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کاربران آنلاين: ۱
بازديد امروز: ۱۸
بازديد روز قبل: ۲۳۱
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آي پي: ۱۹۲.۱۶۸.۰.۱۸۷
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Bermuda ۲




Section ۴۳: Quorum


۱. If at any sitting of either House any member of the House who is present draws the attention of the member presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the rules of procedure of the House, the member presiding at the sit­ting ascertains that a quorum of the House is still not present, the House shall be adjourned.

۲. For the purposes of this section—

a. a quorum of the Senate shall consist of the President or the Senator presiding and four other Senators; and

b. a quorum of the House of Assembly shall consist of the Speaker or other member presiding and fourteen other members of the House.


Section ۴۴: Voting


۱. Save as otherwise provided in this Constitution or in rules of procedure of the House made in accordance with section ۴۵(۲) of this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.

۲. The President or other member presiding in the Senate shall have an original but no casting vote; and in the event of an equality of votes on any question, the motion shall be lost.

۳. The Speaker or other member presiding in the House of As­sembly shall not vote unless on any question the votes are equally di­vided, in which case he shall have and exercise a casting vote.


Section ۴۵: Rules of procedure


۱. Subject to the provisions of this Constitution, each House may make rules of procedure for the regulation and orderly con­duct of its own proceedings and the despatch of business, and the passing, intituling and numbering of bills and the presentation of the same to the Governor for assent.

۲. The rules of procedure of a House may provide that a rule shall not be suspended, or that the ordinary procedure for the despatch of business shall not be departed from in favour of any exceptional pro­cedure provided for in the rules, if such number of members of the House as is specified by the rules object to such suspension or depar­ture.


Section ۴۶: Privileges of Houses


The Legislature may by law determine and regulate the privi­leges, immunities

and powers of either House and the members thereof, but no such privileges,

immunities or powers shall exceed those of the Commons House of Parliament

of the United Kingdom or of the members thereof.


Section ۴۷: Power of disallowance in respect of laws relating to Government stock


۱. Any law enacted by the Legislature which has been as­sented to by the Governor and which appears to Her Majesty"s Govern­ment in the United Kingdom to alter, to the injury of the stockholder, any provision relating to any stock to which this section applies or to involve a departure from the original contract in respect of any such stock, may be disallowed by Her Majesty through a Secretary of State.

۲. Whenever such a law has been disallowed by Her Majesty the Governor shall cause notice of such disallowance to be published in the Gazette and the law shall be annulled with effect from the date of publication of that notice.

۳. On the annulment of any law under this section any enact­ment repealed or amended by or in pursuance of that law shall have ef­fect as from the date of the annulment as if that law had not been made; and, save as provided in the foregoing provisions of this subsection, the provisions of section ۳۸(۲) of the Interpretation Act ۱۸۸۹ [NOTE the Interpretation Act ۱۸۸۹ was repealed and replaced by the Interpretation Act ۱۹۷۸ [title ۱ item ۱A]] shall apply to that annulment as they apply to the repeal of an Act of Parliament.

۴. The stock to which this section applies is stock forming the whole or any part of the public debt of Bermuda by the conditions of is­sue of which it is provided that this section shall apply to it.


Section ۴۸: Session of the Legislature


۱. Each session of the Legislature shall be held in such place and shall commence at such time as the Governor may appoint by proclamation published in the Gazette.

۲. The time appointed for the commencement of any session of the Legislature shall be such that a period of twelve months does not in­tervene between the end of one session and the first sitting of the Legis­lature in the next session.


Section ۴۹: Prorogation and dissolution of the Legislature


۱. The Governor, acting in accordance with the advice of the Premier, may at any time, by proclamation published in the Gazette, pro­rogue or dissolve the Legislature: Provided that—

a. if the Premier advises the Governor to dissolve the Leg­islature and the Governor considers that the government of Bermuda can be carried on without a dissolution and that a dissolution would not be in the interests of Bermuda, the Governor, acting in his discretion, may refuse to dissolve the Legislature; and

b. if the office of Premier is vacant and the Governor con­siders that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of majority of the members of the House of Assembly the Governor, acting in his dis­cretion, may dissolve the Legislature.

۲. Unless sooner dissolved, the Legislature shall stand dis­solved on the expiration of five years from the date of its first sitting after any general election.


Section ۵۰: Recalling dissolved Legislature in case of emergency


If between a dissolution of the Legislature and the next ensuing general

election, an emergency arises of such a nature that, in the opin­ion of the

Governor, it is necessary for the two Houses to be summoned before that

general election can be held, the Governor may, after con­sultation with the

Premier, by proclamation published in the Gazette, summon the two Houses of

the preceding Legislature, and that Legisla­ture shall thereupon be deemed

(except for the purposes of section ۵۱(۱) of this Constitution) not to have

been dissolved but shall be deemed (except as aforesaid) to be dissolved on

the date on which the next en­suing general election is held.


Section ۵۱: General elections, bye-elections and appointments to Senate


۱. A general election of members of the House of Assembly shall be held at such time within three months after every dissolution of the Legislature as the Governor shall appoint by proclamation published in the Gazette.

۲. Whenever any person vacates his seat as a member of the House of Assembly for any reason other than a dissolution of the Legis­lature, an election to fill the vacancy shall be held within two months af­ter the occurrence of the vacancy unless the Legislature is sooner dis­solved or the date on which the Legislature will stand dissolved under the provisions of section ۴۹(۲) of this Constitution is less than four months after the occurrence of the vacancy.

۳. As soon as practicable after every general election the Gov­ernor shall proceed under section ۲۷ of this Constitution to the appoint­ment of members of the Senate.

۴. Whenever any person vacates his seat as a Senator for any reason other than a dissolution of the Legislature, the Governor shall, as soon as practicable, appoint a person to fill the vacancy under the same paragraph of section ۲۷(۲) of this Constitution as the person whose seat has become vacant was appointed.


Constituencies and the Franchise


Section ۵۲: Division of parishes of Bermuda into two-member constituencies


۱. For the purpose of elections, the parish of Pembroke shall be divided into four constituencies and each of the other eight parishes of Bermuda shall be divided into two constituencies.

۲. Each constituency shall return two members to the House of Assembly.

۳. For the purposes of subsection (۱) of this section, the boundaries of the parishes of Bermuda shall be the boundaries of those parishes subsisting immediately before the coming into operation of this Constitution [۲ June ۱۹۶۸]:

Provided that the Legislature may by law include any reclaimed land within the boundaries of any parish and (without prejudice to the provisions of section ۵۴ of this Constitution) of any constituency within that parish.


Section ۵۳: Constituency Boundaries Commission


۱. A Constituency Boundaries Commission for Bermuda shall be appointed from time to time at such time as the Governor, after con­sultation with the Premier and the Opposition Leader, may determine:Provided that—

a. the first such Commission shall be appointed not earlier than ۲۰th May ۱۹۷۰ nor later than ۲۰th May ۱۹۷۴;

b. any subsequent Commission shall be appointed not less than three nor more than seven years from the date on which the previous Commission submitted its report in accordance with the provisions of section ۵۴ of this Con­stitution.

۲. A Constituency Boundaries Commission shall consist of—

a. a Chairman appointed by the Governor, acting in his dis­cretion;

b. a member (in this section referred to as "the judicial member") appointed by the Governor, acting in his dis­cretion, from among persons who hold or have held high judicial office;

c. two members appointed by the Governor, acting in ac­cordance with the advice of the Premier, from among the members of the two Houses; and

d. two members appointed by the Governor, acting in ac­cordance with the advice of the Opposition Leader, from among those members.

۳. A person shall not be qualified to be appointed as the Chairman or the judicial member of a Constituency Boundaries Com­mission if he is a member of either House or a public officer.

۴. The Chairman or the judicial member of a Constituency Boundaries Commission shall vacate his office—

a. on the day following the date of submission under sec­tion ۵۴ of this Constitution of the report of the Commis­sion;

b. if any circumstances arise that, if he were not such a member of the Commission, would cause him to be dis­qualified for appointment as such;

c. if the Governor, acting in his discretion, 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.

۵. Any other member of a Constituency Boundaries Commis­sion shall vacate his office—

a. on the day following the date of submission under sec­tion ۵۴ of this Constitution of the report of the Commis­sion;

b. if he ceases to be a member of either House;

c. if his appointment is revoked by the Governor, acting, in the case of a member appointed under subsection (۲)(c) of this section, in accordance with the advice of the Pre­mier or, in the case of a member appointed under sub­section (۲)(d) of this section, in accordance with the ad­vice of the Opposition Leader.

