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Bahamas ۱


STATUTORY INSTRUMENTS ۱۹۷۳ No. ۱۰۸۰

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

The Bahamas Independence Order ۱۹۷۳

At the Court at Windsor Castle, the ۲۰th day of June ۱۹۷۳ Present, The Queen"s Most Excellent Majesty in Council

Her
Majesty, by virtue and in exercise of the powers vested in Her by
section ۱ of the Bahamas Islands (Constitution) Act ۱۹۶۳(a] and of all
other powers enabling Her in that behalf, is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby ordered, as
follows:



۱. Citation, commencement and construction.

۱. This Order may be cited as The Bahamas Independence Order ۱۹۷۳.

۲.
Subject to the provisions of the next following subsection this Order
shall come into operation on ۱۰th July ۱۹۷۳ (in this Order referred to
as "the appointed day").

۳. The Governor and
Commander-in-Chief of the Bahamas Islands may at any time after ۲۰th
June ۱۹۷۳ exercise any of the powers conferred on the Governor-General
by section ۴(۳) of this Order or Article ۳۹(۴) of the Constitution set
out in the Schedule to this Order (in this Order referred to as "the
Constitution") to such an extent as may be necessary or expedient to
enable the Constitution to function as from the appointed day.

۴.

a.
For the purposes of the exercise by the Governor under subsection (۳)
of this section of the power conferred by section ۴(۳) of this Order
the Governor shall act in accordance with the advice of the Prime
Minister.

b. For the purposes of the exercise by the Governor
under the said subsection of the powers conferred by Article ۳۹(۴) of
the Constitution the Governor shall act in accordance with the advice
of the Prime Minister after consultation with the advice of the Prime
Minister after consultation with the Leader of the Opposition.

c.
For the purposes of this subsection references to the Prime Minister
and Leader of the Opposition shall be construed as references to the
persons performing the functions of those office under the Bahamas
Islands (Constitution) Order ۱۹۶۹(a) (in this Order referred to as "the
existing Order"), and in relation to the exercise by virtue of this
subsection of the powers conferred by Article ۳۹(۴) of the Constitution
the provisions of Article ۴۰ of the Constitution shall apply as they
would apply in relation to the exercise of those powers by virtue of
Article ۳۹(۴) of the Constitution.

۵. Save where the context
otherwise requires, expressions used in section ۱ to ۱۷ of this Order
shall have the same meaning as in the Constitution and the provisions
of Article ۱۲۷ and ۱۳۷ of the Constitution and the provisions of
Articles ۱۲۷ and ۱۳۷ of the Constitution shall apply for the purposes
of interpreting those sections as they apply for the purposes of
interpreting the Constitution.


۲. Revocation.


The
existing Order is revoked; but the revocation of the existing Order
shall not affect the operation on and after the appointed day of any
law made or having effect as if made in pursuance of the existing Order
or continued in force there under and having effect as part of the law
of the Bahamas Island immediately before the appointed day (including
any law made before the appointed day and coming into operation on or
after that day).


۳. Establishment of Constitution.


Subject to the provisions of this Order, the Constitution shall come into effect on the appointed day.


۴. Existing laws.


۱.
Subject to the provisions of this section, the existing laws shall be
construed with such modifications, adaptations, qualifications and
exceptions as may be necessary to bring them into conformity with the
Bahamas Independence Act ۱۹۷۳(b) and this Order.

۲. Where any
matter that falls to be prescribed or otherwise provided for under the
Constitution by Parliament 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 or is otherwise
prescribed or provided for immediately before the appointed day by or
under the existing Order, that prescription or provision shall, as from
that day, have effect (with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring it into
conformity with the Bahamas Independence Act ۱۹۷۳ and this Order) as if
it had been made under the Constitution by Parliament or, as the case
may require, by the other authority or person.

۳. The
Governor-General may by Order made at any time before ۱۰th July ۱۹۷۴
make such amendments to any existing law as may appear to him to be
necessary or expedient for bringing that law into conformity with the
provisions of the Bahamas Independence Act ۱۹۷۳ and this order or
otherwise for giving effect to or enabling effect to be given to those
provisions.

۴. An Order made by the Governor-General under
subsection (۳) of this section shall have effect from such day, not
earlier than the appointed day, as may be specified therein.

۵.
The provisions of this section shall be without prejudice to any powers
conferred by this Order 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 "existing law"
means any law having effect as part of the law of the Bahamas Islands
immediately before the appointed day (including any law made before the
appointed day and coming into operation on or after that day).


