آمار بازدید سایت
کاربران آنلاين: ۲
بازديد امروز: ۳۶
بازديد روز قبل: ۴۱۳
بازديد هفته: ۳۰۴۰
بازديد ماه: ۶۷۹۰
بازديد کل: ۶۲۸۱۶۳۱
آي پي: ۱۹۲.۱۶۸.۰.۱۸۷
قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
۳۹۲ بازدید
 
   

Belize ۲





۶۷.


۱. There shall be a Clerk to the National Assembly (who shall be the Clerk of
both Houses) and a Deputy Clerk and such other assistants as may be necessary.


۲. The National Assembly may by law regulate the recruitment and the
conditions of service of persons referred to in subsection (۱).



Powers and Procedure


۶۸.


Subject to the provisions of this Constitution, the National Assembly may
make laws for the peace, order and good government of Belize.



۶۹.


۱. The National Assembly may alter any of the provisions of this Constitution
in the manner specified in the following provisions of this section.


۲. Until after the first general election held after Independence Day a Bill
to alter any of the provisions of this Constitution shall not be regarded as
being passed by the National Assembly unless on its final reading in each House
the Bill is supported by the unanimous vote of all members of that House.


۳. A Bill to alter this section, Schedule ۲ to this Constitution or any of
the provisions of this Constitution specified in that Schedule shall not be
regarded as being passed by the House of Representatives unless on its final
reading in the House the Bill is supported by the votes of not less than
three-quarters of all the members of the House.


۴. A Bill to alter any of the provisions of this Constitution other than
those referred to in subsection (۳) of this section shall not be regarded as
being passed by the House of Representatives unless on its final reading in the
House the Bill is supported by the votes of not less than two-thirds of all the
members of the House.


۵. A Bill to alter any of the provisions of this Constitution referred to in
subsection (۳) of this section shall not be submitted to the Governor- General
for his assent unless there has been an interval of not less than ninety days
between the introduction of the Bill in the House of Representatives and the
beginning of the proceedings in the House on the second reading of the Bill.


۶.


a. A Bill to alter any of the provisions of this Constitution shall not be
submitted to the Governor-General for his assent unless it is accompanied by a
certificate of the Speaker by him that the provisions of subsection (۲), (۳) or
(۴) of this section, as the case may be, have been complied with.


b. The certificate of the Speaker under this subsection shall be conclusive
that the provisions of subsection (۲), (۳) or (۴) of this section, as the case
may be, have been complied with and shall not be enquired into by any court of
law.


۷. In this section and Schedule ۲ to this Constitution, references to any of
the provisions of this Constitution include references to any law that alters
that provision.


۸. In this section references to altering this Constitution or any provision
thereof include references-


a. to revoking it, with or without re-enactment thereof or the making of
different provision in lieu thereof;


b. to modifying it, whether by omitting or amending any of its provision or
inserting additional provisions in it or otherwise; and


c. to suspending its operations for any period or terminating any such
suspension.



۷۰.


۱. Subject to provisions of this Constitution, each house may make, amend or
revoke Standing Orders for the regulation and orderly conduct of its own
proceedings and the dispatch of business, and the passing, entitling and
numbering of Bills and the presentation of the same to the Governor General for
assent.


۲. A Minister shall be permitted to address the House of which he is not a
member but shall have no vote in that House.



۷۱.


۱. Except for the purposes of enabling this section to be complied with, no
member of either House shall sit or vote therein, or be entitled to or receive
any salary or emoluments in respect of his office until he has made and
subscribed before that House the oath of allegiance and office:


Provided that the election of a Speaker and Deputy Speaker of the House of
Representatives and the election of a President and Vice-President of the Senate
may take place before the members of the House of Representatives or of the
Senate, as the case may be, have made and subscribed such oath.


۲. If between the time when a person becomes a member of the House of
Representatives and the time when that House first meets thereafter, a meeting
takes place of any committee of that House of which that person is a member,
that person may, in order to enable him to attend the meeting and take part in
the proceedings of the committee, make and subscribe the oath before the Speaker
or, if the Speaker is absent from Belize or the office of Speaker is vacant,
before the Deputy Speaker; and the making and subscribing of the oath in such
manner shall suffice for all the purposes of this section.


۳. The provisions of subsection (۲) of this section shall apply in relation
to a person who becomes a member of the Senate as they apply in relation to a
person who becomes a member of the House of Representatives but as if references
to the Speaker and the Deputy Speaker were references to the President and the
Vice-President.



۷۲.


۱. The Speaker, or in his absence, the Deputy Speaker, or, if they are both
absent, a member of the House of Representatives (not being a Minister) elected
by the House for that sitting shall preside at each sitting of the House.


۲. The President, or in his absence, the Vice-President, or, if they are both
absent, a Senator (not being a Minister) elected by the Senate for that sitting
shall preside at each sitting of the Senate.


۳. References in this section to circumstances in which the Speaker, Deputy
Speaker, President or Vice-President is absent include references to
circumstances in which the office of Speaker, Deputy Speaker, President or
Vice-President is vacant.



۷۳.


۱. Save as otherwise provided in 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. A Speaker elected from among persons who are members of the House of
Representatives or a President elected from among persons who are Senators or a
member of either House presiding in that House shall have a original but not a
casting vote.


۳. A Speaker elected from among persons who are not members of the House of
Representatives or a President elected from among persons who are not Senators
shall have no vote.


۴. If upon any question before either House the votes of the members are
equally divided the motion shall be lost.



۷۴.


Without prejudice to any provision made by the National Assembly relating to
the powers, privileges and immunities of the Senate or the House of
Representatives and the committees thereof, or the privileges and immunities of
the members and officers of either House and of other persons concerned in the
business of either House or the committees thereof, no civil or criminal
proceedings may be instituted against any member of either House for words
spoken before, or written in a report to, either House or a committee thereof or
by reason of any matter or thing brought by him therein by petition, Bill,
resolution, motion or otherwise.



۷۵.


A House shall not be disqualified for the transaction of business by reason
of any vacancy in the membership thereof (including any vacancy not filled when
the House is first constituted or is reconstituted at any time) and any
proceedings therein shall be valid notwithstanding that some person who was not
entitled so to do sat and voted in the House or otherwise took part in the
proceedings.



۷۶.


۱. If at any sitting of either House any member of the House who is present
draws the attention of the person presiding at the sitting to the absence of a
quorum and, after such interval as may be prescribed in the Standing Orders of
the House, the person 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 House of Representatives shall consist of seven members of
the House;


b. a quorum of the Senate shall consist of three Senators;


c. the person presiding at the sitting of either House shall not be included
in reckoning whether there is a quorum of that House present.



۷۷.


۱. A Bill other than a money Bill may be introduced in either House. A money
Bill shall not be introduced in the Senate.


۲. Except on the recommendation or with the consent of the Cabinet, signified
by a Minister, neither House shall-


a. proceed with any Bill (including any amendment to a Bill) which, in the
opinion of the person presiding, makes provision for any of the following
purposes-


i. for imposing or increasing or reducing or abolishing any tax;


ii. for imposing or increasing any charge on the revenues or other funds of
Belize or for altering any such charge otherwise than by reducing it; or


iii. for compounding or remitting any debt due to Belize;


b. proceed upon any motion (including any amendment to a motion) the effect
of which, in the opinion of the person presiding, would be to make provision for
any of the purposes aforesaid; or receive any petition which, in the opinion of
the person presiding, requests that provision be made for any of the purposes
aforesaid, or


c. receive any petition which, in the opinion of the person presiding,
requests that provision be made for any of the purposes aforesaid.



۷۸.


۱. If a money Bill, having been passed by the House of Representatives and
sent to the Senate at least one month before the end of the session, is not
passed by the Senate without amendment within one month after it is sent to that
House, the Bill shall, unless the House of Representatives otherwise resolves,
be presented to the Governor-General for assent notwithstanding that the Senate
has not consented to the Bill.


۲. There shall be endorsed on every money Bill when it is sent to the Senate
the certificate of the Speaker signed by him that it is a money Bill; and there
shall be endorsed OD any money Bill that is presented to the Governor-General
for assent in pursuance of subsection (۱) of this section the certificate of the
Speaker signed by him that it is a money Bill and that the provisions of that
subsection have been complied with.



۷۹.


۱. If any Bill other than a money Bill is passed by the House of
Representatives in two successive sessions (whether or not the National Bills
other Assembly is dissolved between those sessions) and, having been sent to the
Senate in each of those sessions at least one month before the end of the
session, is rejected by the Senate in each of those sessions, that Bill shall,
on its rejection for the second time by the Senate, unless the House of
Representatives otherwise resolves, be presented to the Governor General for
assent notwithstanding that the Senate has not consented to the Bill:


Provided that the foregoing provisions of this subsection shall not have
effect unless at least six months have elapsed between the date on which the
Bill is passed by the House of Representatives in the first session and the date
on which it is passed by the House in the second session.


۲. For the purposes of this section a Bill that is sent to the Senate from
the House of Representatives in any session shall be deemed to be the same Bill
as a former Bill sent to the Senate in the preceding session if, when it is sent
to the Senate, it is identical with the former Bill or contains only such
amendments as are certified by the Speaker to be necessary owing to the time
that has elapsed since the date of the former Bill or to represent any
amendments which have been made by the Senate in the former Bill in the
preceding session.


۳. The House of Representatives may, if it thinks fit, on the passage through
that House of a Bill that is deemed to be the same Bill as a former Bill sent to
the Senate in the preceding session, suggest any amendments without inserting
the amendments in the Bill, and if agreed to by the Senate the said amendments
shall be treated as amendments made by the Senate and agreed to by the House of
Representatives; but the exercise of this power by the House of Representatives
shall not affect the operation of this section in the event of the rejection of
the Bill in the Senate.


۴. There shall be inserted in any Bill that is presented to the
Governor-General for assent in pursuance of this section any amendments that are
certified by the Speaker to have been made in the Bill by the Senate in the
second session and agreed to by the House of Representatives.