۶. A Constituency Boundaries Commission may regulate its own procedure and, with the consent of the Governor, confer powers and impose duties on any public officer or on any authority of the Govern­ment for the purpose of the discharge of its functions.

۷. A Constituency Boundaries Commission may act notwith­standing any vacancy in its membership (including any vacancy not filled when appointments of members are first made) and its proceedings shall be valid notwithstanding that some person who was not entitled so to do took part therein:

Provided that any decision of the Commission shall require the concurrence of not less than three members of the Commission.

۸. In the exercise of its functions under this Constitution, a Constituency Boundaries Commission shall not be subject to the direc­tion or control of any other person or authority.

۹. Subject to the provisions of subsection (۷) of this section, any question before a Constituency Boundaries Commission may be de­termined by the vote of a majority of the members of the Commission present and voting:

Provided that in the event of an equality of votes, the Chairman shall have and shall exercise a casting vote.


Section ۵۴: Review and alteration of constituency boundaries


۱. A Constituency Boundaries Commission shall, as soon as practicable after its appointment, review the boundaries of the con­stituencies into which the parishes of Bermuda are divided and submit to the House of Assembly a report either—

a. stating that, in the opinion of the Commission, no change in those boundaries is required; or

b. recommending the changes in those boundaries speci­fied in the report.

۲. In determining whether or not to recommend any changes in the boundaries of the constituencies, the Commission shall—

a. take no account of the racial distribution of electors within a parish;

b. take account of the natural boundaries within a parish; and

c. subject to the provisions of section ۵۲(۱) of this Consti­tution and to the foregoing provisions of this subsection, ensure that the constituencies shall contain, so far as it reasonably practicable, equal numbers of persons quali­fied to be registered as electors under section ۵۵ of this Constitution:

Provided that no account shall be taken of the population resi­dent in any area leased to the United States of America in pursuance of the agreement between the Governments of the United Kingdom and the United States of America signed on ۲۷th March, ۱۹۴۱ or which by virtue of any law is in the possession of the United States of America in antici­pation of such a lease.

۳. As soon as may be after the Commission has submitted a report under subsection (۱)(b) of this section, the Premier shall lay before the House of Assembly for its approval the draft of an order by the Gov­ernor for giving effect, whether with or without modifications, to the rec­ommendations contained in the report, and that draft may make provi­sion for any matters which appear to the Premier to be incidental to or consequential upon the other provisions of the draft.

۴. Where any draft order laid under this section would give ef­fect to any such recommendations with modifications, the Premier shall lay before the House of Assembly together with the draft a statement of the reasons for the modifications.

۵. If the motion for the approval of any draft order laid under this section is rejected by the House of Assembly, or is withdrawn by leave of that House, an amended draft shall be laid without undue delay by the Premier before the House of Assembly.

۶. If any draft order laid under this section is approved by res­olution of the House of Assembly, the Premier shall submit it to the Gov­ernor who shall make an order (which shall be published in the Gazette) in terms of the draft; and that order shall come into force upon the next dissolution of the Legislature after it is made.

۷. The question of the validity of any order by the Governor purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the House of Assembly shall not be inquired into in any court except on the ground that it is inconsistent with the provisions of section ۵۲(۱) of this Constitution.


Section ۵۵: Qualifications and disqualifications of electors


۱. Subject to the provisions of subsection (۲) of this section, a person shall be qualified to be registered as an elector for the purposes of elections in a constituency if and shall not be so qualified unless, on the qualifying date, he—

a. is a British subject who has attained the age of eigh­teen years; [paragraph (a) amended to give effect to ۱۹۸۹:۵۷ section ۳ effective ۱ January ۱۹۹۰]

b. he possesses Bermudian status or, if he does not pos­sess that status, was registered as an elector on ۱st May, ۱۹۷۶; and

c. he is ordinarily resident in that constituency.

[NOTE by the British Nationality Act ۱۹۸۱ section ۵۱ without prejudice to subsection (۳)(c) thereof in any UK statutory instru­ment made before ۱ January ۱۹۸۳ "British sub­ject" and "Commonwealth citizen" have the same meaning and in relation to any time af­ter ۱ January ۱۹۸۳ means a person who has the sta­tus of a Commonwealth citizen under the British Nationality Act ۱۹۸۱]

۲. No person shall be qualified to be registered as aforesaid who, on the qualifying date—

a. is registered as an elector for the purposes of elections in any other constituency;

b. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Bermuda;

c. is disqualified for such registration under any law in force in Bermuda by reason of his serving or being under such a sentence of imprisonment (by whatever name called) as may be prescribed by any such law; or

d. is disqualified for such registration under any such law by reason of his having been convicted of any offence relating to elections.

۳. In this section "the qualifying date" means, in relation to any person, such date as may be prescribed by law as the date with ref­erence to which that person"s qualifications for registration shall be as­certained for the purposes of the preparation or revision of a register of electors for the constituency concerned.



CHAPTER IV

THE EXECUTIVE


Section ۵۶: Executive authority


۱. The executive authority of Bermuda is vested in Her Majesty.

۲. Subject to the provisions of this Constitution, the executive authority of Bermuda may be exercised on behalf of Her Majesty by the Governor, either directly or through officers subordinate to him.

۳. Nothing in this section shall prevent the Legislature from conferring functions on persons or authorities other than the Governor.


Section ۵۷: The Cabinet


۱. There shall be a Cabinet for Bermuda which shall consist of the Premier and, subject to the provisions of section ۶۴ of this Constitu­tion, not less than six other Ministers appointed in accordance with sec­tion ۵۸ of this Constitution.

۲. The Cabinet shall be collectively responsible to the Legisla­ture for any advice given to the Governor by or under the general au­thority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.

۳. The provisions of subsection (۲) of this section shall not ap­ply in relation to—

a. the appointment and removal from office of Ministers and Parliamentary Secretaries, the charging of a Minis­ter under section ۶۱ of this Constitution with responsibil­ity for the conduct of any business of the Government, or the authorisation of another Minister to perform the functions of the Premier during absence or illness;

b. the appointment of any Senator under paragraph (a) of section ۲۷(۲) of this Constitution; or

c. the dissolution of the Legislature.


Section ۵۸: Appointment of Premier and other Ministers


۱. The Governor, acting in his discretion, shall appoint as the Premier the member of the House of Assembly who appears to him best able to command the confidence of a majority of the members of that House.

۲. The other Ministers shall be appointed by the Governor in accordance with the advice of the Premier and, of those Ministers, not less than one nor more than two shall be appointed from among the Senators and the remainder shall be appointed from among the members of the House of Assembly.

۳. If occasion arises for making an appointment of a Minister between a dissolution of the Legislature and the polling in the next fol­lowing general election the preceding provisions of this section shall have effect for that purpose as if the Legislature had not been dissolved.

۴. A person shall not be qualified to be appointed as a Minister if he is the President or Vice-President of the Senate or the Speaker or Deputy Speaker of the House of Assembly or holds or is acting in any public office specified under paragraph (a) of section ۳۰(۳) of this Constitution.

۵. Appointments under this section shall be made by instru­ment under the Public Seal.


Section ۵۹: Tenure of office of Premier and other Ministers


۱. If the House of Assembly by the affirmative votes of a ma­jority of all the members thereof passes a resolution that it has no confidence in the Government, the Governor shall, by instrument under the Public Seal, revoke the Premier"s appointment:

Provided that before so doing the Governor shall consult with the Premier and may dissolve the Legislature in accordance with the provi­sions of section ۴۹(۱) of this Constitution instead of revoking the Pre­mier"s appointment.

۲. The Governor, acting in his discretion, may by instrument under the Public Seal revoke the appointment of the Premier if at any time between the polling in a general election and the first sitting of the House of Assembly thereafter the Governor considers that, in conse­quence of the changes in the membership of the House of Assembly re­sulting from that election, the Premier will not be the member of the House best able to command the confidence of a majority of the members thereof.

۳. The office of any Minister shall become vacant—

a. if for any reason other than a dissolution of the Legisla­ture the holder thereof ceases to be a member of the House of which he was a member at the time of his ap­pointment as a Minister;

b. if, under the provisions of section ۳۱(۲) of this Constitu­tion, he is required to cease to perform his functions as a member of that House; or

c. if he is elected to be the President or Vice-President of the Senate or the Speaker or Deputy Speaker of the House of Assembly or is appointed to or to act in any public office specified under paragraph (a) of section ۳۰(۳) of this Constitution.