۵. Parliament.


۱.
The persons who immediately before the appointed day are members of the
Senate established by the existing Order (in this section referred to
as "the existing Senate"), having been appointed as such under
paragraphs (a) and (b) respectively of section ۳۰(۲) of the Schedule to
the existing Order, shall as from the appointed day be members of the
Senate established by the Constitution as if they had been appointed as
such under paragraphs (۲) and (۳) respectively of Article ۳۹ of the
Constitution and shall hold their seats as Senator in accordance with
the provisions of the Constitution.

۲. The persons who
immediately before the appointed day are members of the House of
Assembly then established for the Bahamas Islands (in this section
referred to as "the existing Assembly") shall as from the appointed day
be members of the House of Assembly established by the Constitution as
if elected as such in pursuance of Article ۴۶(۲) of the Constitution
and shall hold their seats in that House in accordance with the
provisions of the Constitution.

۳. The persons who immediately
before the appointed day are Speaker and Deputy Speaker of the existing
Assembly shall as from the appointed day be Speaker and Deputy Speaker
respectively of the House of Assembly established by the Constitution
as if elected as such by that House in pursuance of Article ۵۰(۱) of
the Constitution and shall hold office in accordance with the
provisions of that Article.

۴. Any person who is a member of
the Senate or the House of Assembly established by the Constitution by
virtue of the preceding provisions of this section and who, since he
was last appointed or elected as a member of the existing Senate or the
existing Assembly before the appointed day, has taken the oath of
allegiance in pursuance of section ۴۵ of the Schedule to the existing
Order shall be deemed to have complied with the requirements of Article
۶۴ of the Constitution relating to the taking of the oath or
allegiance.

۵. The rules of procedure of the existing Senate
and the existing Assembly as in force immediately before the appointed
day shall except as may be otherwise provided in pursuance of Article
۵۵(۱) of the Constitution, be the rules of procedure respectively of
the Senate and the House of Assembly established by the Constitution,
but they shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring them in to
conformity with the Constitution.

۶. Notwithstanding anything
contained in Article ۶۶(۳) of the Constitution (but subject to the
provisions of paragraphs (۴) and (۵) of that Article) Parliament shall,
unless sooner dissolved, stand dissolved on the expiration of five
years from the first sitting of the existing Assembly after the general
election of members of the existing Assembly last preceding the
appointed day.

۷. For the purposes of Articles ۴۱ and ۴۷ of
the Constitution any period of ordinary residence in the Bahamas
Islands immediately before the appointed day shall be deemed to be
residence in The Bahamas.


۶. Minister and Parliamentary Secretaries.


۱.
The Person who immediately before the appointed day holds the office of
Prime Minister under the existing Order shall, as from the appointed
day, hold office as Prime Minister as if he had been appointed thereto
under Article ۷۳(۱) of the Constitution.

۲. The persons (other
than the Prime Minister) who immediately before the appointed day hold
office as Minister under the existing Order shall, as from the
appointed day, hold the like office as if they had been appointed
thereto under Article ۷۳(۲) of the Constitution.

۳. Any person
holding the office of Prime Minister or other Minister by virtue of
subsection (۱) or (۲) of this section who immediately before the
appointed day was charged with responsibility for any matter or
department of government shall, as from the appointed day, be deemed to
have been charged with responsibility for the corresponding business or
administration of the corresponding department of the Government under
Article ۷۷ of the Constitution.

۴. The person who immediately
before the appointed day hold office as Parliamentary Secretaries under
the existing Order shall, as from the appointed day, hold the like
offices as if they had been appointed thereto under Article ۸۱ (۱) of
the Constitution.

۵. Any person who holds office as Prime
Minister or other Minister or Parliamentary Secretary as from the
appointed day by virtue of the provisions of this section shall be
deemed to have complied with the requirements of Article ۸۴ of the
Constitution relating to the taking of oaths.


۷. Leader of the Opposition.


The
person who immediately before the appointed day is the Leader of the
Opposition (as defined for the purposes of the Schedule to the existing
Order) shall, as from the appointed day, hold office as Leader of the
Opposition as if he had been appointed thereto under Article ۸۲ of the
Constitution.


۸. Existing officers.


Subject to
the provisions of this Order and of the Constitution, every person who
immediately before the commencement of this Order holds or is acting in
a public office shall, as from the commencement of this Order, continue
to hold or act in the like office as if he had been appointed thereto
in accordance with the provisions of the Constitution.