۵. There shall be endorsed on any Bill that is presented to the
Governor-General for assent in pursuance of this section the certificate of the
Speaker signed by him that the provisions of this section have been complied
with.



۸۰.


۱. In sections ۷۷, ۷۸ and ۷۹ of this Constitution, "Money Bill" means a
public Bill which, in the opinion of the Speaker, contains only provisions
dealing with all or any of the following matters, namely, the imposition,
repeal, remission, alteration or regulation of taxation; the imposition, for the
payment of debt or other financial purposes, of charges on public money, or the
variation or repeal of any such charges; the grant of money to the Crown or to
any authority or person, or the variation or revocation of any such grant; the
appropriation, receipt, custody, investment, issue or audit of accounts of
public money, the raising or guarantee of any loan or the repayment thereof, or
the establishment, alteration, administration or abolition of any sinking fund
provided in connection with any such loan; or subordinate matters incidental to
any of the matters aforesaid; and in this subsection the expression "taxation",
"debt", "Public money" and "loan" do not include any taxation imposed, debt
incurred or money provided or loan raised by any local authority or body for
local purposes.


۲. For the purposes of section ۷۹ of this Constitution a Bill shall be deemed
to be rejected by the Senate if-


a. it is not passed by the Senate without amendment; or


b. it is passed by the Senate with any amendment which is not agreed to by
the House of Representatives.


۳. Whenever the office of Speaker is vacant or the Speaker is for any reason
unable to perform any functions conferred on him by section ۷۸ or ۷۹ of this
Constitution or subsection (۱) of this section, that function may be performed
by the Deputy Speaker.


۴. A certificate of the Speaker or the Deputy Speaker under section ۷۸ or ۷۹
of this Constitution shall be conclusive for all purposes and shall not be
questioned in any court of law.


۵. Before giving any certificate under section ۷۸ or ۷۹ of this Constitution
the Speaker or the Deputy Speaker, as the case may be, shall consult the
Attorney-General or, if the Attorney-General is absent from the seat of
Government, such member of the Attorney-General"s staff as the Attorney- General
may designate for that purpose.



۸۱.


۱. The power of the National Assembly to make laws shall be exercised by
Bills passed by the Senate and the House of Representatives (or in the cases
mentioned in sections ۷۸ and ۷۹ of this Constitution by the House of
Representatives) and assented to by the Governor-General.


۲. When a Bill is submitted to the Governor-General for assent in accordance
with the provisions of this Constitution he shall signify that he assents or
that he withholds assent thereto.


۳. When the Governor-General assents to a Bill that has been submitted to him
in accordance with the provisions of this Constitution the Bill shall become law
and the Governor-General shall thereupon cause it to be published in the Gazette
as law.


۴. No law made by the National Assembly shall come into operation until it
has been assented to by the Governor-General but the National Assembly may
postpone the coming into operation of any such law and may make laws with
retrospective effect.


۵. All laws made by the National Assembly shall be styled "Acts".



۸۲.


۱. In every Bill presented to the Governor-General for assent, other than a
Bill presented under section ۷۸ or ۷۹ of this Constitution, the words of
enactment shall be as follows:-


"Be it enacted, by and with the advice and consent of the House of
Representatives and the Senate of Belize and by the authority of the same, as
follows:-"


۲. In every Bill presented to the Governor-General for assent under section
۷۸ or ۷۹ of this Constitution, the words of enactment shall be as follows:- "Be
it enacted, by and with the advice and consent of the House of Representatives
of Belize in accordance with the provisions of section ۷۸ (or section ۷۹, as the
case may be) of the Constitution and by the authority of the same, as follows:-"


۳. Any alteration of the words of enactment of a Bill made in consequence of
the provisions of the preceding subsection shall not be deemed to be an
amendment of the Bill.



۸۳.


۱. There shall be a session of the National Assembly at least once in every
year, and each session shall be held at such place within Belize and shall begin
at such time (not being later than six months from the end of the preceding
session if the National Assembly has been prorogued or four months from the end
of the session if the National Assembly has been dissolved) as the
Governor-General shall appoint by proclamation published in the Gazette.


۲. Subject to the provisions of subsection (۱) of this section, the sittings
of each House shall be held at such time and place as that House may, by its
Standing Orders or otherwise, determine:


Provided that the first sitting of each House after the National Assembly has
at any time been prorogued or dissolved shall begin at the same time.



۸۴.


۱. The Governor-General may at any time prorogue or dissolve the National
Assembly.


۲. Subject to the provisions of subsection (۳) of this section the National
Assembly, unless sooner dissolved, shall continue for five years from the date
of the first sitting of the House of Representatives after any dissolution ant
shall then stand dissolved.


۳. At any time when Belize is at war, the National Assembly may by law extend
the period of five years specified in subsection (۲) of this section for not
more than twelve months at a time:


Provided that the life of the National Assembly shall not be extended under
this subsection for more than two years.


۴. In the exercise of his powers to dissolve the National Assembly, the
Governor-General shall act in accordance with the advice of the Prime Minister:


Provided that-


a. if the Prime Minister advises a dissolution and the Governor-General,
acting in his own deliberate judgment, considers that the government of Belize
can be carried on without a dissolution and that a dissolution would not be in
the interests of Belize, he may, acting in his own deliberate judgment, refuse
to dissolve the National Assembly;


b. if a resolution of no confidence in the Government is passed by the House
of Representatives and the Prime Minister does not within seven days either
resign or advise a dissolution, the Governor-General, acting in his own
deliberate judgment, may dissolve the National Assembly; and


c. if the office of the Prime Minister is vacant and the Governor-General,
acting in his own deliberate judgment, considers that there is no prospect of
his being able within a reasonable time to make an appointment to that office,
the Governor-General shall dissolve the National Assembly.


۵. If, between a dissolution of the National Assembly and the next ensuing
general election of members of the House of Representatives, an emergency arises
of such a nature that, in the opinion of the Prime Minister, it is necessary for
the two houses or either of them to be summoned before that general election can
be held, the Governor-General may, by proclamation published in the Gazette,
summon the two Houses of the preceding National Assembly and that National
Assembly shall thereupon be deemed (except for the purposes of section ۸۵ of
this Constitution) not to have been dissolved but shall be deemed (except as
aforesaid) to be dissolved on the date on which the polls are held in the next
ensuing general election.


۶. During the period between the dissolution of the National Assembly and the
appointment of a Prime Minister after a general election, the government of
Belize shall continue to be administered by the Prime Minister and the other
Ministers and Deputy Ministers of the Government.



۸۵.


I. A general election of members of the House of Representatives shall be
held at such time within three months after every dissolution of the National
Assembly as the Governor-General, acting in accordance with the advice of the
Prime Minister, shall appoint.


۲ As soon as practicable after every general election, the Governor-General
shall proceed under section ۶۱ of this Constitution to the appointment of
Senators.


۳ Where the seat of a member of the House of Representatives or a Senator
falls vacant otherwise than by reason of a dissolution of the National Assembly-


a. if the vacant seat is that of a member of the House, a by election shall
be held; or


b. if the vacant seat is that of a Senator, an appointment shall be made, to
fill the vacancy within three months of the occurrence of the vacancy unless the
National Assembly is sooner dissolved.




۸۶.


۱. Any question whether-


a. any person has been validly elected as a member of the House of
Representatives or validly appointed as a Senator;


b. any member of the House of Representatives or Senator has vacated his seat
or is required, under the provisions of section ۵۹(۳) or section ۶۴(۳) of this
Constitution, to cease to exercise any of his functions as a member of the House
of Representatives or as a Senator; or


c. any person has been validly elected as Speaker of the House of
Representatives or President of the Senate from among persons who are not
members of the House of Representatives or Senators, or, having been so elected,
has vacated the office of Speaker or of President, shall be determined by the
Supreme Court in accordance with the provisions of any law.


۲. Proceedings for the determination of any question referred to in the
preceding subsection shall not be instituted except with the leave of a justice
of the Supreme Court.


۳. No appeal shall lie from the decision of a justice of the Supreme Court
Warranting or refusing leave to institute proceedings in accordance with the
preceding subsection.



۸۷.


Any person who sits or votes in either House knowing or having reasonable
cause for knowing that he is not entitled to do so shall be liable to a penalty
not exceeding one hundred dollars for every day upon which he so sits or votes
in that House, which penalty shall be recoverable by action in the Supreme Court
at the suit of the Attorney-General.



۸۸.


۱. There shall be an Elections and Boundaries Commission which shall consist
of a Chairman and four other members who shall be persons of integrity and high
national standing.


۲. The chairman and two other members of the Elections and Boundaries
Commission shall he appointed by the Governor-General, acting in accordance with
the advice of the Prime Minister given after consultation with the Leader of the
Opposition, and the remaining two members shall he appointed by the
Governor-General acting in accordance with the advice of the Prime Minister
given with the concurrence of the Leader of the Opposition:


Provided that in the process of consultation with the Leader of the
Opposition for the appointment of the Chairman the Prime Minister shall use his
best endeavors to secure the agreement of the Leader of the Opposition.


۳. No person shall be qualified to be appointed as a member of the Commission
if he is a member of the National Assembly or if he holds or is acting in any
public office.


۴. If any member of the Commission dies or resigns, the Governor-General
shall appoint another person in his place in the same manner in which such
member was appointed.


۵. Subject to the provisions of this section, the office of a member of the
Commission shall become vacant-


a. at the expiration of five years from the date of his appointment; or


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


۶. A member of the Commission may be removed from office only for inability
to perform the functions of his office (whether arising from infirmity of mind
or body or from any other cause) or for misbehavior, and shall not be so removed
except in accordance with the provisions of this section.


۷. A member of the Commission shall be removed from office by the
Governor-General if the question of the removal of that member from office has
been referred to the Belize Advisory Council in accordance with the next
following subsection and the Belize Advisory Council has advised the
Governor-General that that member ought to removed from office for inability as
aforesaid or for misbehavior.