۴. The office of any Minister other than the Premier shall be­come vacant—

a. if his appointment thereto is revoked by the Governor, acting in accordance with the advice of the Premier, by instrument under the Public Seal;

b. whenever the office of Premier becomes vacant; or

c. if he is not, at the commencement of the first Session of the Legislature after a dissolution thereof, a member of the House of which he was a member at the time of his appointment as a Minister.


Section ۶۰: Performance of functions of Premier in certain events


۱. Whenever the Premier is absent from Bermuda or is unable by reason of illness to perform the functions conferred upon him by this Constitution, the Governor may, by directions in writing, authorise any other Minister who was appointed from among the members of the House of Assembly to perform those functions (other than the functions conferred on the Premier by subsection (۲) of this section) and that Min­ister may perform those functions until his authority is revoked by the Governor.

۲. The powers conferred upon the Governor by this section shall be exercised by him in accordance with the advice of the Premier:

Provided that if the Governor considers that it is impracticable to obtain the Premier"s advice owing to his absence or illness the Governor may exercise those powers in his discretion.


Section ۶۰A:Performance of functions of other Ministers in certain events


۱. (۱)Whenever a Minister other than the Premier is unable, by reason of illness or absence from Bermuda or absence from his duties on leave, to perform the functions of his office, the Governor may, in writ­ing—

a. appoint a person who is a member of the same House as that Minister to be a temporary Minister; or

b. assign responsibility for the performance of the func­tions of that Minister to another Minister (including the Premier), and may specify the period for which such person shall be a temporary Minister or for which such other Minister shall perform the functions of that Minister:

Provided that, if occasion arises for the making of an appoint­ment under paragraph (a) between a dissolution of the Legislature and the next following general election, the preceding provisions of this sec­tion shall have effect for the purpose as if the Legislature had not been dissolved.

۲. Subject to the provisions of section ۵۹(۳) and (۴) of this Constitution—

a. a temporary Minister shall hold office, and

b. a Minister assigned to perform the functions of another Minister shall perform those functions, until the expiry of the period specified under subsection (۱) of this sec­tion or, where no period was so specified, until he is notified by the Gov­ernor in writing that he shall cease to hold that office or to perform those functions.

۳. The powers conferred on the Governor by this section shall be exercised by him in accordance with the advice of the Premier.


Section ۶۱: Allocation of portfolios to Ministers


۱. The Governor, acting in accordance with the advice of the Premier, may by directions in writing—

a. charge the Premier or any other Minister with responsi­bility for the conduct (subject to the provisions of this Constitution and of any other law) of any business of the Government including responsibility for the ad­ministration of any department of government;

b. designate the style by which any Minister so charged shall be known:

Provided that a Minister appointed from among the members of the House of Assembly shall be charged with responsibility for finance and shall be styled "Minister of Finance".

۲. Nothing in this section shall empower the Governor to con­fer on any Minister authority to exercise any powers or discharge any duty that is conferred or imposed by this Constitution or any other law on the Governor or any person or authority other than a Minister.

۳. Without prejudice to the generality of subsection (۲) of this section, except for the purpose of submitting questions relating to such matters to the Cabinet and conducting government business relating to such matters in either House, a Minister shall not be charged under this section with responsibility for—

a. any matter for which the Governor, acting in his discre­tion, is responsible under section ۶۲ of this Constitu­tion;

b. the discharge by the courts of Bermuda of their judicial functions;

c. the initiation, conduct and discontinuance of criminal proceedings;

d. the audit of the accounts of Bermuda;

e. the making of appointments to public offices, the re­moval or disciplinary control of persons holding or acting in such offices and the grant of any benefits in relation to pensions and gratuities in pursuance of section ۹۳ of this Constitution.

۴. A Minister charged under subsection (۱) of this section with responsibility for the conduct of any business of the Government may be assisted in the discharge of that responsibility by a board, committee or other similar body consisting wholly or partly of persons who are not public officers and established by a law enacted by the Legislature or by directions in writing given by the Minister concerned; and any such body shall have such advisory, consultative and administrative functions as may be conferred on it by such a law or such directions, but, in exercis­ing any such functions, the body shall be subject to the directions of the Minister concerned.

۵. Where a Minister has been charged under subsection (۱) of this section with responsibility for the administration of any department of government, the Minister shall (subject to the provisions of this Con­stitution and of any other law) exercise general direction and control over that department, and, subject to such direction and control, the depart­ment shall be under the supervision of a public officer (whose office is referred to in this Constitution as the office of a permanent secretary):

Provided that two or more departments of government may be placed under the supervision of one permanent secretary.


Section ۶۲: Governor"s special responsibilities


۱. The Governor, acting in his discretion, shall be responsible for the conduct (subject to the provisions of this Constitution and of any other law) of any business of the Government, including the adminis­tration of any department of government, with respect to the following matters—

a. external affairs;

b. defence, including armed forces;

c. internal security;

d. the police.

۲. The Governor, acting in his discretion, may by directions in writing delegate, with the prior approval of the Secretary of State, to the Premier or any other Minister designated by him after consultation with the Premier such responsibility for any of the matters specified in sub-section (۱) of this section as the Governor may think fit upon such con­ditions as he may impose.


Section ۶۳: Parliamentary Secretaries


۱. The Governor, acting in accordance with the advice of the Premier, may by instrument under the Public Seal appoint Parliamentary Secretaries from among the Senators and, subject to the provisions of section ۶۴ of this Constitution, the members of the House of Assembly to assist Ministers in the performance of their functions.

۲. If occasion arises for making an appointment of a Parlia­mentary Secretary between a dissolution of the Legislature and the polling in the next following general election the provisions of subsection (۱) of this section shall have effect for that purpose as if the Legislature had not been dissolved.

۳. A person shall not be qualified to be appointed as a Parlia­mentary Secretary if he is the President or Vice-President of the Senate or the Speaker or Deputy Speaker of the House of Assembly or holds or is acting in any public office specified under paragraph (a) of section ۳۰(۳) of this Constitution.

۴. The provisions of subsections (۳) and (۴) of section ۵۹ of this Constitution shall apply in relation to Parliamentary Secretaries as they apply in relation to Ministers.


Section ۶۴: Restriction on appointments from House of Assembly


The number of Ministers and Parliamentary Secretaries who are members of the

House of Assembly shall not at any time exceed twelve.


Section ۶۵: Summoning of Cabinet


The Cabinet shall not be summoned except by the authority of the Premier.


Section ۶۶: Proceedings of Cabinet


۱. The Premier 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 Premier shall appoint.

۲. The Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Cabinet (including any vacancy not filled when the Cabinet is first constituted or is reconstituted at any time) and the validity of the transaction of busi­ness in the Cabinet shall not be affected by reason only of the fact that some person who was not entitled to do so took part in the proceedings.


Section ۶۷: Summoning of persons to Cabinet


The Premier may summon any Parliamentary Secretary or public officer to a

meeting of the Cabinet whenever, in the opinion of the Pre­mier, the business

before the Cabinet renders his presence desirable.


Section ۶۸: Oaths


A Minister or a Parliamentary Secretary shall not enter upon the functions of

his office unless he has made before the Governor an oath or affirmation of

allegiance and an oath or affirmation for the due execution of his office in the

forms set out in the Schedule to this Constitution.


Section ۶۹: Secretary to Cabinet


۱. There shall be a Secretary to the Cabinet whose office shall be a public office.

۲. The 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 Premier, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet or any commit­tee thereof and for conveying the conclusions reached at the meetings to the appropriate person or authority, and shall have such other functions as the Premier may from time to time direct.

۳. The Secretary to the Cabinet shall—

a. transmit to the Governor copies of all papers submitted for consideration by the Cabinet or any committee thereof at the same time as those papers are transmitted to Ministers;

b. inform the Governor of the summoning of any meeting of the Cabinet or any committee of the Cabinet and of the matters to be discussed at any meeting of the Cabinet or any committee thereof at the same time as Ministers are so informed; and

c. furnish the Governor, as soon as practicable after each meeting of the Cabinet or any committee thereof with a copy of the minutes of that meeting showing the matters discussed and the conclusions reached at that meeting.


Section ۷۰: Governor"s Council


۱. There shall be a Governor"s Council for the purpose of considering matters for which the Governor is responsible under section ۶۲(۱) of this Constitution.

۲. The Governor"s Council shall consist of—

a. the Governor, as Chairman;

b. the Premier; and

c. not less than two or more than three other Ministers ap­pointed in writing by the Governor after consultation with the Premier.