۹. Supreme Court and Court of Appeal Judges.


۱.
The Supreme Court and the Court of Appeal in existence immediately
before the appointed day shall, as from the appointed day be the
Supreme Court and the Court of Appeal for the purposes of the
Constitution and the Chief Justice and the Judges of the Supreme Court
and the President of the Court of Appeal and the Justices of Appeal
holding office immediately before that day shall, as from that day,
hold offices as chief Justice or Justices of the Supreme Court or
President of the Court of Appeal or Justices of Appeal, as the case may
be, as if they had been appointed under the provisions of Chapter vii
of the Constitution.

۲. Any proceedings pending before the
Supreme Court immediately before the appointed day may be continued and
any judgment of that Court given but not satisfied before that day may
be enforced as if it were the judgment of the Supreme Court established
by the Constitution.


۱۰. Pending appeals.


۱.
Any proceedings pending immediately before the appointed day on appeal
from the Supreme Court to the Court of Appeal for the Bahamas Islands
may be continued after the appointed day before the Court of Appeal for
The Bahamas established by the Constitution.

۲. Any judgment
of the Court of Appeal for the Bahamas Islands in an appeal from a
court of the Colony of the Bahamas Islands given, but not satisfied,
before the appointed day may be enforced after the appointed day as if
it were a judgment of the Court of Appeal for The Bahamas established
by the Constitution.


۱۱. Exercise of jurisdiction by Court of Appeal for Turks and Caicos Islands.


A
court of appeal for the Turks and Caicos Island may, under arrangements
between the Government of that territory and the Government of The
Bahamas, sit in The Bahamas and exercise there such jurisdiction and
powers in respect of the Turks and Caicos Islands as may be conferred
upon it by any law for the time being in force in the Turks and Caicos
Islands. Without prejudice to the generality of the foregoing, persons
committed to custody in the Turks and Caicos Islands when present in
The Bahamas in connection with any proceedings in a court of appeal for
the Turks and Caicos Islands may be held in custody in The Bahamas and
persons may be committed to custody in The Bahamas by order of such a
court.


۱۲. Remuneration of certain persons.


Until
provisions is made under and in accordance with Article ۱۳۵ of the
Constitution, the salaries and allowances of the holders of each of the
offices to which that Article applies, other than the Governor-General,
shall be the salaries and allowances of the holders of each of the
offices or of the offices corresponding thereto were entitled
immediately before the appointed day, and the salary and allowances of
the Governor-General shall be the salary and allowances to which the
Governor and Commander-in-Chief of the Bahamas Island was entitled
immediately before such day.


۱۳. Transitional provisions relating to existing Commissions.


۱.
Any power of the Governor and Commander-in-Chief of the Bahamas Island
acting on the recommendation of the Public Service Commission
established by the existing Order which has been validly delegated to
any public officer under that Order shall, as from the appointed day,
be deemed to have been delegated to that public officer to the extent
that power could be so delegated under Article ۱۱۰ of the Constitution.


۲. Any matter which, immediately before the appointed day, is
pending before an existing Commission or, as the case may be, before
any person or authority on whom the power to deal with such matter has
been conferred under the existing Order shall as from the appointed day
be continued before the Public Service Commission established by the
Constitution, or the Public Service Board of Appeal, or the Judicial
and Legal Service Commission, or the Police Service Commission, so
established or, as the case may be, the said person or authority:

Provided that where an existing Commission or, as the case may be, any person or

authority as aforesaid has, immediately before the appointed day, partly completed the

hearing of a disciplinary proceeding (in this section referred to as "the original hearing"),

no person shall take part in the continued hearing unless he has also taken part in the

original hearing; and where by virtue of this subsection the original hearing cannot be so

continued the hearing of the disciplinary proceeding shall be recommenced.

۳.
A person who immediately before the appointed day holds the office of
Chairman or other member of an existing Commission shall, as from the
appointed day, continue to hold the like office as if he had been
appointed thereto in accordance with the provisions of the Constitution
and shall be deemed to have been duly appointed to such office under
the Constitution.

۴. The provisions of Articles ۱۰۷(۳),
۱۱۴(۳), ۱۱۶(۳) or ۱۱۸(۳), as the case may be, of the Constitution shall
have effect in relation to such a person as if the date of his
appointment under the existing Order were the date of his appointment
under the existing Order were the date of his appointment under the
Constitution.