۸. If the Prime Minister represents to the Governor-General that the question
of removing a member of the Commission under this section ought to be
investigated, then-


a. the Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section ۵۴ of this
Constitution; and


b. the Belize Advisory Council shall enquire into the matter and report on
the facts thereof to the Governor- General and advise the Governor-General
whether that member of the Commission should be removed under this section.


۹. If the question of removing a member of the Commission from office has
been referred to the Belize Advisory Council under the preceding subsection. the
Governor-General may suspend the member from performing the functions of his
office, and any such suspension may at any time be revoked by the
Governor-General and shall in any case cease to have effect if the Belize
Advisers Council advises the Governor-General that the member should not be
removed from office.


۱۰. If the office of a member of the Commission is vacant or a member is for
any reason unable to perform the functions of his office, the Governor-General
may appoint another person in the same manner in which such member was
appointed, to act as a member of the Commission, and any person so appointed
shall, subject to the provisions of subsections (۶), (۷), (۸) and (۹) of this
section, continue to act until he is notified by the Governor-General that the
circumstances giving rise to the appointment have ceased to exist.


۱۱. A member of the Commission shall not enter upon the duties of his office
unless he has taken and subscribed the oath of allegiance and office.


۱۲. The Commission may regulate its own procedure and, with the approval of
the Governor-General given in accordance with the advice of the Prime Minister,
confer powers or impose duties on any public officer or authority of the
Government for the purpose of the discharge of its functions.


۱۳. The Commission shall be responsible for the direction and supervision of
the registration of voters and the conduct of elections, referenda and all
matters connected therewith.


۱۴. In the exercise of its functions, the Commission shall not be subject to
the direction or control of any other person or authority and shall subject to
the provisions of this Constitution, act in accordance with the Representation
of the People Act or any other law, rule or regulation relating to elections.



۸۹.


۱. For the purposes of the election of members of the House of
Representatives, Belize shall be divided into eighteen electoral divisions, the
names and boundaries of which are set out in Schedule I to the Representation of
the People Ordinance ۱۹۷۸.


۲. Each electoral division shall be represented in the House of
Representatives by one elected member.



۹۰.


۱. The Elections and Boundaries Commission shall, after considering the
distribution of the population throughout Belize, make proposals from time to
time for dividing Belize into electoral divisions in such a way that-


a. each electoral division shall have as nearly as may be an equal number of
persons Eligible to vote;


b. the total number of electoral divisions shall be not less then
twenty-eight.


۲. In fixing the boundaries of electoral divisions the Commission shall have
regard to the transport and other facilities of the division, and to its
physical features.


۳. The proposals of the Commission made pursuant to this section shall be
laid before the National Assembly by the Chairman of the Commission, and the
electoral divisions specified in those proposals shall be the electoral
divisions of Belize for the purposes of any law for the time being in force
relating to the election of members of the House of Representatives when, and
shall not be such electoral divisions until, enacted as law by the National
Assembly.


۴. When the Elections and Boundaries Commission considers it necessary to
increase the number of electoral divisions as specified in subsection (۱), it
shall make proposals to the National Assembly, and the National Assembly may
enact a law to give effect to such proposals, with such amendments and
modifications as may seem appropriate to the National Assembly.



۹۱.


Any red vision of electoral divisions effected in accordance with section ۹۰
of this Constitution shall, in respect of the election of members, of the House
of Representatives, come into operation at the next general election held after
such red vision and not earlier.



۹۲.


At any general election-


a. every citizen of Belize or a citizen of any Commonwealth Country who has
attained the age of eighteen years and who satisfies the requirements of the
Representation of the People Ordinance ۱۹۷۸ shall have the right to vote;


b. no person shall be entitled to more than one vote; and


c. votes shall be cast in a secret ballot.



۹۳.


Subject to the provisions of sections ۸۸ to ۹۲ inclusive of this
Constitution, the provisions of the Representation of the People Ordinance ۱۹۷۸
shall apply to the franchise, registration of voters, the administration of the
electoral system, offences relating to the electoral system, the conduct of
elections, and all matters connected therewith.



PART VII The Judiciary



۹۴.


There shall be for Belize a Supreme Court of Judicature and a Court of
Appeal.



۹۵.


۱. The Supreme Court shall have unlimited original jurisdiction to hear and
determine any civil or criminal proceedings under any law and such jurisdiction
and powers as may be conferred on it by this Constitution or any other law.


۲. The justices of the Supreme Court shall be the Chief Justice and such
number of other justices as may from time to time be prescribed by the National
Assembly:


Provided that the office of a justice shall not be abolished while there is a
substantive holder thereof.


۳. The Supreme Court shall be a superior court of record and, save as
otherwise provided by any law, shall have all the powers of such a court.


۴. The Supreme Court shall sit in such places as the Chief Justice may
appoint.



۹۶.


۱. Subject to the provisions of sections ۳۳(۲), ۳۴(۴), ۵۴(۱۵), ۶۹(۶), ۸۰(۴)
and ۱۲۳(۳) of this Constitution, where any question as to the interpretation of
this Constitution arises in any court of law established for Belize (other than
the Court of Appeal, the Supreme Court or a court martial) and the court is of
opinion that the question involves a substantial question of law, the court
shall refer the question to the Supreme Court.


۲. Where any question is referred to the Supreme Court in pursuance of this
section, the Supreme Court shall give its decision upon the question and the
court in which the question arose shall dispose of the case in accordance with
that decision or, if the decision is the subject of an appeal to the Court of
Appeal or Her Majesty in Council, in accordance with the decision of the Court
of Appeal or, as the case may be, Her Majesty in Council.



۹۷.


۱. The Chief Justice shall be appointed by the Governor General, acting in
accordance with the advice of the Prime Minister given after consultation with
the Leader of the Opposition.


۲. Justices of the Supreme Court other than the Chief Justice shall be
appointed by the Governor-General, acting in accordance with the advice of the
Judicial and Legal Services section of the Public Services Commission and with
the concurrence of the Prime Minister given after consultation with the Leader
of the Opposition.


۳. A person shall not be qualified to be appointed as a justice of the
Supreme Court unless-


a. he is qualified to practice as an attorney-at-law in a court in Belize or
as an advocate in a court in any other part of the Commonwealth having unlimited
jurisdiction either in civil or criminal causes or matters; and


b. he has been qualified for not less than five years so to practice in such
a court.


۴. If the office of Chief Justice is vacant or the Chief Justice is for any
reason including his absence from Belize unable to exercise the functions of his
office, then, until a person has been appointed to and has assumed the functions
of that office or until the person holding that office has resumed those
functions, as the case may be, they shall be exercised by the justice other than
the Chief Justice, or if there be more than one then by such one of the justices
as may for the time being be designated in that behalf by the Governor-General,
acting in the manner prescribed in subsection (۱) of this section.


۵. If the office of any justice other than the Chief Justice is vacant or if
any such justice is appointed to act as Chief Justice or is for any reason
unable to perform the functions of his office or if the Chief Justice advises
the Governor-General that the state of business in the Supreme Court so
requires, the Governor-General, acting in the manner prescribed in subsection
(۲) of this section, may appoint a person who is qualified to be appointed as a
justice of the Supreme Court to act as a justice of that court:


Provided that a person may act as a justice notwithstanding that he has
attained the age of sixty-two years.


۶. Any person appointed under subsection (۵) of this section to act as a
justice shall, subject to the provisions of subsections (۴) and (۶) of section
۹۸ of this Constitution. continue to act for the period of his appointment or,
if no such period is specified, until his appointment is revoked by the
Governor-General:


Provided that, notwithstanding the expiration of the period of his
appointment or the revocation of his appointment, he may thereafter continue to
act as a justice for so long 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.



۹۸.


۱. Subject to the following provisions of this section, a justice of the
Supreme Court shall hold office until he attains the age of sixty-two years:


Provided that-


a. he may at any time resign his office; and


b. the Governor General-


i. in the case of the Chief Justice, acting in accordance with the advice of
the Prime Minister given after consultation with the Leader of the Opposition;
and


ii. in the case of a Justice of the Supreme Court other than the Chief
Justice, acting in accordance with the advice of the Judicial and Legal Services
Section of the Public Services Commission ant with the concurrence of the Prime
Minister given after consultation with the Leader of the Opposition, may permit
a Justice who attains the age of sixty-two years to continue in office until he
has attained any later age not exceeding seventy years.


۲. Notwithstanding that he has attained the age at which he is required by or
under this section to vacate his office, a person holding the office of a
justice of the Supreme Court may continue in office for so long after attaining
that age 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 before he
attained that age.


۳. A justice of the Supreme Court may be removed from office only for
inability to perform the functions of his office (whether arising from infirmity
of body or mind or from any other cause) or for misbehavior, and shall not be so
removed except in accordance with the provisions of this section.


۴. A justice of the Supreme Court shall be removed from office by the
Governor-General if the question of the removal of that justice from office has
been referred to the Belize Advisory Council in accordance with the next
following subsection and the Belize Advisory Council has advised the Governor
General that that justice ought to be removed from office for inability as
aforesaid or for misbehavior.


۵. If the Governor General considers that the question of removing a justice
of the Supreme Court from office for inability as aforesaid or for misbehavior
ought to be investigated, then-


a. the Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section ۵۴ of this
Constitution; and


b. the Belize Advisory Council shall enquire into the matter and report on
the facts thereof to the Governor-General and advise the Governor-General
whether that justice should be removed under this section.


۶. If the question of removing a justice of the Supreme Court from office has
been referred to the Belize Advisory Council under the preceding subsection, the
Governor-General may suspend the justice from performing the functions of his
office, and any such suspension may at any time be revoked by the
Governor-General and shall in any case cease to have effect if the Belize
Advisory Council advises the Governor-General that the justice should not be
removed from office.


۷. Except as otherwise provided in this section, the functions of the
Governor-General under this section shall be exercised by him in his own
deliberate judgment.



۹۹.


A justice of the Supreme Court shall not enter upon the duties of his office
unless he has taken and subscribed the oath of allegiance and office.



۱۰۰.