۳. In the absence of the Governor the Deputy Governor shall preside at any meeting of the Governor"s Council.

۴. A Minister appointed under subsection ۲(c) of this section shall vacate his seat on the Council if—

a. is office becomes vacant under section ۵۹(۳) or (۴) of this Constitution; or

b. the Governor, acting after consultation with the Premier, so directs in writing.

۵. Nothing in subsection (۱) shall be construed as requiring the Governor to act in accordance with the advice of the Council in the discharge of his responsibilities under the said section ۶۲(۱).

۶. The Governor, acting in his discretion, may summon a meeting of the Council whenever he considers it desirable to do so and shall summon such a meeting whenever the Premier requests him to do so.

۷. The Governor may—

a. after consultation with the Premier, summon any Min­ister who is not a member of the Council to attend any meeting of the Council;

b. summon any other person to attend any meeting of the Council whenever he considers it desirable to do so.

۸. Subject to the provisions of this section, the Council may regulate its own procedure.

۹. The Secretary to the Cabinet shall be the Secretary to the Council.


Section ۷۱: Attorney-General


۱. There shall be an Attorney-General who shall be the princi­pal legal adviser to the Government.

۱A. The Attorney-General shall be either a member of either House who is entitled to practise as a barrister in Bermuda, in which case he shall be appointed by the Governor in accordance with the ad­vice of the Premier, or a public officer.

۲. The Attorney-General 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 civil court of Bermuda in respect of any offence against any law in force in Bermuda;

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

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

۳. The powers of the Attorney-General under subsection (۲) of this section may be exercised by him in person or by officers subordinate to him acting under and in accordance with his general or special in­structions.

۴. The powers conferred upon the Attorney-General by para­graphs (b) and (c) of subsection (۲) of this section shall be vested in him to the exclusion of any other person:

Provided that, where any other person or authority has insti­tuted criminal proceedings which have not been taken over and contin­ued by the Attorney-General under the said paragraph (b), nothing in this subsection shall, save when the Attorney-General has exercised his powers under the said paragraph (b), prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

۵. 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 purpose of any such proceed­ings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.

۶. In the exercise of the powers conferred on him by this sec­tion, the Attorney-General shall not be subject to the direction or control of any other person or authority.


Section ۷۱A:Director of Public Prosecutions


At any time when the office of Attorney-General is held by a member of either House—

a. there shall be a Director of Public Prosecutions whose office shall be a public office;

b. the following provisions of this Constitution shall have effect as if references therein to the Attorney-general were references to the Director of Public Prosecutions, that is to say, subsections (۲) to (۶) of section ۷۱, section ۸۲(۴), section ۸۶, section ۱۰۰(۵), section ۱۰۴(۵), and section ۱۰۵(۳);

c. section ۹۳(۲) of this Constitution shall have effect as if the reference therein to the Attorney-General included a reference to the Director of Public Prosecutions.


Section ۷۲: Opposition Leader


۱. Subject to the provisions of this section, there shall be an Opposition Leader who shall be appointed by the Governor.

۲. The Governor shall appoint as the Opposition Leader—

a. the member of the House of Assembly who, in the opin­ion of the Governor, is the leader in that House of any opposition party whose numerical strength in that House is greater than that of any other opposition party; or

b. if it appears to the Governor that there is no such party but that there is a member of the House of Assembly who would be acceptable as Opposition Leader to a ma­jority of the members of that House in opposition to the Government, that member.

۳. Whenever the office of Opposition Leader is vacant by rea­son of the fact that the Governor is of the opinion that there is no mem­ber of the House of Assembly whom he can appoint thereto in accor­dance with the provisions of subsection (۲) of this section—

a. the function conferred upon the Governor by paragraph (b) of section ۲۷(۲) of this Constitution shall be exercised by him after consultation with the leaders in the House of Assembly of the opposition parties whose numerical strength in that House is greatest;

b. the function conferred upon the Governor by section ۵۳(۱) of this Constitution shall be exercised by him after consultation with the Premier and the leaders aforesaid; and

c. the function conferred upon the Governor by paragraph (d) of section ۵۳(۲) and, in any case in which, but for the provisions of this subsection, it would be exercisable in accordance with the advice of the Opposition Leader, the function conferred upon him by paragraph (c) of section ۵۳(۵) of this Constitution shall be exercised by him in accordance with such advice as may be given to him jointly by the leaders aforesaid.

۴. If at any time between the polling in a general election and the next following dissolution of the Legislature the Governor is satisfied that, if the office of the Opposition Leader were then vacant, he would appoint thereto a person other than the person then holding that office, the Governor shall revoke the appointment of the Opposition Leader.

۵. The office of the Opposition Leader shall also become va­cant—

a. if for any reason other than a dissolution of the Legisla­ture the holder thereof ceases to be a member of the House of Assembly; or

b. if the holder thereof is appointed as the Premier.

۶. In this section, "opposition party" means a group of mem­bers of the House of Assembly in opposition to the Government who are prepared to support one of their number as their leader.

۷. In the exercise of his functions under this section the Gov­ernor shall act in his discretion.



CHAPTER V

THE JUDICIARY


The Supreme Court


Section ۷۳: Constitution of Supreme Court


۱. There shall be a Supreme Court for Bermuda which shall have such jurisdiction and powers as may be conferred upon it by this Constitution and any other law.

۲. The judges of the Supreme Court shall be a Chief Justice and such number of Puisne Judges as may be prescribed by any law en­acted by the Legislature:

Provided that the office of a Puisne Judge shall not, without his consent, be abolished during his continuance in office.

۳. The Chief Justice shall be a person qualified for appoint­ment under subsection (۵) of this section and shall be appointed by the Governor, by instrument under the Public Seal, acting after consultation with the Premier who shall first have consulted the Opposition Leader.

۴. The Puisne Judges of the Supreme Court shall be persons qualified as aforesaid and shall be appointed by the Governor, by in­strument under the Public Seal, after consultation with the Chief Justice.

۵. The qualifications for appointment as a judge of the Supreme Court shall be such as may be prescribed by any law enacted by the Legislature:

Provided that a person who has been appointed as a judge of the Supreme Court may continue in office notwithstanding any subsequent variation in the qualifications so prescribed.

۶. Whenever the Governor, acting after consultation with the Chief Justice, is satisfied that the state of business in the Supreme Court so requires, he may, acting as aforesaid, appoint a person, possessing such legal qualifications and experience as he may deem appropriate, to be an Assistant Justice on such terms and conditions of service as he may think fit, and any Assistant Justice shall have all the powers of a Puisne Judge:

Provided that the number of Assistant Justices holding office at any time shall not exceed such number as the Legislature may by law prescribe.

۷. References in sections ۳۰(۱), ۷۶ and ۱۰۳ of this Con­sti­tu­tion to a judge of the Supreme Court shall be construed as including refer­ences to an Assistant Justice.


Section ۷۴: Tenure of office of judges of Supreme Court


۱. Subject to the following provisions of this section, a judge of the Supreme Court shall vacate his office when he attains the age of sixty-five years:Provided that—

a. the Governor may permit a judge who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding the age of seventy years, as may have been agreed between the Governor and that judge; and

b. a judge who has attained the age at which he would oth­erwise vacate office under this subsection may continue in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in rela­tion to any proceeding commenced before him before he attained that age.

۲. 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 subsection (۳) of this section.

۳. A judge of the Supreme Court shall be removed from office by the Governor by instrument under the Public Seal if the question of the removal of that judge from office has, at the request of the Governor, made in pursuance of subsection (۴) of this section, been referred by Her Majesty to the Judicial Committee of Her Majesty"s Privy Council under section ۴ of the Judicial Committee Act ۱۸۳۳ or any other enactment en­abling 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 misbehaviour.

۴. If the Governor considers that the question of removing a judge of the Supreme Court from office for inability as aforesaid or mis­behaviour ought to be investigated, then—

a. the Governor shall appoint a tribunal, which shall con­sist of a Chairman and not less than two other members selected by the Governor from among persons who hold or have held high judicial office;

b. the tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Gover­nor 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 advises, the Governor shall request that the question should be referred accordingly.

۵. The provisions of the Commissions of Inquiry Act ۱۹۳۵ [title ۲۸ item ۱۹] of Bermuda as in force immediately before the coming into operation of this Constitution [۲ June ۱۹۶۸] shall, subject to the provisions of this section, apply as nearly as may be in relation to tribunals appointed un­der subsection (۴) 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.

۶. If the question of removing a judge of the Supreme Court from office has ben referred to a tribunal under subsection (۴) of this section the Governor may suspend the judge from performing the func­tions of his office, and any such suspension may at any time be revoked by the Governor, and shall in any case cease to have effect—

a. if the tribunal advises the Governor 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. if the Judicial Committee advises Her Majesty that the judge ought not to be removed from office.