۵. Until Parliament otherwise prescribes under
Article ۱۱۷(۲) of the Constitution the public offices to which Article
۱۱۷(۱) thereof applies shall be the offices of Solicitor-General,
Registrar of the Supreme Court, Legal Draftsman, Senior Crown Counsel,
Chief Magistrate, Registrar General, Stipendiary and Circuit
Magistrate, Crown Counsel, Assistant Legal Draftsmen, Assistant
Registrar, Deputy Registrar General and Assistant Crown Counsel.

۶.
In this section "an existing Commission" means the Public Service
Commission established under the existing Order or, as the case may be,
the Public Service Board of Appeal, or the Judicial and Legal Service
Commission, or the Police Service Commission, so established.


۱۴. Emergency Powers Order in Council ۱۹۳۹.


۱.
The Emergency Powers Order in Council ۱۹۳۹(a) and any Order in Council
amending that Order (b) shall cease to have effect as part of the law
of The Bahamas on ۱۰th July ۱۹۷۴ or such earlier date as Parliament may
prescribe.

۲. Until such time as the said Orders cease to have
effect under subsection (۱) of this section they shall continue to have
effect in respect of The Bahamas as they had effect in respect of the
former Colony of the Bahamas Island immediately before the appointed
day, except that the powers exercisable by the Governor there under
shall be exercisable by the Governor-General acting in accordance with
the advice of the Prime Minister.


۱۵. Transfer of Crown Lands Fund for Development to Consolidated Fund.


All
sums standing to the credit of the Crown Lands Fund for Development
immediately before the appointed day shall as from that day form part
of the Consolidated Fund, and all sums charged on the Crown Lands Fund
for Development immediately before that day shall as from that day
stand charged on the Consolidated Fund.


۱۶. Transitional provisions relating to compensation etc.


Any
compensations, gratuity, grant or allowance paid or payable, whether
before or after the appointed day, under any regulation made by the
Governor under section ۱۵ of the Bahamas Islands (Constitution) Order
in Council ۱۹۶۳(c) or under section ۹ of the Bahamas Island
(Constitution) Order ۱۹۶۹, which under those regulations as in force
immediately prior to the appointed day was or would have been exempt
from tax in the Bahamas Island, shall be exempt from tax to the same
extent in The Bahamas after the appointed day.


۱۷. Alteration of his Order.


۱.
Parliament may alter any of the provisions of this Order (in so far as
those provisions form part of the law of The Bahamas), other than those
mentioned in subsections (۲) and (۳) of this section, in the same
manner as it may alter the provisions of the Constitution other than
those specified in paragraphs (۲) and (۳) of Article ۵۴ of the
Constitution.

۲. Parliament may alter subsection (۶) of
section ۵ of this Order and this section in the same manner as it may
alter the provisions specified in Article ۵۴(۳) of the Constitution.

۳.
Parliament may alter sections ۸, ۹, ۱۲, subsections (۳), (۴) and (۵) of
section ۱۳ and section ۱۶ of this Order in the same manner as it may
alter the provisions specified in Article ۵۴(۲) of the Constitution.

۴. In this section "alter" has the same meaning as in Article ۵۴(۴)(b) of the Constitution.




THE CONSTITUTION OF THE COMMONWEALTH OF THE BAHAMAS Preamble


Whereas
Four hundred and eighty-one years ago the rediscovery of this Family of
Islands, Rocks and Cays heralded the rebirth of the New World;

And
Whereas the People of this Family of Islands recognizing that the
preservation of their Freedom will be guaranteed by a national
commitment to Self-discipline, Industry, Loyalty, Unity and an abiding
respect for Christian values and the Rule of Law;

Now Know Ye Therefore:

We
the Inheritors of and Successors to this Family of Islands, recognizing
the Supremacy of God and believing in the Fundamental Rights and
Freedoms of the Individual, Do Hereby Proclaim in Solemn Praise the
Establishment of a Free and Democratic Sovereign Nation founded on
Spiritual Values and in which no Man, Woman or Child shall ever be
Slave or Bondsman to anyone or their Labour exploited or their Lives
frustrated by deprivation, and do Hereby Provide by these Articles for
the indivisible Unity and Creation under God of the Commonwealth of The
Bahamas.

CHAPTER I THE CONSTITUTION

۱. The State.


The Commonwealth of the Bahamas shall be a sovereign democratic State.


