Saint Lucia Constitution Order 1967
| Jurisdiction | UK Non-devolved |
1967 No. 229
ASSOCIATED STATES
The Saint Lucia Constitution Order 196722ndFebruary 1967
1stMarch 1967
At the Court at Buckingham Palace, the 22nd day of February 1967
Present, The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of Her powers under section 5 of the West Indies Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1.—(1) This Order may be cited as the Saint Lucia Constitution Order 1967.
Citation and commencement.
(2) This Order shall come into operation on 1st March 1967.
2. The Orders mentioned in Schedule 1 to this Order are revoked to the extent therein specified.
Revocations.
3. The Constitution of Saint Lucia set out in Schedule 2 to this Order shall come into effect in Saint Lucia at the commencement of this Order:
Establishment of Constitution.
Provided that Chapter VII of the Constitution shall come into effect on the date appointed in accordance with section 88 of the Constitution.
W. G. Agnew.
SCHEDULE 1 TO THE ORDER
Section 2
ORDERS REVOKED BY THIS ORDER
Order Reference Extent of
Revocation
The Saint Lucia (Consti- S.I. 1959 II, p. 3408 The whole Order
tution) Order in Council
1959
The Windward Islands S.I. 1959/2198 (1959 The whole Order so
and Leeward Islands I, p. 558) far as it applies
(Police Service Com- to Saint Lucia
mission) Order in
Council 1959
The Saint Lucia (Vali- S.I. 1961 II, p. 3372 The whole Order
dation of Elections)
Order in Council 1961
(a) 1967 c. 4.
Section 3
SCHEDULE 2 TO THE ORDER
THE CONSTITUTION OF SAINT LUCIA
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Section
1. Fundamental rights and freedoms.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labour.
5. Protection from inhuman treatment.
6. Protection from deprivation of property.
7. Protection from arbitrary search or entry.
8. Provisions to secure protection of law.
9. Protection of freedom of conscience.
10. Protection of freedom of expression.
11. Protection of freedom of assembly and association.
12. Protection of freedom of movement.
13. Protection from discrimination on the grounds of race, etc.
14. Derogations from fundamental rights and freedoms under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Declaration of emergency.
18. Interpretation and savings.
CHAPTER II
THE GOVERNOR
19. Establishment of office of Governor.
20. Oaths to be taken by Governor.
21. Acting Governor.
22. Deputy to Governor.
CHAPTER III
THE LEGISLATURE
PART I
Composition of the Legislature
23. Establishment of Legislature.
24. House of Assembly.
25. Qualifications for membership of House of Assembly.
26. Disqualifications for membership of House of Assembly.
27. Election of elected members.
28. Appointment of nominated members.
29. Tenure of office of members of House of Assembly.
30. Inability of nominated members.
31. Speaker and Deputy Speaker.
32. Supervisor of Elections.
33. Clerk to the House of Assembly.
34. Determination of questions as to membership of House of Assembly.
PART 2
Legislation and Procedure in the Legislature
35. Power to make laws.
36. Alteration of this Constitution and certain other laws.
37. Freedom of speech in proceedings in the Legislature.
38. Oath by members of House of Assembly.
39. Presiding in House of Assembly.
40. Quorum.
41. Voting.
42. Unqualified persons sitting or voting.
43. Mode of exercise of legislative power.
44. Restrictions with regard to certain financial measures.
45. Regulation of procedure in House of Assembly.
PART 3
Summoning, Prorogation and Dissolution
46. Sessions of the Legislature.
47. Prorogation and dissolution of the Legislature.
48. General elections.
PART 4
Delimitation of Constituencies
49. Standing Committee of House of Assembly.
CHAPTER IV
THE EXECUTIVE
50. Exercise of executive authority of Saint Lucia.
51. Ministers of the Government of Saint Lucia.
52. Attorney-General.
53. Cabinet of Ministers.
54. Allocation of portfolios to Ministers.
55. Performance of functions of Premier during absence or illness.
56. Exercise of Governor's functions.
57. Governor to be informed concerning matters of government.
58. Parliamentary Secretaries.
59. Oaths to be taken by Ministers and Parliamentary Secretaries.
60. Leader of the Opposition.
61. Permanent secretaries.
62. Secretary to the Cabinet.
63. Constitution of offices, etc.
64. Director of Public Prosecutions.
65. Prerogative of mercy.
66. Committee on Prerogative of mercy.
67. Procedure in capital cases.
CHAPTER V
FINANCE
68. Consolidated Fund.
69. Withdrawals from Consolidated Fund or other public funds.
70. Authorisation of expenditure from Consolidated Fund by Appropriation law.
Section
71. Authorisation of expenditure in advance of appropriation law.
72. Contingencies Fund.
73. Remuneration of certain officers.
74. Public debt.
75. Director of Audit.
CHAPTER VI
THE PUBLIC SERVICE
PART 1
The Public Service Commission
76. Public Service Commission.
77. Appointment, etc., of public officers.
PART 2
Appointments, etc., to particular offices
78. Appointment, etc., of permanent secretaries and certain other officers.
79. Director of Public Prosecutions.
80. Director of Audit.
81. Appointment, etc., of magistrates, registrars and legal officers.
PART 3
The Police
82. Police Force.
PART 4
The Public Service Board of Appeal
83. Public Service Board of Appeal.
84. Appeals in discipline cases.
85. Powers and procedure of Board of Appeal.
PART 5
Pensions
86. Pensions laws and protection of pension rights.
87. Power to withhold pensions, etc.
CHAPTER VII
CITIZENSHIP
88. Commencement.
89. Persons who become citizens on appointed date.
90. Persons entitled to be registered as citizens.
91. Persons born in Saint Lucia on or after appointed date.
92. Persons born outside Saint Lucia on or after appointed date.
93. Marriage to citizen of Saint Lucia.
94. Powers of the Legislature.
95. Interpretation.
CHAPTER VIII
JUDICIAL PROVISIONS
96. Original jurisdiction of High Court in constitutional questions.
97. Reference of constitutional questions to High Court.
98. Appeals to Court of Appeal.
99. Appeals to Her Majesty in Council.
100. Interpretation.
CHAPTER IX
TRANSITIONAL PROVISIONS
101. Existing laws.
102. The Legislature.
103. First Cabinet.
104. Attorney-General.
105. Existing public officers.
106. Termination of provisions of certain Orders in Council.
CHAPTER X
INTERPRETATION
107. Certain questions not to be enquired into in any court.
108. Resignations.
109. Reappointment and concurrent appointments.
110. Interpretation.
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
1. Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, 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—
Fundamental rights and freedoms.
(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 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 the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
2.—(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 of Saint Lucia of which he has been convicted.
Protection of right to life.
(2) 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, 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;
(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.
3.—(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:—
Protection of right to personal liberty.
(a) in execution of the sentence or order of a court, whether established for Saint Lucia or some other country, in respect of a criminal offence of which he has been convicted;
(b) in execution of the order of the High Court or the Court of Appeal punishing him for contempt of the High Court or the Court of Appeal or of another court or tribunal;
(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 of Saint Lucia;
(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...
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