۷. The powers conferred upon the Governor by this section shall be exercised by him acting in his discretion.


Section ۷۵: Acting judges of Supreme Court


۱. If the office of Chief Justice is vacant, or if the holder thereof is for any reason unable to perform the functions of his office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the Puisne Judges or such other person qualified for appointment as a judge of the Supreme Court as the Governor may, after consultation with the Premier, appoint for that purpose shall act in the office of Chief Justice.

۲. If the office of a Puisne Judge is vacant, or if any such judge is acting as Chief Justice, or is for any reason unable to perform the functions of his office the Governor, acting after consultation with the Chief Justice, may appoint a person, possessing such legal qualifications and experience as he may deem appropriate, to act as a Puisne Judge.

۳. A person may be appointed under subsection (۱) or subsec­tion (۲) of this section notwithstanding that he has attained the age of sixty-five years.

۴. Any person appointed under this section to act as a Puisne Judge shall, unless he is removed from office under the preceding sec­tion, continue to act for the period of his appointment or, if no such pe­riod is specified, until his appointment is revoked by the Governor, act­ing after consultation with the Chief Justice:

Provided that a person whose appointment so to act has expired or been revoked may, with the permission of the Governor, acting after consultation with the Chief Jus­tice, continue so to act for such period 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 previ­ously thereto.


Section ۷۶: Oaths to be taken by judges of Supreme Court


Before entering upon the functions of his office, every judge of the Supreme

Court shall make and subscribe before the Governor, or some other person

authorised in that behalf by the Governor, oaths or affirmations of allegiance

and for the due execution of his office in the forms set out in the Schedule to

this Constitution.


The Court of Appeal


Section ۷۷: Constitution of Court of Appeal


۱. There shall be a Court of Appeal for Bermuda which shall have such jurisdiction and powers as may be conferred upon it by this Constitution and any other law.

۲. The judges of the Court of Appeal shall be a President and such number of Justices of Appeal, not being less than two, as the Leg­islature may by law prescribe:

Provided that the office of a Justice of Appeal shall not, without his consent be abolished during his continuance in office.

۳. The judges of the Court of Appeal shall be appointed by the Governor, acting in his discretion, by instrument under the Public Seal, for such period as may be specified in their respective instruments of appointment.

۴. A person shall be qualified to be appointed as a judge of the Court of Appeal if, and shall not be qualified to be so appointed unless, he holds or has held high judicial office.

۵. A judge of the Supreme Court may exercise any of the pow­ers of a single judge of the Court of Appeal to such extent as the Legis­lature may by law prescribe.


Section ۷۸: Tenure of office of judges of Court of Appeal


۱. Subject to the following provisions of this section, the office of a judge of the Court of Appeal shall become vacant upon the expira­tion of the period of his appointment to that office.

۲. 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 (۳) of this section.

۳. judge of the Court of Appeal shall be removed from office by the Governor by instrument under the Public Seal if the question of the removal of that judge from office has, at the request of the Governor, made in pursuance of subsection (۴) of this section, been referred by Her Majesty to the Judicial Committee of Her Majesty"s Privy Council under section ۴ of the Judicial Committee Act ۱۸۳۳ or any other enactment en­abling 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 misbehaviour.

۴. If the Governor considers that the question of removing a judge of the Court of Appeal from office for inability as aforesaid or mis­behaviour ought to be investigated, then—

a. the Governor shall appoint a tribunal, which shall con­sist of a Chairman and not less than two other members selected by the Governor from among persons who hold or have held high judicial office;

b. the tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Gover­nor 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 advises, the Governor shall request that the question should be referred accordingly.

۵. The provisions of the Commissions of Inquiry Act ۱۹۳۵ [title ۲۸ item ۱۹] of Bermuda as in force immediately before the coming into operation of this Constitution [۲ June ۱۹۶۸] shall, subject to the provisions of this sec­tion, apply as nearly as may be in relation to tribunals appointed under subsection (۴) 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.

۶. If the question of removing a judge of the Court of Appeal from office has been referred to a tribunal under subsection (۴) of this section the Governor may suspend the judge from performing the func­tions of this office, and any such suspension may at any time be revoked by the Governor, and shall in any case cease to have effect—

a. if the tribunal advises the Governor 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. if the Judicial Committee advises Her Majesty that the judge ought not to be removed from office.

۷. The powers conferred upon the Governor by this section shall be exercised by him acting in his discretion.


Section ۷۹: Acting judges of Court of Appeal


۱. If the office of the President of the Court of Appeal is vacant, or if the holder thereof is for any reason unable to perform the functions of his office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder thereof has assumed those functions, as the case may be, such one of the Justices of Appeal or such other person qualified for appointment as a judge of the Court of Appeal as the Governor, acting in his discretion, may appoint for that purpose shall act in the office of President.

۲. If the office of a Justice of Appeal is vacant, or if any Justice of Appeal is acting as the President, or is for any reason unable to per­form the functions of his office the Governor, acting in his discretion, may appoint a person possessing such legal qualifications and experi­ence as he, after consultation with the President, may deem appropriate to act as a Justice of Appeal.

۳. Any person appointed under this section to act as a Justice of Appeal shall, unless he is removed from office under the preceding section, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor, acting in his discretion:

Provided that a person whose appointment so to act has expired or been revoked may, with the permission of the Governor, acting in his discretion, continue so to act for such period 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 previously thereto.


Section ۸۰: Oaths to be taken by judges of Court of Appeal


Before entering upon the functions of his office every judge of the Court of

Appeal shall make and subscribe before the Governor, or some other person

authorised in that behalf by the Governor, oaths or affir­mations of allegiance

and for the due execution of his office in the forms set out in the Schedule to

this Constitution.



CHAPTER VI

THE PUBLIC SERVICE


General


Section ۸۱: Public Service Commission


۱. There shall be a Public Service Commission for Bermuda consisting of a Chairman and four other members.

۲. The members of the Public Service Commission shall be ap­pointed by the Governor, by instrument under the Public Seal, acting after consultation with the Premier who shall first have consulted the Opposition Leader, for such period, not being less than three nor more than five years, as may be specified in their respective instruments of appointment.

۳. No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of either House or a public officer.

۴. A person shall not, while he holds or is acting in the office of a member of the Public Service Commission or within a period of five years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any public office.

۵. The office of a member of the Public Service Commission shall become vacant—

a. at the expiration of the period specified in the instru­ment by which he was appointed;

b. if he becomes a member of either House; or

c. if he is removed from office in accordance with the provi­sions of subsection (۶) of this section.

۶. A member of the Public Service Commission shall be re­moved from office by the Governor if the Governor, acting in his discre­tion, is satisfied that he ought to 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.

۷. During any pe­riod when the question of removing a member of the Public Service Commission from office for inability as aforesaid or for misbehaviour is being investigated by, or in pursuance of directions given by, the Gover­nor, the Governor, acting in his discretion, may suspend that member from performing the functions of his office.

۸. Whenever the office of the Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the Public Service Commission as the Governor, acting after consultation with the Premier, may appoint shall act in the office of the Chairman.

۹. If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is acting as the Chairman or is for any reason unable to perform the functions of his of­fice, the Governor, acting after consultation with the Premier, 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 (۵) of this sec­tion, continue so to act until he is notified by the Governor, acting in his discretion, that the circumstances giving rise to the appointment have ceased to exist.


Section ۸۲: Appointment etc., of public officers


۱. Subject to the provisions of this Constitution, power to make appointments to public offices, and to remove or exercise disci­plinary control over persons holding or acting in such offices, is vested in the Governor acting in accordance with the recommendation of the Pub­lic Service Commission.

۲. Before the Public Service Commission recommends to the Governor the appointment of a person to the office of a permanent sec­retary or head of a department of government the Commission shall con­sult the Premier.

۳. The Legislature may by law make, or provide for the making of, provision with respect to offences against the discipline of any police force or the prison service of Bermuda and the punishment that may be imposed for any such offence; and the power to exercise disciplinary control (including the power to remove a person from office) over members of any such force or the prison service vested in the Governor, acting in accordance with the recommendation of the Public Service Commission, by this section shall be exercised in accordance with any such provision relating to the force or service concerned.

۴. The provisions of this section shall not apply in relation to—

a. the office of the Attorney-General, Commissioner of Po­lice, Deputy Commissioner of Police and the Auditor;

b. any office to which section ۸۹ of this Constitution ap­plies; or

c. the office of Secretary to the Cabinet except as respects power to remove or exercise disciplinary control over a person holding or acting in that office.