۲. The Constitution is supreme law.


This
Constitution is the supreme law of the Commonwealth of The Bahamas and,
subject to the provisions of this Constitution, if any other law is
inconsistent with this Constitution, this Constitution, shall prevail
and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II CITIZENSHIP

۳. Persons who become citizens on ۱۰th July ۱۹۷۳.


۱.
Every person who, having been born in the former Colony of the Bahamas
Islands, is on ۹th July ۱۹۷۳ a citizen of the United Kingdom and
Colonies shall become a citizen of the Bahamas on ۱۰th July ۱۹۷۳.

۲.
Every person who, having been born outside the former Colony of the
Bahamas Islands, is on ۹th July ۱۹۷۳ a citizen of the United Kingdom
and Colonies shall, if his father becomes or would but for his death
have become a citizen of The Bahamas in accordance with the provisions
of the preceding paragraph, become a citizen of The Bahamas on ۱۰th
July ۱۹۷۳.

۳. Every person who on ۹th July ۱۹۷۳ is a citizen
of the United Kingdom and Colonies having become such a citizen under
the British Nationality Act ۱۹۴۸ by virtue of his having been
registered in the former Colony of the Bahamas Islands under that Act
shall become a citizen of The Bahamas on ۱۰th July ۱۹۷۳:

Provided that this paragraph shall not apply to any citizen of the United Kingdom and Colonies-

a. who was not ordinarily resident in that Colony on ۳۱st December ۱۹۷۲, or

b. who became registered in that Colony on or after ۱st January ۱۹۷۳, or

c. who on ۹th July ۱۹۷۳ possesses the citizenship or nationality of some other country.


۴. Persons who become citizens on ۹th July ۱۹۷۴.


Every person who on ۹th July ۱۹۷۳ is a citizen of the United Kingdom and Colonies-

a.
having become such a citizen under the British Nationality Act ۱۹۴۸ by
virtue of his having been naturalized in the former Colony of the
Bahamas Islands before that Act came into force, or

b. having
become such a citizen by virtue of his having been naturalized in the
former Colony of the Bahamas Islands under that Act, shall become a
citizen of The Bahamas on ۹th July ۱۹۷۴, unless prior to that date, he
has in such manner as may be prescribed declared that he does not
desire to become a citizen of The Bahamas:

Provided that this
section shall not apply to a citizen of the United Kingdom and Colonies
who on ۹th July ۱۹۷۳ possesses the citizenship or nationality of some
other country.


۵. Persons entitled to be registered as citizens.


۱. Any woman who, on ۹th July ۱۹۷۳, is or has been married to a person-

a. who becomes a citizen of The Bahamas by virtue of Article ۳ of this Constitution; or

b.
who, having died before ۱۰th July ۱۹۷۳, would, but for his death, have
become a citizen of The Bahamas by virtue of that Article, shall be
entitled, upon making application and upon taking the oath of
allegiance or such declaration in such manner as may be prescribed, to
be registered as a citizen of The Bahamas:

Provided that the
right to be registered as a citizen of The Bahamas under this paragraph
shall be subject to such exceptions or qualifications as may be
prescribed in the interests of national security or public policy.

۲.
Any person who, on ۹th July ۱۹۷۳, possesses Bahamian Status under the
provisions of the Immigration Act ۱۹۶۷(a) and is ordinarily resident in
the Bahamas Islands, shall be entitled, upon making application before
۱۹th July ۱۹۷۴, to be registered as a citizen of The Bahamas.

۳.
Notwithstanding anything contained in paragraph (۲) of this Article, a
person who has attained the age of eighteen years or who is a woman who
is or has been married shall not, if he is a citizen of some country
other than The Bahamas, be entitled to be registered as a citizen of
The Bahamas under the provisions of that paragraph unless he renounces
his citizenship of that other country, takes the oath of allegiance and
makes and registers such declarations may be prescribed:

Provided
that where a person cannot renounce his citizenship of the other
country under the law of that country he may instead make such
declaration concerning that citizenship as may be prescribed.

۴.
Any application for registration under paragraph (۲) of this Article
shall be subject to such exceptions or qualifications as may be
prescribed in the interest of national security or public policy.

۵.
Any woman who on ۹th July ۱۹۷۳ is or has been married to a person who
subsequently becomes a citizen of The Bahamas by registration under
paragraph (۲) of this Article shall be entitled, upon making
application and upon taking the oath of allegiance or such declaration
as may be prescribed, to be registered as a citizen of The Bahamas:

Provided
that the right to be registered as a citizen of The Bahamas under this
paragraph shall be subject to such exceptions or qualifications as may
be prescribed in the interests of national security or public policy.

