Gambia (Constitution) (Amendment) Order in Council 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 1963/1629 |
| Year | 1963 |
1963 No. 1629
AFRICA
The Gambia (Constitution) (Amendment) Order in Council 196327thSeptember 1963
3rdOctober 1963
Section 13As provided in section 21Section 14On a day to be appointed by the Governor under section 22Section 15On a day to be appointed by the Governor under section 23Remainder4thOctober 1963
At the Court at Balmoral, the 27th day of September 1963
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers vested in Her by the British Settlements Acts 1887 and 1945(a) and by the Foreign Jurisdiction Act 1890(b) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and revocation.
1.—(1) This Order may be cited as the Gambia (Constitution) (Amendment) Order in Council 1963 and shall be construed as one with the Gambia (Constitution) Order in Council 1962(c), which Order is hereinafter referred to as "the principal Order".
(2) The Gambia (Constitution) Order in Council 1962 and this Order may be cited together as the Gambia (Constitution) Orders in Council 1962 and 1963.
(3) Subject to the provisions of sections 21, 22, 23 and 24 of this Order, the provisions of this Order shall come into operation on 4th October 1963.
(4) The Gambia (Constitution) (Amendment) Order in Council 1962(d) is revoked.
(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(b) 53 & 54 Vict. c. 37.
(c) S.I. 1962/826 (1962 I, p. 876).
(d) S.I. 1962/1871 (1962 II, p. 2189).
Amendment of section 2 of principal Order.
2. Section 2 of the principal Order is amended as follows:—
(a) in subsection (1) the definition of "public service" is amended by the insertion of the words "subject to the provisions of subsections (6) and (7) of this section" immediately after the word "means";
(b) the following new subsections are added immediately after subsection (5)—
"(6) In this Order, unless the context otherwise requires, references to offices in the public service shall be construed as including references to the offices of judges of the Supreme Court of the Gambia and references to the offices of members of the Gambia Police Force.
(7) In this Order, unless the context otherwise requires, references to an office in the public service shall not be construed as including references to the office of the Speaker or Deputy Speaker of the House, the Prime Minister, a Parliamentary Secretary, a member of the House or a member of the Public Service Commission.
(8) For the purposes of this Order, 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 service under the Crown.
(9) References in this Order 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 nothing in this subsection shall be construed as conferring on any person or authority power to require a judge of the Supreme Court, the Attorney-General, the Director of Audit or the Commissioner of Police to retire from the public service.
(10) Any provision in this Order that vests in any person or authority power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining any age specified therein.
(11) Where power is vested by this Order in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.
(12) Where any power is conferred by this Order to make any order or rule, pass any resolution or give any direction, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such order, rule, resolution or direction."
Insertion of new Part in principal Order.
3. The following new Part is inserted in the principal Order immediately after Part I—
"PART IA
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual.
3A. Whereas every person in the Gambia is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Part 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 the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
3B.—(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law in force in the Gambia of which he has been convicted.
(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order 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.
3C.—(1) No person shall 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 execution of the sentence or order of a court, whether established for the Gambia or some other country, in respect of a criminal offence of which he has been convicted;
(b) in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in the Gambia;
(f) 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;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into the Gambia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from the Gambia or for the purpose of restricting that person while he is being conveyed through the Gambia in the course of his extradition or removal as a convicted prisoner from one country to another; or
(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within the Gambia, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of the Gambia in which, in consequence of any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained—
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in the Gambia,
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained as mentioned in paragraph (b) of this subsection is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
Protection from slavery and forced labour.
3D.—(1) No person shall be held in slavery or servitude.
(2) No person...
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