Section ۸۳: Delegation of Governor"s powers


۱. The Governor, acting in accordance with the recommenda­tion of the Public Service Commission, may by regulations delegate, to such extent and subject to such conditions as may be specified in the regulations, the powers vested in him by section ۸۲ of this Constitution (other than powers in relation to the offices referred to in subsections (۲) and (۴)(c) thereof to the Chairman of the Commission or to such public officers as may be so specified.

۲. Except in so far as regulations made under this section oth­erwise provide, any power delegated by such regulations may be exer­cised by any person to whom it is delegated without reference to the Public Service Commission.


Section ۸۴: Performance of functions of Public Service Commission


۱. No business shall be transacted at any meeting of the Pub­lic Service Commission unless the Chairman and not less than two other members of the Commission are present.

۲. Subject to the provisions of subsection (۱) of this section, the Public Service Commission may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall be valid notwithstanding that some person who was not entitled so to do took part therein.

۳. Any question proposed for decision at any meeting of the Commission shall be determined by a majority of the votes of the mem­bers present and voting, and if on any such question the votes are equally divided the Chairman shall have and exercise a casting vote.

۴. When the Public Service Commission is meeting to consider the appointment of any person to an office in the Police Force (other than the office of Commissioner of Police or Deputy Commissioner of Police) or the removal of, or the exercise of disciplinary control over, any person holding or acting in such an office, the Commissioner of Police shall be entitled to attend and express his views on the matter to the Commis­sion.

۵. Subject to the provisions of this Constitution, the Governor, acting after consultation with the Premier and the Public Service Com­mission, may by regulations make provision for regulating and facilitat­ing the performance by the Commission of its functions under this Con­stitution, including (without prejudice to the generality of the foregoing power) provision for any of the following matters—

a. conferring powers and imposing duties on any public of­ficer or any authority of the Government for the purpose of facilitating the performance by the Commission of those functions;

b. the protection and privileges of members of the Commis­sion in respect of the performance of their functions and the privilege of communications to and from the Com­mission and its members in the case of legal proceed­ings;

c. the definition and trial of offences in relation to the functions of the Commission and the imposition of penalties for such offences:

Provided that no such penalty shall exceed a fine of twelve hun­dred dollars or imprisonment for a term of one year or both such fine and such imprisonment.

۶. Subject to the provisions of this Constitution and of any regulations made under subsection (۵) of this section, the Public Service Commission may regulate its own procedure.

۷. Subject to the provisions of subsection (۵) of this section and of any regulations made thereunder, in the performance of its func­tions under this Constitution the Public Service Commission shall not be subject to the direction or control of any other person or authority.


Section ۸۵: Particular Offices


[Deleted by UK SI ۱۹۷۳ No. ۲۳۳].


Section ۸۶: Appointment, etc., of Attorney-General


۱. Power to make appointments to the office of Attorney-Gen­eral is vested in the Governor acting in his discretion.

۲. Subject to the following provisions of this section, the At­torney-General shall vacate his office when he attains the age of sixty-five years:

Provided that the Governor, acting after consultation with the Premier, may permit an Attorney-General who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding the age of seventy years, as may have been agreed between the Governor and that Attorney-General.

۳. The Attorney-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 (۴) of this section.

۴. The Attorney-General shall be removed from office by the Governor if the question of his removal from office has been referred to a tribunal appointed under subsection (۵) of this section and the tribunal has advised the Governor that he ought to be removed from office for in­ability as aforesaid or for misbehaviour.

۵. If the Governor, acting in his discretion, considers that the question of removing the Attorney-General from office for inability as aforesaid or for misbehaviour ought to be investigated, or if the Premier or the Chief Justice after consultation with the Premier represents to the Governor that that question ought to be investigated, then—

a. the Governor shall appoint a tribunal, which shall con­sist of a Chairman and not less than two other members selected by the Governor, acting in his discretion, from among persons who hold or have held high judicial of­fice; and

b. that tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Gover­nor whether the Attorney-General ought to be removed from office for inability as aforesaid or for misbehaviour.

۶. The provisions of the Commissions of Inquiry Act ۱۹۳۵ [title ۲۸ item ۱۹] of Bermuda as in force immediately before the coming into operation of this Constitution [۲ June ۱۹۶۸] shall, subject to the provi­sions of this section, apply as nearly as may be in relation to tribunals appointed under subsection (۵) 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.

۷. If the question of removing the Attorney-General from office has been referred to a tribunal under subsection (۵) of this section, the Governor, acting in his discretion, may suspend the Attorney-General from performing the functions of his office, and any such suspension may at any time be revoked by the Governor, acting in his discretion, and shall in any case cease to have effect if the tribunal advises the Gov­ernor that the Attorney-General should not be removed from office.

۸. References in subsections (۲) to (۷) of this section to the Attorney-General do not include references to a person appointed to act in the office of Attorney-General during any period when it is vacant or the holder thereof is unable to perform the functions thereof; and the appointment of such a person may be revoked by the Governor, acting in his discretion, at any time before the expiration of that period.


Section ۸۷: Appointment, etc., of Commissioner and Deputy Commissioner of Police


Power to make appointments to, the offices of Commissioner of Police and Deputy Commissioner of Police and to remove or exercise dis­ciplinary control over persons holding or acting in those offices is vested in the Governor acting after consultation with the Public Service Com­mission.


Section ۸۸: Appointment, etc., of the Auditor


۱. Power to make appointments to the office of the Auditor is vested in the Governor acting in his discretion.

۲. Subject to the following provisions of this section, the Au­ditor shall vacate his office when he attains the age of sixty-five years:

Provided that the Governor, acting after consultation with the Premier, may permit an Auditor who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding the age of seventy years, as may have been agreed between the Governor and that Auditor.

۳. The Auditor may be removed from office only for inability to discharge the functions of his office (whether arising from inability 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 (۴) of this section.

۴. The Auditor shall be removed from office by the Governor if the Governor, acting in his discretion, is satisfied that he ought to be removed from office for inability as aforesaid or for misbehaviour.

۵. During any period when the question of removing the Au­ditor from office for inability as aforesaid or for misbehaviour is being in­vestigated by, or in pursuance of directions given by, the Governor, the Governor, acting in his discretion, may suspend the Auditor from per­forming the functions of his office.

۶. References in subsections (۲) to (۵) of this section to the Auditor do not include references to a person appointed to act in the of­fice of Auditor during any period when it is vacant or the holder thereof is unable to perform the functions thereof; and the appointment of such a person may be revoked by the Governor, acting in his discretion, at any time before the expiration of that period.


Section ۸۹: Appointment, etc., of magistrates and other legally qualified staff of the courts


۱. Power to make appointments to the offices to which this section applies and to remove or exercise disciplinary control over per­sons holding or acting in those offices is vested in the Governor acting after consultation with the Chief Justice.

۲. This section applies to the offices of magistrate, member of any other civil court subordinate to the Supreme Court and registrar of the Supreme Court or the Court of Appeal and of such other officers of the civil courts of Bermuda who are required to possess legal qualifica­tions as the Legislature may by law prescribe.


Section ۹۰: Appointment of Secretary to Cabinet


۱. Power to make appointments to the office of Secretary to the Cabinet is vested in the Governor acting in accordance with the recom­mendation of the Premier.

۲. Whenever occasion arises for making an appointment under this section the Public Service Commission shall submit to the Premier a list of public officers who appear to the Commission to be qualified for the appointment and the Premier shall recommend to the Governor a person whose name appears on that list.


Pensions


Section ۹۱: Applicability of pensions law


۱. Subject to the provisions of Section ۹۳ of this Constitu­tion, the law to be applied to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pen­sion, gratuity or other like allowance (in this section and sections ۹۲ and ۹۳ of this Constitution referred to as an "award") in respect 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.

۲. For the purposes of this section the relevant day is—

a. in relation to an award granted before the date on which this Constitution comes into operation, the day on which the award was granted;

b. in relation to an award granted or to be granted on or after the date on which this Constitution comes into op­eration to or in respect of a person who was a public of­ficer before that date, the day immediately before that date;

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 date on which this Constitution comes into operation, the day on which he becomes a public officer.

۳. 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.


Section ۹۲: Pensions, etc., charged on the Consolidated Fund


Awards granted under any law for the time being in force in Bermuda shall

(except so far as they are a charge on some other fund and are duly paid out

of that fund to the person to whom payment is due) be a charge on and paid

out of the Consolidated Fund.


Section ۹۳: Grant and withholding of pensions, etc.