۱. The Court of Appeal shall have such jurisdiction and powers to hear and
determine appeals in civil and criminal matters as may be conferred on it by
this Constitution or any other law.


۲. The Judges of the Court of Appeal (hereinafter referred to as "Justices of
Appeal") shall be a President and such number of other Justices as may be
prescribed by the National Assembly:


Provided that the office of Justice of Appeal shall not be abolished while
there is a substantive holder of that office.


۳. The Court of Appeal shall be a superior court of record and, save as
otherwise provided by any law, shall have all the powers of such a court.


۴. The Court of Appeal shall sit in such places as the President may appoint.



۱۰۱.


۱. The Justices of Appeal shall be appointed by the Governor- General, acting
in accordance with the advice of the Prime Minister given after consultation
with the Leader of the Opposition, for such period as may be specified in the
instrument of appointment.


۲. A person shall not be qualified to be appointed as a Justice of Appeal
unless either-


a. he holds or has heft office as 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; or


b. he is qualified to practice as an attorney-at-law in a court in Belize or
as an advocate in a court in any other part of the Commonwealth having unlimited
jurisdiction in either civil or criminal causes or matters and has been so
qualified for Dot less than fifteen years.


۳. Any power exercisable by a single Justice of Appeal may, at any time when
there is no such Justice present in Belize and able to perform the functions of
his office, be exercised by a justice of the Supreme Court as if that justice
were a Justice of Appeal.


۴. If the office of the President is vacant or he is for any reason unable to
perform the functions of his office, then until some other person has been
appointed to or has been appointed to act in, and has assumed the functions of,
that office, or until the President has resumed those functions, as the case may
be, those functions shall be performed by such one of the other Justices of
Appeal as the Governor-General, acting in accordance with the advice of the
Prime Minister given after consultation with the Leader of the Opposition, may
appoint for that purpose.


۵. If the office of a Justice of Appeal other than the President is vacant,
or if any such Justice is appointed to act as the President, or is for any
season unable to perform the functions of his office, the Governor General,
acting in accordance with the advice of the Prime Minister given after
consultation with the Leader of the Opposition, may appoint a person possessing
such legal qualifications and experience as he, after consultation with the
President, may deem appropriate to be temporarily a Justice of Appeal.


۶. Any person appointed under subsection (۵) of this section to he
temporarily a Justice of Appeal shall hold office until his appointment is
revoked by the Governor-General.



۱۰۲.


۱. Subject to the following provisions of this section, the office of a
Justice of Appeal shall become vacant upon the expiration of the period of his
appointment to that office or if he resigns his office.


۲. A Justice 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 misbehavior, ant shall not be so removes except
in accordance with the provisions of this section.


۳. A Justice of Appeal shall be removed from office by the Governor-General
if the question of the removal of that Justice from office has been referred to
the Belize Advisory Council in accordance with the next following subsection and
the Belize Advisory Council has advises the Governor-General that that Justice
ought to be removed from office for inability as aforesaid or for misbehavior.


۴. If the Governor-General considers that the question of removing a Justice
of Appeal from office for inability as aforesaid or for misbehavior ought to be
investigated, then-


a. the Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in section ۵۴ of this
Constitution; and


b. The Belize Advisory Council shall enquire into the matter and report on
the facts thereof to the Governor-General and advise the Governor-General
whether that Justice should be removed under this section.


۵. If the question of removing a Justice of Appeal from office has been
referred to the Belize Advisory Council under the preceding subsection, the
Governor-General may suspend the Justice from performing the functions of his
office, and any such suspension may at any time be revoked by toe
Governor-General and shall in any case ease to have effect if the Belize
Advisory Council advises the Governor-General that the Justice should not be
removed from office.


۶. Except as provided in subsection (۳) of this section, the functions of the
Governor-General under this section shall be exercised by him in his own
deliberate judgment.



۱۰۳.


A Justice of Appeal shall not enter upon the duties of his office unless he
has taken and subscribed the oath of allegiance and office.



۱۰۴.


۱. An appeal shall lie from decisions of the Court of Appeal to Her Majesty
in Council as of right in the following cases-


a. final decisions in any civil, criminal, or other proceedings which involve
a question as to the interpretation of this Constitution; and


b. such other eases as may be prescribed by the National Assembly.


۲. An appeal shall lie from decisions of the Court of Appeal to Her Majesty
in Council with the leave of the Court of Appeal in the following cases-


a. decisions in any civil proceedings where in the opinion of the Court of
Appeal the question involved in the appeal is one which by reason of its general
or public importance or otherwise ought to be submitted to Her Majesty in
Council; and


b. such other cases as may be prescribed by the National Assembly.


۳. An appeal shall lie to Her Majesty in Council with the special leave of
Her Majesty from any decision of the Court of Appeal in any civil, criminal or
other matter.



PART VIII The Public Service



۱۰۵.


۱. There shall be for Belize a Public Services Commission which shall consist
of a Chairman and eighteen other members who shall include as ex officio members
the Chief Justice, the Solicitor General, the Permanent Secretary,
Establishment, the Permanent Secretary to the Ministry of Home Affairs, the
Permanent Secretary to the Ministry of Defense, the Permanent Secretary to the
Ministry for the time being responsible for the Prison Service, the
Superintendent of Prisons, the Commissioner of Police, the Director, Security
and Intelligence Service and the Commandant of the Belize Defense Force.


۲. The Chairman and other members of the Commission, other than the ex
officio members, shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister given after consultation with
the Leader of the Opposition.


۳. No person shall be qualified to be appointed as a member of the Commission
if he is a member of the National Assembly or, save in respect of the ex officio
members, if he holds or is acting in any public office.


۴. Save in respect of the ex officio members, a person shall not, while he
holds or is acting in the office of a member of the Commission or within a
period of two years commencing from the date on which he last held or acted in
that office, be eligible for appointment to any public of lice.


۵. Subject to the provisions of this section, the office of a member of the
Commission shall become vacant-


a. at the expiration of three years from the date of his appointment or such
earlier time, being not less than two years, as may be specified in the
instrument by which he was appointed; or


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


۶. A member of the Commission may be removed from office only for inability
to perform the functions of his office (whether arising from infirmity of mind
or body or from any other cause) or for misbehavior, and shall not be so removed
except in accordance with the provisions of this section.


۷. A member of the Commission shall be removed from office by the
Governor-General if the question of the removal of that member from office has
been referred to the Belize Advisory Council in accordance with the next
following subsection and the Belize Advisory Council has advised the
Governor-General that that member ought to be removed from office for inability
as aforesaid or for misbehavior.


۸. If the Prime Minister represents to the Governor-General that the question
of removing a member of the Commission under this section ought to be
investigated, then-


a. the Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section ۵۴ of this
Constitution; and


b. the Belize Advisory Council shall enquire into the matter and report on
the facts thereof to the Governor-General and advise the Governor-General
whether that member of the Commission should be removed under this section.


۹. If the question of removing a member of the Commission from office has
been referred to the Belize Advisory Council under the preceding subsection, the
Governor-General may suspend the member from performing the functions of his
office, and any such suspension may at any time be revoked by the
Governor-General and shall in any case cease to have effect if the Belize
Advisory Council advises the Governor-General that the member should not be
removed from office.


۱۰. If the office of a member of the Commission is vacant or a member is for
any reason unable to perform the functions of his office, the Governor-General
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 subsections (۶), (a), (۸) and (۹) of this
section, continue to act until he is notified by the Governor-General that the
circumstances giving rise to the appointment have ceased to exist.


۱۱. In the exercise of its functions the Commission shall be so organized
that of the eighteen members other than the Chairman-


a. five, of whom the Permanent Secretary, Establishment shall be ex-officio
member, shall be responsible for matters relating to the public service other
than the judicial and legal services, the Police Force, the Security and
Intelligence Service, the National Fire Service, the Prison Service and the
military Service;


b. two, being ex officio the Chief Justice and the Solicitor General, shall
be responsible for matters rebating to the judicial and legal services;


c. four, of whom the Permanent Secretary to the Ministry of Defence and the
Commandant of the Belize Defence Force shall be car officio members, shall be
responsible for matters relating to the military service; and


d. three, of whom the Permanent Secretary to the Ministry of Home Affairs and
the Commissioner of Police shall be ax officio members, shall be responsible for
matters relating to the Police Force and the National Fire Service; and


e. three, of whom the Permanent Secretary to the Ministry of Home Affairs and
the Director, Security and Intelligence Service shall be ax officio members,
shall be responsible for matters relating to the Security and Intelligence
Service;


f. two, being ex-officio the Permanent Secretary to the Ministry for the time
being responsible for the Prison Service and the Superintendent of Prisons,
shall be responsible for matters relating to the Prison Service; and in
considering the matters referred to, the Commission shall comprise the members
responsible for that matter and the Chairman.


۱۲. A member of the Commission shall not enter upon the duties of his office
unless he has taken and subscribed the oath of allegiance and office.


۱۳. The Commission shall, in the exercise of its functions under this
Constitution, not be subject to the direction or control of any other person or
authority.


۱۴. The Commission may by regulation make provision for regulating and
facilitating the performance of its functions under this Constitution.


۱۵. Subject to the provisions of this section, the Commission may regulate
its own procedure.


۱۶. Any decision of the Commission shall require the concurrence of a
majority of all the members thereof and, subject to its rules of procedure, the
Commission may act notwithstanding the absence of any member other than the
Chairman:


Provided that, in the exercise of its responsibilities for any matter
referred to in subsection (۱۱) of this section, any decision of the Commission
shall require the concurrence of a majority of those persons comprising the
Commission for the purposes of that matter.


Provided further that in any matter before the Commission or any section
thereof, where the votes are equally divided, the Chairman shall have a casting
vote in addition to his original vote.


۱۷. In subsection (۱۱) of this section-


۱. "Judicial and legal services" means service in the offices of Registrar
General, Deputy Registrar General, Registrar, Deputy Registrar and Assistant
Registrar of the Supreme Court, Registrar and Deputy Registrar of the Court of
Appeal, Chief Magistrate, Magistrate, Legal Draftsman, Law Revision Counsel,
Crown Counsel, Legal Assistant and such other public offices requiring a legal
qualification as the Attorney-General may from time to time, by order published
in the Gazette, prescribe;


"Military service" means service in the Belize Defense Force or in any other
military, naval or air force established for Belize.