۶.
Any application for registration under this Article shall be made in
such manner as may be prescribed as respects that application:

Provided
that such an application may not be made by a person who has not
attained the age of eighteen year and is not a woman who is or has been
married, but shall be made on behalf of that person by a parent or
guardian of that person.


۶. Persons born in The Bahamas after ۹th July ۱۹۷۳.


Every
person born in The Bahamas after ۹th July ۱۹۷۳ shall be come a citizen
of The Bahamas at the date of his birth if at that date either of his
parents is a citizen of The Bahamas.


۷. Persons born in The Bahamas after ۹th July ۱۹۷۳ of non-citizen parents.


۱.
A person born in The Bahamas after ۹th July ۱۹۷۳ neither of whose
parents is a citizen of The Bahamas shall be entitled, upon making
application on his attaining the age of eighteen years or within twelve
months thereafter in such manner as may be prescribed, to be registered
as a citizen of The Bahamas:

۲. Provided that if he is a
citizen of some country other than The Bahamas he shall not be entitled
to be registered as a citizen of The Bahamas under this Article unless
he renounces his citizenship of that other country, takes the oath of
allegiance and makes and registers such declaration of his intentions
concerning residence as may be prescribed.

۳. Any application
for registration under this Article shall be subject to such exceptions
or qualifications as may be prescribed in the interests of national
security or public policy.


۸. Persons born outside The Bahamas after ۹th July ۱۹۷۳.


A
persons born outside The Bahamas after ۹th July ۱۹۷۳ shall become a
citizen of The Bahamas at the date of his birth if at that date his
father is a citizen of The Bahamas otherwise than by virtue of this
Article or Article ۳(۲) of this Constitution.


۹. Further provisions for persons born outside The Bahamas after ۹th July ۱۹۷۳.


۱.
Notwithstanding anything contained in Article ۸ of this Constitution, a
person born legitimately outside The Bahamas after ۹th July ۱۹۷۳ whose
mother is a citizen of The Bahamas shall be entitled, upon making
application on his attaining the age of eighteen years and before he
attains the age of twenty-one years, in such manner as may be
prescribed, to be registered as a citizen of The Bahamas:

Provided
that if he is a citizen of some country other than The Bahamas he shall
not be entitled to be registered as a citizen of The Bahamas under this
Article unless he renounces his citizenship of that other country,
takes the oath of allegiance and makes and registers such declaration
of his intentions concerning residence as may be prescribed.

۲.
Where a person cannot renounce his citizenship of some other country
under the law of that country, he may instead make such declaration
concerning that citizenship as may be prescribed.

۳. Any
application for registration under this Article shall be subject to
such exceptions or qualifications as may be prescribed in the interests
of national security or public policy.


۱۰. Marriage to citizens of The Bahamas.


Any
woman who, after ۹th July ۱۹۷۳, marries a person who is or becomes a
citizen of The Bahamas shall be entitled, provided she is still so
married, upon making application in such manner as may be prescribed
and upon taking the oath of allegiance of such declaration as may be
prescribed, to be registered as a citizen of The Bahamas:

Provided
that the right to be registered as a citizen of The Bahamas under this
Article shall be subject to such exceptions or qualifications as may be
prescribed in the interests of national security of public policy.


۱۱. Deprivation of citizenship.


۱.
If the Governor-General is satisfied that any citizen of The Bahamas
has at any time after ۹th July ۱۹۷۳ acquired by registration,
naturalization or other voluntary and formal act (other than marriage)
the citizenship of any other country any rights available to him under
the law of that country, being rights accorded exclusively to its
citizens, the Governor-General may by order deprive that person of his
citizenship.

۲. If the Governor-General is satisfied that any
citizen of The Bahamas has at any time after ۹th July ۱۹۷۳ voluntarily
claimed and exercised in any other country any rights available to him
under the law of that country, being rights accorded exclusively to its
citizens, the Governor-General may by order deprive that person of his
citizenship.


۱۲. Renunciation of citizenship.


Any citizen of The Bahamas who has attained the age of twenty-one years and who-

a. is also a citizen or national of any other country; or

b. intends to become a citizen or national of any other country,

shall
be entitled to renounce his citizenship of The Bahamas by a declaration
made and registered in such manner as may be prescribed:


Provided that

a.
in the case of a person who is not a citizen or national of any other
country at the date of registration of his declaration or renunciation,
if he does not become such a citizen or national within six months from
the date of registration he shall be, and shall be deemed to have
remained, a citizen of The Bahamas notwithstanding the making and
registration of his declaration of his declaration of renunciation; and


b. the right of any person to renounce his citizenship of The
Bahamas during any period when The Bahamas is engaged in any war shall
be subject to such exceptions or qualification as may be prescribed in
the interests of national security or public policy.