۱. The power to grant any award under any pensions law for the time being in force in Bermuda (other 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 in any such law, to with­hold, reduce in amount or suspend any award payable under any such law shall vest in the Governor.

۲. The power vested in the Governor by, subsection (۱) of this section shall be exercised by him—

a. in his discretion in the case of an award payable in re­spect of the services of any person who, having been a public officer, was, immediately before the date on which he ceased to hold public office, serving as—

i. Deputy Governor;

ii. a judge of the Supreme Court;

iii. a judge of the Court of Appeal;

iv. Attorney-General;

v. Auditor; or

vi. a member of the personal staff of the Governor;

۳. after consultation with the Public Service Commission in the case of an award payable in respect of any person who, having been a public officer, was, immediately be­fore the date aforesaid, serving as Commissioner of Po­lice or Deputy Commissioner of Police or in any office to which section ۸۹ of this Constitution applies; and

a. in accordance with the recommendation of the Public Service Commission in any other case.

b. 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.



CHAPTER VII

FINANCE


Section ۹۴: Consolidated Fund


All revenues or other moneys raised or received by or for the purposes of the

Government (not being revenues or other moneys that are payable by or under

any law into some other fund established for any specific purpose or that may,

by or under any law, be retained by the authority that received them for the

purpose of defraying the expenses of that authority) shall be paid into and

form a Consolidated Fund.


Section ۹۵: Withdrawal of money from the Consolidated Fund or other public funds


۱. No money shall be withdrawn from the Consolidated Fund except upon the authority of a warrant under the hand of the Minister of Finance:

Provided that where, in the opinion of the Governor, acting in his discretion, moneys are required to enable him to discharge his responsi­bilities for the defence of Bermuda, internal security or the police, such moneys may be withdrawn from the Consolidated Fund either—

a. upon the authority of a warrant under the hand of the Minister of Finance; or

b. upon the authority of a warrant under the hand of the Governor, acting in his discretion.

۲. No warrant shall be issued by the Minister of Finance for the purpose of meeting any expenditure unless—

a. the expenditure has been authorised for the financial year during which the withdrawal is to take place—

i. by an Appropriation law; or

ii. by a supplementary estimate approved by reso­lution of the House of Assembly;

b. the expenditure has been authorised in accordance with the provisions of section ۹۷ of this Constitution; or

c. it is expenditure (in this Chapter referred to as "statutory expenditure") that is charged upon the Consolidated Fund by this Constitution or by any other law.

No moneys shall be withdrawn from any public fund other than the Consolidated Fund unless the issue of those moneys has been authorised by or under any law.


Section ۹۶: Authorisation of expenditure


۱. The Minister of Finance shall cause to be prepared and laid before the House of Assembly as soon as practicable before the com­mencement of each financial year estimates of the revenues and expen­diture of Bermuda for that year:

Provided that, if the Legislature is dissolved less than three months before the commencement of any financial year, the estimates for that year may be laid before the House as soon as practicable after the commencement of that year.

۲. The heads of expenditure contained in the estimates (other than statutory expenditure) shall be included in a bill to be known as an Appropriation bill which shall be introduced into the House of As­sembly to provide for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums to the purposes specified therein.

۳. If in respect of any financial year it is found—

a. that the amount appropriated by the Appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or

b. that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the Appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate, showing the sum required or spent, shall be laid before the House of Assembly.

۴. Where in respect of any financial year any supplementary estimates have been laid before the House of Assembly in accordance with the provisions of subsection (۳) of this section and approved by res­olution of that House, a supplementary Appropriation bill shall, as soon as practicable after the end of that year, be introduced into that House to provide for the appropriation to the purposes in question of the sums in­cluded in such estimates that have been expended for that year.

۵. Where in respect of any financial year moneys have been withdrawn from the Consolidated Fund upon the authority of a warrant issued by the Governor by virtue of the proviso to section ۹۵(۱) of this Constitution, the Minister of Finance shall, if the circumstances of the case so require, cause a statement of expenditure in respect of such moneys to be prepared and laid before the House of Assembly.


Section ۹۷: Authorisation of expenditure in advance of appropriation


If the Appropriation law in respect of any financial year has not come into

operation by the beginning of that financial year, the House of Assembly by

resolution may empower the Minister of Finance to autho­rise the withdrawal of

moneys from the Consolidated Fund for the pur­pose of meeting expenditure

necessary to carry on the services of the Government until the expiration of

four months from the beginning of that financial year or the coming into

operation of the Appropriation law, whichever is the earlier.


Section ۹۸: Contingencies fund


۱. The Legislature may by law make provision for the estab­lishment of a contingencies fund and for authorising the Minister of Fi­nance to make advances from that fund if he is satisfied that there is an urgent and unforeseen need for expenditure for which no other provision exists.

۲. When any advance is made from the contingencies fund a supplementary estimate shall, as soon as practicable, be laid before the House of Assembly for the purpose of authorising the replacement of the amount so advanced.


Section ۹۹: Public debt


۱. All debt charges for which Bermuda is liable shall be a charge on the Consolidated Fund.

۲. For the purposes of this section, debt charges include inter­est, sinking fund charges, the repayment or amortisation debt and all expenditure in connection with the raising of loan on the security of the revenues of Bermuda or the Consolidated Fund and the service and re­demption of debt thereby created.


Section ۱۰۰: Remuneration of certain officers


۱. There shall be paid to the holders of the offices to which this section applies such salary or other remuneration and such al­lowances as may be prescribed by or under a law enacted by the Legis­lature.

۲. The remuneration and allowances payable to the holders of those offices shall be a charge on the Consolidated Fund.

۳. The remuneration prescribed in pursuance of this section in respect of the holder of any such office and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his ser­vice in that office) shall not be altered to his disadvantage after his ap­pointment.

۴. Where a person"s remuneration or other terms of service depend upon his option, the remuneration or terms for which he opts shall, for the purposes of subsection (۳) of this section, be deemed to be more advantageous to him than any others for which he might have opted.

۵. This section applies to the offices of Governor, Chief Jus­tice, Puisne Judge, President of the Court of Appeal, Justice of Appeal, Chairman or other member of the Public Service Commission, Attorney-General, Auditor, and Chairman and judicial member of a Constituency Boundaries Commission.


Section ۱۰۱: The Auditor


۱. There shall be an Auditor whose office shall be a public of-­fice.

۲. The accounts of the Senate, the House of Assembly, all gov­ernment departments and offices (including the Public Service Commis­sion) and all courts of Bermuda shall be audited and reported on annu­ally by the Auditor, and for that purpose the Auditor or any person au­thorised by him in that behalf shall have access to all books, records, returns and other documents relating to such accounts.

۳. The Auditor shall submit his reports made under subsec­tion (۲) of this section to the Speaker of the House of Assembly who shall cause them to be laid before the House; and the Auditor shall also send a copy of each report to the Governor and to the President of the Senate and the President shall cause the copy sent to him to be laid before the Senate.

۴. In the exercise of his functions under the provisions of this section, the Auditor shall not be subject to the direction or control of any other person or authority.



CHAPTER VIII

MISCELLANEOUS


Section ۱۰۲: Interpretation


۱. In this Constitution, unless it is otherwise provided or re­quired by the context—

"election" means an election of a member or members of the House of Assembly;

"financial year" means the period of twelve months beginning on the first day of January in any year or such other day as the Legislature may prescribe;

"the Gazette" means such publication as may for the time being be appointed by the Governor to be the publication in which Government notices are published by authority and includes any supplement thereto in which Government notices are published;

"the Government" means the Government of Bermuda;

"the Governor" means the Governor and Commander-in-Chief of Bermuda;

"high judicial office" means the office of 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;

"House" means the Senate or the House of Assembly, as the context may require;

"law" includes any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly;

"the Legislature" means the Legislature established by this Con­stitution;

"the Police Force" means the Bermuda Police Force established in accordance with the provisions of the Police Act ۱۹۵۱ of Bermuda or any law amending or replacing that Act [Police Act ۱۹۷۴ title ۱۰ item ۲۱];

"public office" means, subject to the provisions of section ۱۰۳ of this Constitution, an office of emolument in the public ser­vice;

"public officer" means the holder of any public office, and in­cludes a person appointed to act in any public office;

"the Public Seal" means the Public Seal of Bermuda;

"the public service" means the service of the Crown in a civil ca­pacity in respect of the government of Bermuda;

"session" means, in relation to a House, the sittings of that House commencing when it first meets after any general election or prorogation of the Legislature and terminating when the Legislature is prorogued or is dissolved without having been prorogued;

"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.