۱۰۶.


۱. The power to appoint persons to hold or act in offices in the public
service (including the power to transfer or confirm appointments), and, subject
to the provisions of section ۱۱۱ of this Constitution, the power to exercise
disciplinary control over persons holding or acting in such offices and the
power to remove such persons from office shall vest in the Public Services
Commission constituted for each case as prescribed in section ۱۰۵(۱۱) of this
Constitution.


۲. In subsection (۱) of this section, "public service" includes the military
service, as defined in section ۱۰۵(۱۷) of this Constitution.


۳. Subject to the provisions of this Constitution, the Governor-General,
acting in accordance with the advice of the Minister or Ministers responsible
for the public service given after consultation with the recognized
representatives of the employees or other persons or groups within the public
service as may be considered appropriate, may make regulations on any matter
relating to-


a. the formulation of schemes for recruitment to the public service;


b. the determination of a code of conduct for public officers;


c. the fixing of salaries and privileges;


d. the principles governing the promotion and transfer of public officers;


e. measures to ensure discipline, and to govern the dismissal and retirement
of public officers, including the procedures to be followed;


f. the procedure for delegation of authority by and to public officers; and


g. generally for the management and control of the public service.


۴. The Public Services Commission shall, in the exercise of its functions
under this section, be governed by regulations made under subsection (۳) of this
section.


۵. The Public Services Commission may, by directions in writing and subject
to such conditions as it thinks fit, delegate any of its powers under subsection
(۱) of this section to any one or more members of the Commission or, with the
consent of the Prime Minister, to any public officer.


۶. The provisions of subsection (۱) of this section shall not apply in
relation to the following offices, that is to say-


a. any office to which section ۱۰۷ of this Constitution applies;


b. the offices of justice of the Supreme Count and Justice of Appeal;


c. the office of Auditor-General;


d. the office of Director of Public Prosecutions; or


e. any office to which section ۱۱۰ or Section ۱۱۰A or Section ۱۱۰B of this
Constitution applies.


۷. No person shall be appointed under this section to or to act in any office
on the Governor-General"s personal staff except with the concurrence of the
Governor-General, acting in his own deliberate judgment.


۸. A public officer shall not be removed from office or subjected to any
other punishment under this section on the grounds of any act done or omitted by
him in the exercise of a judicial function conferred on him unless the Judicial
and Legal Services section of the Public Services Commission concurs therein.



۱۰۷.


۱. This section applies to the offices of Financial Secretary, Deputy
Financial Secretary, Secretary to the Cabinet, Solicitor General, Permanent
Secretary, head of a department of Government, Commissioner of Police, Director,
Security and Intelligence Service, Commandant, Belize Defense Force, Ambassador,
High Commissioner or principal representative of Belize in any other country or
accredited to any international organization and, subject to the provisions of
this Constitution, any other office designated by the Governor-General, acting
in accordance with the advice of the Prime Minister given after consultation
with the Public Services Commission.


۲. The power to appoint persons to hold or to act in offices to which this
section applies (including the power to transfer or to confirm appointments)
and, subject to the provisions of Section ۱۱۱ of this Constitution, the power to
exercise disciplinary control over persons holding or acting in such offices and
the power to remove such parsons from office shall vest in the Governor-General,
acting in accordance with the advice of the Prime Minister.


۳. References in this section to a department of Government shall not include
the office of the Governor-General, the department of the Director of Public
Prosecutions or the department of the Auditor General.



۱۰۸.


۱. The Director of Public Prosecutions shall be appointed by the
Governor-General, acting in accordance with the advice of the Judicial and Legal
Services Section of the Public Services Commission and with the concurrence of
the Prime Minister given after consultation with the Leader of the Opposition.


۲. A person shall not be qualified for appointment to hold or act in the
office of Director of Public Prosecutions unless he is qualified to be appointed
as a justice of the Supreme Court.


۳. If the office of Director of Public Prosecutions is vacant or if the
holder of that office is for any reason unable to exercise the functions of his
office, the Governor-General, acting in accordance with the advice of the Public
Services Commission and with the concurrence of the Prime Minister given after
consultation with the Leader of the Opposition, may appoint a person to act as
Director.


۴. A person appointed to act in the office of Director of Public Prosecutions
shall, subject to the provisions of subsections (۵), (۷), (۸) and (۹) of this
section, cease so to act-


a. when a person is appointed to hold that office and has resumed the
functions thereof or, as the case may be, when the person in whose pace he is
acting resumes the functions of that office; or


b. at such earlier time as may be prescribed by the terms of his appointment.


۵. Subject to the provisions of subsection (۶) of this section, the Director
of Public Prosecutions shall vacate his office when he attains the age of sixty
years or such other age as may be prescribed by the National Assembly:


Provided that any law enacted by the National Assembly, to the extent to
which it alters the prescribed age after a person has been appointed to be or to
act as Director of Public Prosecutions, shall not have effect in relation to
that person unless he consents that it should have effect.


۶. The Director of Public Prosecutions may be removed from office only for
inability to perform the functions of his office (whether arising from infirmity
of nuns or body or from any other cause) or for misbehavior, and shall not be so
removed except in accordance with the provisions of this section.


۷. The Director of Public Prosecutions shall be removed from office by the
Governor-General if the question of his removal from office has been referred to
the Belize Advisory Council in accordance with the next following subsection and
the Belize Advisory Council has advised the Governor-General that he ought to be
removed from office for inability as aforesaid or for misbehavior.


۸. If the Prime Minister represents to the Governor-General that the question
of removing the Director of Public Prosecutions under this section ought to be
investigated, then-


a. the Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section ۵۴ of this
Constitution; and


b. the Belize Advisory Council shall enquire into the matter and report on
the facts Hereof to the Governor-General and advise the Governor-General whether
he should be removed under this section


۹. If the question of removing the Director of Public Prosecutions from
office has been referred to the Belize Advisory Council under the preceding
subsection, the Governor-General may suspend him from performing the functions
of his office, ant any such suspension may at any time be revokes by the
Governor-General and shall in any case cease to have effect if the Belize
Advisory Council advises the Governor-General that be should not be removed from
office.




۱۰۹.


۱. The Auditor-General shall be appointed by the Governor- General, acting in
accordance with the advice of the Public Services Commission and with the
concurrence of the Prime Minister given after consultation with the Leader of
the Opposition.


۲. If the office of Auditor-General is vacant or if the holder of that office
is for any reason unable to exercise the functions of his office, the Governor-
General, acting in accordance with the advice of the Public Services Commission
and with the concurrence of the Prime Minister given after consultation with the
Leader of the Opposition, may appoint a person to act as Auditor-General.


۳. A person appointed to act in the office of Auditor-General shall, subject
to the provisions of subsections (۴), (۶), (۷) and (۸) of this section, cease so
to act-


a. after a person is appointed to hold that office and has assumed the
functions thereof or, as the case may be, when the person in whose place he is
acting resumes the functions of that office; or


b. at such earlier time as may be prescribed by the terms of his appointment.


۴. Subject to the provisions of subsection (۵) of this section, the Auditor-
General shall vacate his office when he attains the age of sixty years or such
other age as may be prescribed by the National Assembly:


Provided that any law enacted by the National Assembly, to the extent to
which it alters the prescribed age after a person has been appointed to be or to
act as Auditor-General, shall not have effect in relation to that person unless
he consents that it should have effect.


۵. The Auditor-General may be removed from office only for inability to
perform the functions of his office (whether arising from infirmity of mind or
body or from any other cause) or for misbehavior, and shall not be so removed
except in accordance with the provisions of this section.


۶. The Auditor-General shall be removed from office by the Governor-General
if the question of his removal from office has been referred to the Belize
Advisory Council in accordance with the next following subsection and the Belize
Advisory Council has advised the Governor-General that he ought to be removed
from office for inability as aforesaid or for misbehavior.


۷. If the Prime Minister represents to the Governor-General that the question
of removing the Auditor-General under this section ought to be investigated,
then-


a. the Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section ۵۴ of this
Constitution; and


b. the Belize Advisory Council shall enquire into the matter and report on
the facts thereof to the Governor-General and advise the Governor-General
whether he should be removed under this section.


۸. If the question of removing the Auditor-General from office has been
referred to the Belize Advisory Council under the preceding subsection, the
Governor-General may suspend him from performing the functions of his office,
and any such suspension may at any time be revoked by the Governor-General and
shall in any case cease to have effect if the Belize Advisory Council advises
the Governor-General that he should not be removed from office.



۱۱۰.


۱. Power to appoint persons to hold or act in any office in the Police Force
(including power to confirm appointments) below the rank of Inspector and to
exercise disciplinary control over persons holding or acting in such offices and
to remove such persons from office sha۱۱ vest in the Commissioner of Police.


۲. The Commissioner of Police may, subject to such conditions he thinks fit,
delegate any of his powers under this section, by directions in writing, to any
other officer of the Police Force.



۱۱۰A.


l. The power to appoint persons to hold or act in any office in the Security
and Intelligence Service (including power to confirm appointments) to the rank
of Grade III of that Service or below and to exercise disciplinary control over
persons holding or acting in such offices and to remove such persons from office
sha۱۱ vest in the Director of the Service subject to the approval of the
Minister for the time being responsible for the Service.


۲. The Director, Security and Intelligence Service may, subject to such
conditions as he thinks fit, delegate any of his powers under this section, by
directions in writing, to any senior officer of the Service.



۱۱۰B.


۱. The power to appoint persons to hold or act in any office in the Prison
Service (including power to confirm appointments) below the rank of Principal
Officer, ant to exercise disciplinary control over persons holding or acting in
such offices and to remove such persons from office, shall vest in the
Superintendent of Prisons.