۱۳. Power of Parliament.


۱۳. Parliament may make provision-

a.
for the acquisition of citizenship of The Bahamas by persons who do not
become citizens of The Bahamas by virtue of the provisions of this
Chapter;

b. for depriving of his citizenship of The Bahamas
any person who is a citizen of The Bahamas otherwise than by virtue of
paragraphs (۱) or (۲) of Articles ۶ or ۸ of this Constitution; or

c.
for the certification of citizenship of The Bahamas for persons who
have acquired that citizenship and who desire such certification.


۱۴. Interpretation.


۱.
Any reference in this Chapter to the father of a person shall, in
relation to any person born out of wedlock other than a person
legitimated before ۱۰th July ۱۹۷۳, be construed as a reference to the
mother of that person.

۲. For the purposes of this Chapter, a
person born aboard a registered ship or aircraft, or aboard an
unregistered ship or aircraft of the government of any country, shall
be deemed to have been born in the place in which the ship or aircraft
was registered or, as the case may be, in that country.

۳. Any
reference in this Chapter to the national status of the father of a
person at the time of that person"s birth, shall, in relation to a
person born after the death of the father, be construed as a reference
to the national status of the father at the time of the father"s death;
and where that death occurred before ۱۰th July ۱۹۷۳ and the birth
occurred after ۹th July ۱۹۷۳ the national status that the father would
have had if he had died on ۱۰th July ۱۹۷۳ shall be deemed to be his
national status at the time of his death.


CHAPTER III PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

۱۵. Fundamental rights and freedoms of the individual.


Whereas
every person in The Bahamas is entitled to the fundamental rights and
freedoms of the individual, that is to say, has the right, whatever his
race, place of origin, political opinions, colour, creed or sex, but
subject to respect for the rights and freedoms of others and for the
public interest, to each and all of the following, namely-

a. life, liberty, security of the person and the protection of the law;

b. freedom of conscience, of expression and of assembly and association; and

c.
protection for the privacy of his home and other property and from
deprivation of property without compensation, the subsequent provisions
of this Chapter shall have effect for the purpose of affording
protection to the aforesaid rights and freedoms subject to such
limitations of that protection as are contained in those provisions,
being limitations designed to ensure that the enjoyment of the said
rights and freedoms by any individual does not prejudice the rights and
freedoms of others or the public interest.


۱۶. Protection of right to life.


۱.
No person shall be deprived intentionally of his life save in execution
of the sentence of a court in respect of a criminal offence of which he
has been convicted.

۲. A person shall not be regarded as
having been deprived of his life in contravention of this Article if he
dies as the result of the use, to such extent and in such circumstances
as are permitted by law, of such force as is reasonably justifiable-

a. for the defense of any person from violence or for the defense of property;

b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

c. for the purpose of suppressing a riot, insurrection or mutiny; or

d. in order to prevent the commission by tat person of a criminal offence or if he dies as a result of a lawful act of war.


۱۷. Protection from inhuman treatment.


۱. No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this Article to the
extent that the law in question authorizes the infliction of any
description of punishment that was lawful in the Bahamas Islands
immediately before ۱۰th July ۱۹۷۳.


۱۸. Protection from slavery and forced labour.


۱. No person shall be held in slavery or servitude.

۲. No person shall be required to perform forced labour.

۳. For the purposes of this Article, "forced labour" does not include-

a. any labour required in consequence of the sentence or order of a court;

b.
any labour required of a member of a disciplined force in pursuance of
his duties as such or, in the case of a person who has conscientious
objections to service in a naval, military or air force, any labour
which that person is required by law to perform in place of such
service;

c. labour required of any person while he is lawfully
detained which, though not required in consequence of the sentence or
order of a court, is reasonably necessary in the interests of hygiene
or for the maintenance of the place in which he is detained; or

d.
any labour required during a period of public emergency (that is to
say, a period to which Article ۲۹ of this Constitution applies) or in
the event of any other emergency or calamity that threatens the life or
well-being of the community, to the extent that the requiring of such
labour is reasonably justifiable, in the circumstances of any situation
arising or existing during that period or as a result of that other
emergency or calamity, for the purpose of dealing with that situation.


