape, or a person lawfully detained;
c) for the purpose of suppressing a riot, insurrection or mutiny; or
d) in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
Protection from inhuman treatment.
Protection from deprivation of property.
Protection of freedom of conscience.