۲. The Superintendent of Prisons may, subject to such conditions as he thinks
fit, delegate any of his powers under this section, by directions in writing, to
any other senior officer of the Prison Service.



۱۱۱.


۱. This section applies to-


a. any decision of the Governor-General, acting in accordance with the advice
of the Prime Minister or the Public Services Commission as the case may be, in
relation to the public service, or any decision of the Public Services
Commission to remove a public officer from office or to exercise disciplinary
control over a public officer (including a decision made on appeal from or
confirming a decision of any person to whom powers are delegated under auction
۱۰۶(۵) of this Constitution);


b. any decision of any person to whom powers are delegated under section
۱۰۶(۵) of this Constitution to remove a public officer from office or to
exercise disciplinary control over a public officer (not being a decision which
is subject to appeal to or confirmation by the Public Services Commission); and


c. if it is so provided by the National Assembly, any decision of the
Commissioner of Police under subsection (۱) of section ۱۱۰ of this Constitution,
or of a person to whom powers are delegated under subsection (۲) of that
section, to remove a police officer from office or to exercise disciplinary
control over a police officer.


d. if it is so provided by the National Assembly, any decision of the
Superintendent of Prisons under sub- section (۱) of Section ll۰B of this
Constitution, or of a person to whom powers are delegated under subsection (۲)
of that section, to remove an officer in the Prison Service from office or to
exercise disciplinary control over such officer.


۲. Subject to the provisions of this section, an appeal shall lie to the
Belize Advisory Council from any decision to which this section applies at the
instance of the public officer in respect of whom the decision is made:


Provided that in the case of any such decision as is referred to in
subsection (l)(c) of this section, an appeal shall lie in the first instance to
the Commissioner of Police if it is so provided by the National Assembly or, if
it is not so provided, if the Commissioner so requires.


۳. Upon an appeal under this section the Belize Advisory Council may affirm
or set aside the decision appealed against or may make any other decision which
the authority or person from whom the appeal lies court have made.


۴. Subject to the provisions of section ۵۴ of this Constitution, the Belize
Advisory Council may by regulation make provision for-


a. the procedure in appeals under this section; or


b. excepting from the provisions of subsection (۲) of this section decisions
in respect of public officers holding offices whose emoluments do not exceed
such sum as may be prescribed by the regulations or such decisions to exercise
disciplinary control, other than decisions to remove from office, as may be
prescribed.


۵. Regulations made under this section may, with the consent of the Prime
Minister, confer powers or impose duties on any public officer or any authority
of the Government for the purpose of the exercise of the functions of the Belize
Advisory Council.


۶. In this section, "public officers" includes any person holding or acting
in an office in the military service as defined in section ۱۰۵(۱۷) of this
Constitution.



۱۱۲.


۱. The law to be applied with respect to any pensions benefits that were
granted to any person before Independence Day shall be the law that was in force
at the date on which those benefits were granted or any law in force at a later
date that is not less favorable to that person.


۲. The law to be applied with respect to any pensions benefits (not being
benefits to which subsection (۱) of this section applies) shall-


a. in so far as those benefits are wholly in respect of a period of service
as a public officer that commenced before Independence Day, be the law that was
in force immediately before that date; and


b. in so far as those benefits are wholly or partly in respect of a period of
service as a public officer that commenced after Independence Day, be the law in
force on the date on which that period of service commenced, or any law in force
at a later date not less favorable to that person.


۳. Where a person is entitled to exercise an option as to which of two or
more laws shall apply in his caste, the law for which he opts shall, for the
purposes of this section, be deemed to be more favorable to him than the other
law or laws.


۴. All pensions benefits shall (except to the extent to which, in the case of
benefits under the Widows" and Orphans" Pensions Ordinance or under any law
amending or replacing that Ordinance, they are a charge on a fund established by
that Ordinance or by any such law and have been duly paid out of that fund to
the person or authority to whom payment is due) be s charge on the general
revenues of Belize.


۵. In this section, "pensions benefits" means any pensions, compensation,
gratuities or other like allowances for persons in respect of their service as
public officers or for the widows, children, dependents or personal
representatives of such persons in respect of such service.


۶. References in this section to the law with respect to pensions benefits
include (without prejudice to their generality) references to the law regulating
the circumstances in which such benefits may be wanted or in which the grant of
such benefits may be refused, the law regulating the circumstances in which any
such benefits that have bees granted may be withheld, reduced in amount or
suspended and the law regulating the amount of any such benefits.



۱۱۳.


۱. The power to grant any award under any pensions law for the time being in
force in Belize (other than an award to which, under that law, the person to
whom it is payable is enticed as of right) and, in accordance with any
provisions in that behalf contained in say such law, to withhold, reduce in
amount or suspend say award payable under any such law, shall vest in the
Governor General.


۲. The power vested in the Governor General by the preceding subsection shall
be exercised by him-


a. in the case of officers to whom Section ۱۰۷ of this Constitution applies,
acting in accordance with the advice of the Prime Minister,


b. in the case of all other officers, acting in accordance with the advice of
the Public Services Commission.


۳. In this section, "pensions law" means any law relating to the grant to any
person, or to the widow, children, dependents or personal representatives of
that person, of an award in respect of the services of that person in a public
office, and includes any instrument made under any such law.



PART IX Finance



۱۱۴


۱. All revenues or other moneys raised or received by Belize (not being
revenues or other moneys payable under this Constitution or any other law into
some other public fund established for a specific purpose) shall be paid into
and form one Consolidated Revenue Fund.


۲. No moneys shall be withdrawn from the Consolidated Revenue Fund except to
meet expenditure that is charged upon the Fund by this Constitution or any other
law enacted by the National Assembly or where the issue of those moneys has been
authorized by an appropriation law or by a law made in pursuance of section ۱۱۶
of this Constitution.


۳. No moneys shall be withdrawn from any public fund other than the
Consolidated Revenue Fund unless the issue of those moneys has been authorized
by a law enacted by the National Assembly.


۴. No moneys shall be withdrawn from the Consolidated Revenue Fund or any
other public fund except in the manner prescribed by law.



۱۱۵.


۱. The Minister responsible for finance shall prepare and lay before the
House of Representatives in each financial year estimates of the revenues and
expenditures of Belize for the next following financial year.


۲. The heads of expenditure contained in the estimates (other than
expenditure charged upon the Consolidated Revenue Fund by this Constitution or
any other law) shall be included in a Bill, to be known as an Appropriation
Bill, providing for the issue from the Consolidated Revenue Fund of the sums
necessary to meet that expenditure and the appropriation of those sums for the
purposes specified therein.


۳. If in respect of any financed year it is found-


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


a supplementary estimate showing the sums required or spent shall be laid
before the House of Representatives and the heads of any such expenditure shall
be included in a supplementary Appropriation Bill.




۱۱۶.


Any law enacted by the National Assembly may make provision under which, if
the appropriation law in respect of any financial year has not come into
operation by the beginning of that financial year, the Minister responsible for
finance may authorize the withdrawal of moneys from the Consolidated Revenue
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.



۱۱۷.


۱. Any law enacted by the National Assembly may provide for the establishment
of a Contingencies Fund and for authorizing the Minister responsible for
finance, if satisfied that there has arisen an urgent and unforeseen need for
expenditure for which no other provision exists, to make advances from the Fund
to meet that need.


۲. Where any advance is made in accordance with subsection (۱) of this
section a supplementary estimate shall be presented and a supplementary
Appropriation Bill shall be introduced as soon as possible for the purpose of
replacing the amount so advanced.



۱۱۸.


۱. There shall be paid to the holders of the offices to which this section
applies such salaries and such allowances as may be prescribed by or under a law
enacted by the National Assembly.


۲. The salaries and allowances prescribed in pursuance of this section in
respect of the holders of the offices to which this section applies shall be a
charge on the Consolidated Revenue Fund.


۳. The salary prescribed in pursuance of this section in respect of the
holder of any office to which this section applies 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 he altered to his disadvantage after his appointment.


۴. When a person"s salary or other terms of service depend upon his option,
the salary 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 the Governor-General, the Chief
Justice, Justice of Appeal, justice of the Supreme Court, member of the Belize
Advisory Council, member of the Public Services Commission, member of the
Elections and Boundaries Commission, the Director of Public Prosecutions and the
Auditor General.


۶. Nothing in this section shall be construed as prejudicing the provisions
of section ۱۱۲ of this Constitution.



۱۱۹.


۱. There shall be charged on the Consolidated Revenue Fund all debt charges
for which Belize is liable.


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



۱۲۰.


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


۲. The Auditor-General shall-


a. satisfy himself that all moneys that have been appropriated by the
National Assembly and disbursed have been applied to the purposes to which they
were so appropriated and that the expenditure conforms to the authority that
governs it; and


b. at least once in every year audit and report on the public accounts of
Belize, the accounts of all officers and authorities of the Government, the
accounts of all courts of law in Belize, the accounts of the Belize Advisory
Council and every Commission established by this Constitution and the accounts
of the Clerk to the National Assembly.


۳. The Auditor-General and any officer authorized by him shall have access to
all books, records, returns, reports end other documents which in his opinion
relate to any of the accounts referred to in subsection (۲) of this section.


۴. The Auditor-General shall submit every report made by him in pursuance of
subsection (۲) of this section to the Minister responsible for finance who
shall, not later than seven days after the House of Representatives first meets
after he has received the report, lay it before the House.


۵. If the Minister fails to lay a report before the House in accordance with
the provisions of subsection (۴) of this section the Auditor-General shall
transmit copies of that report to the Speaker who shall, as soon as practicable,
present them to the House.


۶. The Auditor-General shall exercise such other functions in relation to the
accounts of the Government or the accounts of other authorities or bodies
established by law for public purposes as may be prescribed by or under any law
enacted by the National Assembly.


۷. In the exercise of his functions under subsections (۲), (۳), (۴) and (۵)
of this section the Auditor-General shall not be subject to the direction or
control of any other person or authority.



PART X Miscellaneous



۱۲۱.