۲. In this Constitution, unless it is otherwise provided or re­quired by the context—

a. a reference to the holder of an office by the term desig­nating his office shall be construed as including a refer­ence to any person acting in that office or, to the extent of his authority, otherwise performing the functions of that office;

b. references to the functions of the Governor shall be con­strued as references to his powers and duties in exercise of the executive authority of Bermuda and to any other powers or duties conferred or imposed on him as Gover­nor by or under this Constitution or any other law.

۳. For the purposes of this Constitution, a person shall be deemed to possess Bermudian status—

a. in the case of a person who possesses that status on the date on which this Constitution comes into operation under the law then in force in Bermuda, if he has not lost that status under that law or any later law amend­ing or replacing that law that is not less favourable to him; and

b. in the case of a person who acquires that status at any date after this Constitution comes into operation, if he has not lost that status under the law in force at the date he acquired it or any later law amending or replac­ing that law that is not less favourable to him.

۴. The Interpretation Act ۱۸۸۹ shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and other­wise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to Acts of Parliament of the United Kingdom.

[NOTE the Interpretation Act ۱۸۸۹ was re­pealed and replaced by the Interpretation Act ۱۹۷۸ [title ۱ item ۱A]]


Section ۱۰۳: References to public offices


۱. In this Constitution, references to public offices shall not be construed as including—

a. references to the office of President or Vice-President of the Senate or Senator, Speaker, Deputy Speaker or member of the House of Assembly, Premier or other Minister, Parliamentary Secretary or Opposition Leader;

b. except in sections ۶۱, ۹۱ and ۹۳ of this Constitution, references to the office of a judge of the Supreme Court or the Court of Appeal or, subject to any provision made in pursuance of paragraph (c) of section ۳۰(۳) of this Constitution, any member of the Governor"s personal staff;

c. references to the office of a member of the Public Service Commission, a Constituency Boundaries Commission or the Advisory Committee on the Prerogative of Mercy;

d. references to the office of a member of any other board, council, committee or other similar body (whether incor­porated or not) established by or under any law, except in so far as the Legislature may by law otherwise pre­scribe, or of any such body established by directions given under section ۶۱(۲) of this Constitution;

e. except in so far as the Legislature may by law otherwise prescribe, references to the office of any employee of any body corporate established directly by law for public purposes which is not subject under any law to any di­rection or control by the Governor or any Minister in the performance of its functions other than general direc­tions as to the policy to be followed by that body.

۲. For the purposes of this Constitution, a person shall not be considered as holding a public office by reason only that he is in receipt of a pension or other like allowance in respect of service under the Crown.


Section ۱۰۴: Appointments


۱. Where any person has vacated any office (including any seat in either House) established by this Constitution, he may, if qualified, again be appointed or elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.

۲. Where a power is conferred by this Constitution upon any person to make any appointment to any office, a person may be ap­pointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pend­ing relinquishment of that office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office the person last appointed to that office shall be deemed to be the sole holder of the office.

۳. In this Constitution, unless it is otherwise provided or re­quired by the context, any reference to power to make appointments to any public office shall be construed as including reference to power to make appointments on promotion and transfer to that office and the power to appoint a person to act in that office during any period when it is vacant or the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform the functions of that office.

۴. Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder thereof is unable to perform the functions of that of­fice, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.

۵. Notwithstanding any other provision of this Constitution, a person may be appointed to the office of—

a. judge of the Supreme Court;

b. Attorney-General; or

c. Auditor,

for such term as may be specified in the instrument of appointment, and the office of a person so appointed shall become vacant on the day on which the specified term expires.


Section ۱۰۵: Removal from office


۱. 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 and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed.

۲. Any provision of this Constitution 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 an age specified therein.

۳. If any circumstances arise that, under the provisions of this Constitution, require the Governor to remove a judge of the Supreme Court or the Court of Appeal or the Attorney General or the Auditor from office for inability to discharge the functions of his office, the Governor, acting in his discretion, may carry out such removal either by dismissing that officer or by requiring him to retire.

۴. Any power conferred by any law to permit any officer men­tioned in subsection (۳) of this section to retire before the date on which, under the provisions of this Constitution, he is required to vacate his of­fice shall vest in the Governor acting in his discretion.


Section ۱۰۶: Resignations


۱. Save as otherwise provided in sections ۳۱(۱) and ۳۲(۲) of this Constitution, any person who is appointed to or to act in any office established by this Constitution may resign from that office by writing under his hand addressed to the person by whom he was appointed.

۲. The resignation of any person from any such office (including any seat in either House) by writing under his hand addressed in accordance with this Constitution to any other person shall take effect when the writing signifying the resignation is received by that other per­son.


Section ۱۰۷: Saving for jurisdiction of courts


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 the

exercise of any functions under this Constitution shall be construed as

precluding a court from exercising jurisdiction in rela­tion to any question

whether that person or authority has exercised those functions in accordance

with this Constitution.


Section ۱۰۸: Power to amend and revoke instruments, etc.


Where any power is conferred by this Constitution to make any proclamation,

order, rules or regulations 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, rules, regulations or directions.



THE SCHEDULE

TO THE CONSTITUTION OF BERMUDA


[Sections ۱۷, ۴۰, ۶۸, ۷۶ and ۸۰]


Forms of Oaths and Affirmations


۱. Oath of Allegiance


I,........................, do swear that I will be faithful and bear true allegiance to

Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according

to law. So help me God.


۲. Affirmation of Allegiance


I,........................, do solemnly and sincerely affirm and declare that I will be

faithful and bear true allegiance to Her Majesty Queen Eliz­abeth the Second,

Her Heirs and Successors, according to law.


۳. Oath for the due execution of the office of Governor and Com­mander-in-Chief


I,........................., do swear that I will well and truly serve Her Majesty

Queen Elizabeth the Second in the office of Governor and Com­mander-in-Chief.

So help me God.


۴. Affirmation for the due execution of the office of Governor and Commander-in-Chief.


I,........................., do solemnly and sincerely affirm and declare that I will

well and truly serve Her Majesty Queen Elizabeth the Second in the office of

Governor and Commander-in-Chief.


۵. Oath for the due execution of the office of Premier or other Min­ister or Parliamentary Secretary.


I,................................., being appointed Premier/ Minis­ter/Parliamentary

Secretary, do swear that I will to the best of my judg­ment, at all times when

so required, freely give my counsel and advice to the Governor (or any other

person for the time being lawfully performing the functions of that office) for

the good management of the public affairs of Bermuda, and I do further swear

that I will not on any account, at any time whatsoever, disclose the counsel,

advice, opinion or vote of any particular Minister or Parliamentary Secretary,

and that I will not, except with the authority of the Cabinet and to such

extent as may be required for the good management of the affairs of Bermuda,

directly or indirectly reveal the business or proceedings of the Cabinet or the

nature or contents of any documents communicated to me as a Minis­

ter/Parliamentary Secretary or any matter coming to my knowledge in my

capacity as such, and that in all things I will be a true and faithful

Premier/Minister/Parliamentary Secretary. So help me God.


۶. Affirmation for the due execution of the office of Premier or other Minister or Parliamentary Secretary.


I,........................................, being appointed Premier Minis­ter/Parliamentary

Secretary, do solemnly and sincerely affirm and de­clare that I will to the best

of my judgment, at all times when so required, freely give my counsel and

advice to the Governor (or any other person for the time being lawfully

performing the functions of that office) for the good management of the public

affairs of Bermuda, and I do further solemnly and sincerely affirm and declare

that I will not on any account, at any time whatsoever, disclose the counsel,

advice, opinion or vote of any particular Minister or Parliamentary Secretary,

and that I will not, except with the authority of the Cabinet and to such

extent as may be required for the good management of the affairs of Bermuda,

directly or indirectly reveal the business or proceedings of the Cabinet or the

nature or contents of any documents communicated to me as a Minis­

ter/Parliamentary Secretary or any matter coming to my knowledge in my

capacity as such, and that in all things I will be a true and faithful Premier/

Minister/Parliamentary Secretary.


۷. Judicial Oath.


I,................., do swear that I will well and truly serve Her Majesty Queen

Elizabeth the Second, Her Heirs and Successors, in the office of ................

and will do right to all manner of people after the laws and usages of Bermuda

without fear or favour, affection or ill will. So help me God.


۸. Judicial Affirmation.

I,..................., do solemnly and sincerely affirm and declare that I will well

and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and

Successors, in the office of ................ and will do right to all manner of

people after the laws and usages of Bermuda without fear or favour, affection

or ill will



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