۱. The persons to whom this section applies shall conduct themselves in such
a way as not-


a. to place themselves in positions in which they have or could have a
conflict of interest:


b. to compromise the fair exercise of their public or official functions and
duties;


c. to use their office for private gun;


d. to demean their office or position;


e. to allow their integrity to be called into question; or


f. to endanger or diminish respect for, or confidence in, the integrity of
the Government.


۲. This section applies to the Governor-General, members of the National
Assembly, members of the Belize Advisory Council, members of the Public Services
Commission, members of the Elections and Boundaries Commission, public officers,
officers of statutory corporations and government agencies, and such other
officers as may be proscribed by law enacted by the National Assembly.



۱۲۲.


The national symbols of Belize shall be those prescribed by the National
Assembly.



۱۲۳.


۱. Any reference in this Constitution to power to make appointments to any
public office shall be construed as including a reference to power to make
appointments on promotion and transfer to that office and to power to appoint a
person to act in that office during any period during which it is vacant or the
holder thereof is unable to perform the functions of that office.


۲. In this Constitution, unless the context otherwise requires, a reference
to the holder of an office by the term designating his office shall be construed
as including a reference to any person who is for the time being lawfully acting
in or performing the functions of that office.


۳. Where by this Constitution any person is directed, or power is conferred
on any person or authority to appoint a person, to act in or otherwise to
perform the functions of 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 of law on the ground that the
holder of the office is not unable to perform the functions of the office.



۱۲۴.


۱. Where any person has vacated any office established by this Constitution,
he may, if qualified, again be appointed or elected to hold that office in
accordance with the provisions of this Constitution.


۲. Whenever the holder of any office constituted by or under this
Constitution, or any public office otherwise constituted, is on leave of absence
pending relinquishment of his office-


a. another person may be appointed to that office; and


b. that person shall, for the purpose of any function of that office, be
deemed to be the sole holder of that office.



۱۲۵.


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:


Provided that nothing in this subsection shall be construed as conferring on
any person or authority power to require any justice of the Supreme Court or
Justice of Appeal, the Director of Public Prosecutions, or the Auditor-General
to retire from the public service.


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.


۱۲۶.


۱. A Senator or a member of the House of Representatives may resign his seat
by writing under his hand addressed to the President or the Speaker, as the case
may be, and the resignation shall take effect, and the seat shall accordingly
become vacant, when the writing is received, as the case may be, by-


a. the President or Speaker;


b. if the office of President or Speaker is vacant or the President or
Speaker is for any reason unable to perform the functions of his office and no
other person is performing them, the Vice-President or Deputy Speaker; or


c. if the office of Vice-President or Deputy Speaker is vacant or the
Vice-President or Deputy Speaker is for any reason unable to perform the
functions of his office and no other person is performing them, the Clerk to the
National Assembly.


۲. The President or the Vice-President or the Speaker or the Deputy Speaker
may resign his office by writing under his hand addressed to the Senate or the
House, as the case may be, and the resignation shall take effect, and the office
shall accordingly become vacant, when the writing is received by the Clerk to
the National Assembly.


۳. Any person who has been appointed to an office established by this
Constitution (other than an office to which subsection (۱) or (۲) of this
section applies) or any office of Minister established under this Constitution
may resign that office by writing under his hand addressed to the person or
authority by whom he was appointed and the resignation shall take effect, and
the office shall accordingly become vacant-


a. At such time or on such date (if any) as may be specified in the writing;
or


b. When the writing is received by the person or authority to whom it is
addressed or by such other person as may be authorized to receive it,


Whichever is the later:


Provided that the resignation may be withdrawn before it takes effect if the
person or authority to whom the resignation is addressed consents to its
withdrawal.



۱۲۷.


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 of law from exercising jurisdiction in relation to any
question whether that person or authority has performed those functions in
accordance with this Constitution or any other law or should not perform those
functions.



۱۲۸.


Where any power is conferred by this Constitution to make any proclamation,
regulation, order or rule or to give any direction or instructions, the power
shall be construed as including the power, ideas exercisable in like manner, to
amend or revoke any such proclamation, regulation, order, rule, direction or
instructions.



۱۲۹.


۱. Where any person or authority is directed by this Constitution to exercise
any function after consultation with any other person or authority, that person
or authority shall not be obliged to exercise that function in accordance with
the advice of that other person or authority.


۲. Where any person or authority is directed by this Constitution or any
other law to consult any other person or authority before taking any decision or
action, that other person or authority must be given a genuine opportunity to
present his or its views before the decision or action, as the once may be, is
taken.



۱۳۰.


There shall be a national seal bearing on it such device as the National
Assembly shall approve by resolution.



۱۳۱.


۱. In this Constitution, unless the context otherwise requires "Belize" means
the land and sea areas defined in Schedule ۱ to this Constitution;


"Commonwealth citizen" has such meaning as the National Assembly may
prescribe;


"Court of Appeal" means the Court of Appeal established by this Constitution;


"Crown" means the Crown in right of Belize;


"financial year" means the twelve months ending on ۳۱st March in any year or
on such other date as may from time to time be prescribed by any law enacted by
the National Assembly;


"the Gazette" means the Belize Government Gazette and includes any supplement
thereto;


"the Government" means the Government of Belize;


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


"the House of Representatives" means the House of Representatives established
by this Constitution;


"Independence Day" means ۲۱st September, ۱۹۸۱;


"law" means any law in force in Belize or any part thereof, including any
instrument having the force of law and any unwritten rule of law, and "lawful"
and "lawfully" shall be construed accordingly;


"Minister" means a Minister of Government;


"the National Assembly" means the National Assembly established by this
Constitution;


"oath" includes affirmation;


"oath of allegiance and office" means the oath prescribed in Schedule ۳ to
this Constitution;


"Police Force" means the Belize Police Force;


"President" and "Vice-President" mean the respective persons holding office
as President and Vice-President of the Senate;


"public office" means any office of emolument in the public service;


"public officer" means a person holding or acting in any public office;


"the public service" means, subject to the provisions of this section, the
service of the Crown in a civil capacity in respect of the Government;


"Senate" means the Senate established by this Constitution;


"session" means, in relation to a House of the National Assembly, the
sittings of that House commencing when it first meets after the prorogation or
dissolution of the National Assembly at any time and terminating when the
National Assembly is prorogued or is dissolved without having been prorogued;


"sitting" means, in relation to a House of the National Assembly, period
during which that House is sitting continuously without adjournment and includes
any period during which the House is in committee;


"Speaker" and "Deputy Speaker" mean the respective persons holding office as
Speaker and Deputy Speaker of the House of Representatives;


"Supreme Court" means the Supreme Court of Judicature established by this
Constitution.


۲. Except in sections ۶۳(۱) and ۷۱ of this Constitution, references in this
Constitution to a member or members of the House of Representatives or to a
Senator or Senators do not include references to a person who, under section
۵۶(۲), is a member of the House by virtue of holding the office of Speaker, or
who, under section ۶۱(۱), is a Senator by virtue of holding the office of
President.


۳. In this Constitution, unless the context otherwise requires, references to
an office in the public service shall be construed as including references to
the offices of justice of the Supreme Court and Justice of Appeal, offices of
members of the Police Force, and offices on the Governor-General"s personal
staff.


۴. In this Constitution, unless the context otherwise requires, references to
an office in the public service shall not be construed as including references
to the office of Prime Minister or other Minister, Minister of State, Speaker or
Deputy Speaker or member of the House of Representatives, President or
Vice-President or Senator, member of the Belize Advisory Council, or member of
any Commission established by this Constitution or the Clerk, Deputy Clerk or
staff of the National Assembly.


۵. For the purposes of this Constitution, a person shall not be regarded as
holding a public office by reason only of the fact that he is in receipt of a
pension or other like allowance in respect of service under the Crown. (۶) Save
as otherwise provided in this Constitution, the Interpretation Ordinance ۱۹۸۰ as
in force immediately before Independence Day shall apply, with the necessary
adaptations, for the purpose of interpreting this Constitution.



PART XI Transitional Provisions



۱۳۲.


In this Part-


"the Constitution Ordinance" means the British Honduras Constitution
Ordinance ۱۹۶۳;


"the Letters Patent" means the Belize Letters Patent ۱۹۶۴ to ۱۹۷۹.



۱۳۳.


The Governor (as defined for the purposes of the Lepers Patent) acting after
consultation with the Premier (as so defined) may at any time after this section
comes into operation exercise any of the powers conferred on the
Governor-General by section ۱۳۴ of this Constitution to such extent as may be
necessary or expedient to enable the Constitution to function as from
Independence Day.



۱۳۴.


۱. Subject to the provisions of this Part, the existing laws shall
notwithstanding the revocation of the Letters Patent and the Constitution
Ordinance continue in force on and after Independence Day and shall then have
effect as if they had been made in pursuance of this Constitution but they shall
be construed with such modifications adaptations qualifications and exceptions
as may be necessary to bring them into conformity with this Constitution.


۲. Where any matter that falls to be prescribed or otherwise provided for
under this Constitution by the National Assembly or by any other authority or
person is prescribed or provided for by or under an existing law (including any
amendment to any such law made under this section) that prescription or
provision shall as from Independence Day have effect (with such modifications
adaptations qualifications and exceptions as may be necessary to bring it into
conformity with this Constitution) as if it had been made under this
Constitution by the National Assembly or as the case may require by the other
authority or person.


۳. The Governor-General may by order published in the Gazette within twelve
months after Independence Day make such amendments to any existing law (other
than this Constitution) as may be necessary or expedient for bringing that law
into conformity with the provisions of this Constitution or otherwise for giving
effect or enabling effect to be given to those provisions.


۴. An order made under this section may be amended or revoked by the National
Assembly or in relation to any existing law affected thereby, by any other
authority having power to amend. repeal or revoke that existing law.


۵. The provisions of this section shall be without prejudice to say powers
conferred by this Constitution or by any other law upon any person or authority
to make provision for any matter, including the amendment or repeal of any
existing law.


۶. In this section, the expression "existing law" means any Act of the
Parliament of the United Kingdom, Order of Her Majesty in Council, Ordinance,
rule, regulation, order or other instrument having effect as part of the law, of
Belize immediately before independence Day (including any such law made before
that day and coming into operation or after that day).



۱۳۵.


۱. Her Majesty may before Independence Day appoint the first Governor-
General from among persons who qualify by virtue of section ۲۳ of this
Constitution to become citizens of Belize on Independence Day.


۲. Any such appointment shall take effect as from Independence Day, and the
person so appointed shall hold office in accordance with section ۳۰ of this
Constitution.



۱۳۶.


۱. The person who, immediately before Independence Day, holds the office of
Premier under the Letters Patent shall, as from that day, hold office as Prime
Minister as if he had been appointed thereto under section ۳۷ of this
Constitution.


۲. The persons who, immediately before Independence Day, hold of flee as
Ministers (other than the Premier) under the Letters Patent shall, as from that
day, hold the lilts offices as if they had been appointed thereto under section
۴۰ of this Constitution.


۳. Any person holding the office of Prime Minister or other Minister by
virtue of subsections (۱) and (۲) of this section who, immediately before
Independence Day, was under the Letters Patent assigned responsibility for any
business or department of government shall, as from that day, be deemed to have
been assigned responsibility for that business or department under section ۴۱ of
this Constitution.


۴. Any person holding the office of Prime Minister or other Minister by
virtue of subsections (۱) and (۲) of this section shall be deemed to have
satisfied the requirements of section ۴۶ of this Constitution.



۱۳۷.


۱. The persons who, immediately before Independence Day, are members of the
former House of Representatives sha۱۱, as from that day, be deemed to have been
dented in pursuance of section ۵۶(۱) of this Constitution in the respective
electoral divisions corresponding to the electoral divisions by which they were
returned to the former House of Representatives, and shall hold their seats in
the House of Representatives in accordance with the provisions of this
Constitution.


۲. The persons who, immediately before Independence Day, are members of the
former Senate, having been appointed as such under paragraphs (a), (b) and (c)
of section ۹(۲) of the Constitution Ordinance, shall, as from Independence Day,
be deemed to have been appointed to the Senate in pursuance of paragraphs (a),
(b) and (c) respectively of section ۶۱(۲) of this Constitution, and shall hold
their seats in the Senate in accordance with the provisions of this
Constitution.


۳. The persons deemed to be elected to the House of Representatives or to be
appointed to the Senate by virtue of subsections (۱) and (۲) of this section
shall be deemed to have satisfied the requirements of section ۷۱ of this
Constitution.


۴. The persons who, immediately before Independence Day, are the Speaker and
Deputy Speaker of the former House of Representatives and the President and
Vice-president of the former Senate shall, as from Independence Day, be deemed
to have been elected respectively as Speaker and Deputy Speaker of the House of
Representatives and President and Vice-President of the Senate in accordance
with the provisions of this Constitution and shall hold office in accordance
with those provisions.


۵. The person who, immediately before Independence Day, is the Leader of the
Opposition in the former House of Representatives shall, as from that day, be
deemed to have been appointed as Leader of the Opposition in pursuance of
section ۴۷ of this Constitution, and shall hold office as such in accordance
with the provisions of this Constitution.


۶. The Standing Orders of the former House of Representatives and of the
former Senate as in force immediately before Independence Day shall, until it is
otherwise provided under section ۷۰ of this Constitution, be the Standing Orders
respectively of the House of Representatives and of the Senate, but they shall
be construed with such modifications, adaptations, qualifications and exceptions
as may be necessary to bring them into conformity with this Constitution.


۷. Notwithstanding anything in section ۸۴(۲) of the Constitution (but subject
to subsection (۳) of that section), the National Assembly shall, unless sooner
dissolved, stand dissolved on ۳۰th November ۱۹۸۴ (that is to say, five years
from the date when the two Houses of the former National Assembly first met
after the last dissolution of that Assembly under the Constitution Ordinance).


۸. In this section, the expressions "former National Assembly", "former House
of Representatives", and "former Senate" mean respectively the National
Assembly, House of Representatives, and Senate established by the Constitution
Ordinance.



۱۳۸.


Subject to the provisions of this Constitution every person who immediately
before Independence Day holds or is acting in a public office under the Letters
Patent or the Constitution Ordinance shall, as from that day, continue to hold
or act in that office or the corresponding office established by this
Constitution as if he had been appointed thereto in accordance with the
provisions of this Constitution and as if he had taken any oath required by this
Constitution or any other law:


Provided that any person who under the Letters Patent, the Constitution
Ordinance or any other law in force immediately before Independence Day would
have been required to vacate his office at the expiration of any period shall,
unless earlier removed in accordance with this Constitution, vacate his office
at the expiration of that period.



۱۳۹.


۱. Subject to the provisions of this Constitution, the Supreme Court shall on
and after Independence Day have all the powers which immediately before that day
are vested in the former Supreme Court.


۲. All proceedings that immediately before Independence Day, are pending
before the former Supreme Court may be continued and concluded on and after that
day before the Supreme Court.


۳. Any decision given before Independence Day by the former Supreme Court
shall for the purposes of its enforcement or of any appeal there from have
effect on and after that day as if it were a decision of the Supreme Court.


۴. Any appeals from Belize that, immediately before Independence Day, are
pending before the former Court of Appeal may be continued and concluded on and
after that day before the Court of Appeal.


۵. Any decision given before Independence Day by the former Court of Appeal
shall for the purposes of its enforcement or of any appeal there from have
effect on and after that day as if it were a decision of the Court of Appeal.


۶. In this section-


"the former Supreme Court" means the Supreme Court established by the
Constitution Ordinance;


"the former Court of Appeal" means the Court of Appeal established by the
Court of Appeal Ordinance ۱۹۶۷.



۱۴۰.


۱. The National Assembly may alter any of the provisions of this Part, other
than those referred to in subsection (۲) of this section, in the manner
specified in section ۶۹(۴) of this Constitution.


۲. The National Assembly may alter this section, subsections (۱), (۴) and (۷)
of section ۱۳۷, section ۱۳۸ and section ۱۳۹ of this Constitution in the manner
specified in subsections (۳) and (۵) of section ۶۹ of this Constitution.


۳. Subsections (۷) and (۸) of section ۶۹ of this Constitution shall apply for
the purpose of construing references in this section to any provision of this
Part and to the alteration of any such provision as they apply for the purpose
of construing references in section ۶۹ of this Constitution and in Schedule ۲
hereto to any provision of this Constitution and to the alteration of any such
provision.



PART XII Repeal And Date Of Commencement



۱۴۱.


This Constitution shall come into operation on Independence Day.


Provided that sections ۱۳۳ and ۱۳۵ of this Constitution shall come into
operation forthwith.



۱۴۲.


The Ordinances set out in Schedule ۴ are revoked with effect from
Independence Day.



Section I



SCHEDULE ۱ TO THE CONSTITUTION Definition of Belize



۱. The territory of Belize comprises the mainland of Belize and all its
associated islands and cays within the area bounded by the frontiers with
Guatemala and Mexico and the outer limit of the territorial sea of Belize
described as follows:-


a. the frontier with Guatemala is the line prescribed by the Treaty between
the United Kingdom and Guatemala signed on ۳۰ April ۱۸۵۹;


b. the frontier with Mexico is the line prescribed by the Treaty between the
United Kingdom and Mexico signed on ۸ July ۱۸۹۳;


c. the outer limit of the territorial sea of Belize is the limit provided by
law measured from such baselines as may have been prescribed before Independence
Day by law or otherwise, or as may be so prescribed thereafter,


and also includes the Turneffe Islands, the Cays of Lighthouse Reef and
Glover Reef, together with all associated islets and reefs, and their adjacent
waters as far as the outer limit of the territorial sea appertaining to them.


۲. The area referred to in paragraph ۱ of this Schedule includes, but is not
limited to, Ambergris Cay, Cay Corker, Cay Chapel, Long Cay, Frenchman"s Cay,
St. George"s Cay, Sergeant"s Cay, Goff"s Cay, English Cay, Rendezvous Cay,
Bluefield Range of Cays, Southern Long Cay, Columbus Cay, Fly Range of Cays,
Tobacco Range of Cays, Southern Water Cay, Carrie Bow Cay, Gladden Cay, Silk
Cays, Pomp ion Cay, Ranguana Range of Cays, Sapodilla Range of Cays, Snake Cays,
all islands and cays associated with the above-mentioned Cays, and all other
cays lying within and along the Barrier Reef.



Section ۶۹



SCHEDULE ۲ TO THE CONSTITUTION Alteration Of Constitution



Provisions of Constitution referred to in section ۶۹(۳)-


i. Part II;


ii. section SS to ۶.۰ (inclusive), ۸۴, ۸S, ۸۸ to ۹۳ ( inclusive);


iii. Part VII;


iv. Actions S۲(۲), S۴, ۱۰۸(۷) and (۸), ۱۰۹(۶) and (۷), and ۱۱۱;


v. sections ۱۰S and ۱۰۶.



Section ۱۳۱(۱)



SCHEDULE ۳ TO THE CONSTITUTION Form Of Oath And Affirmation



Oath of Allegiance and Office


I, ......., do swear [or solemnly and sincerely affirm and declare] that I
will bear true faith and allegiance to Belize, Her Majesty Queen Elizabeth the
Second, Her Heirs and Successors, and will uphold the Constitution and the law,
and that I will conscientiously, impartially and to the best of my ability
discharge my duties as [.......... ] and do right to all manner of people
without fear or favor, affection or ill-will. [So help me God.]



SCHEDULE ۴ TO THE CONSTITUTION REVOCATIONS


Ordinances Revoked References


British Honduras Constitution Ordinance,


۱۹۶۳. No. ۳۳/۱۹۶۳


British Honduras Constitution (Amen dement) Ordinance, ۱۹۶۶ No. ۲۳/۱۹۶۶


British Honduras Constitution (Amen dement) Ordinance, ۱۹۷۰ No. ۹/۱۹۷۰




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