۱۹. Protection from arbitrary arrest or detention.


۱. No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases-

a.
in execution of the sentence or order of a court, whether established
for The Bahamas or some other country, in respect of a criminal offence
of which he has been convicted or in consequence of his unfitness to
plead to a criminal charge or in execution of the order of a court on
the grounds of his contempt of that court or of another court or
tribunal;

b. in execution of the order of a court made in order to secure the fulfillment of any obligation imposed upon him by law;

c. for the purpose of bringing him before a court in execution of the order of a court;

d. upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;

e. in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;

f.
for the purpose of preventing the spread of an infectious or contagious
disease or in the case of a person who is, or is reasonably suspected
to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for
the purpose of his case or treatment of the protection of the
community;

g. for the purpose of preventing the unlawful entry
of that person into The Bahamas or for the purpose of effecting the
expulsion, extradition or other lawful removal from the Bahamas of that
person or the taking of proceedings relating thereto; and without
prejudice to the generality of the foregoing, a law may, for the
purposes of this sub-paragraph, provide that a person who is not a
citizen of The Bahamas may be deprived of this liberty to such extent
as may be necessary in the execution of a lawful order requiring that
person to remain within a specified area within The Bahamas or
prohibiting him from being within such an area.

۲. Any person
who is arrested or detained shall be informed as soon as is reasonably
practicable, in a language that he understands, of the reason for his
arrest or detention and shall be permitted, at his own expense, to
retain and instruct without delay a legal representative of his own
choice and to hold private communication with him; and in the case of a
person who has not attained the age of eighteen years he shall also be
afforded a reasonable opportunity for communication with his parent or
guardian.

۳. Any person who is arrested or detained in such a
case as is mentioned in sub-paragraph (۱)(c) or (d) of this Article and
who is not released shall be brought without undue delay before a
court; and if any person arrested or detained in such a case as is
mentioned in the said sub-paragraph (۱)(d) is not tried within a
reasonable time he shall (without prejudice to any further proceedings
that may be brought against him) be released either unconditionally or
upon reasonably necessary to ensure that he appears at a later date for
trial of for proceedings preliminary to trial.

۴. Any person
who is unlawfully arrested or detained by any other persons hall be
entitled to compensation therefore from that other person.

۵.
Where a person is detained by virtue of such a law as is referred to in
Article ۲۹ of this Constitution, the following provisions shall apply-

a.
he shall, as soon as reasonably practicable and in any case not more
than five days after the commencement of his detention, be furnished
with a statement in writing, in a language that he understands, of the
grounds upon which he is detained;

b. not more than fourteen
days after the commencement of his detention, a notification shall be
published in the Gazette stating that he has been detained and giving
particulars of the provisions of law under which his detention is
authorized;

c. he may from time to time request that his case
be reviewed under sub-paragraph (d) of this paragraph but, where he has
made such a request, no subsequent request shall be made before the
expiration of three months from the making of the previous request;

d.
where a request is made under sub-paragraph (c) of this paragraph, the
case shall, within one month of the making of the request, be reviewed
by an independent and impartial tribunal established by law, presided
over by the Chief Justice or another Justice of the Supreme Court
appointed by him, and consisting of persons who are Justices of the
Supreme Court or who are qualified to be appointed as Justices of the
Supreme Court:

e. he shall be afforded reasonable facilities
to consult and instruct, at his own expense, a legal representative of
his own choice, and he and any such legal representative shall be
permitted to make written or oral representations or both to the
tribunal appointed for the review of his case.

۶. On any
review by a tribunal in pursuance of paragraph (۵) of this Article of
the case of any detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to
the authority by whom it was ordered, but unless it is otherwise
provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.

۷. When any person
is detained by virtue of such a law as is referred to in Article ۲۹ of
this Constitution the Prime Minister of a Minister authorized by him
shall, not more than thirty days after the commencement of the
detention and thereafter no more than thirty days after the making of
the previous report, make a report to each House stating the number of
persons detained as aforesaid and the number of cases in which the
authority that ordered the detention has not acted in accordance with
the recommendations of a tribunal appointed in pursuance of paragraph
۸۵) of this Article:

Provided that in reckoning any period of
thirty days for the purposes of this paragraph no account shall be
taken of any period during which parliament stands prorogued or
dissolved.


۲۰. Provisions to secure protection of law.


۱.
If any person is charged with a criminal offence, then unless the
charge is withdrawn, the case shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by
law.

۲. Every person who is charged with a criminal offence-

a. shall be presumed to be innocent until he is proved or has pleaded guilty;

b.
shall be informed as soon as reasonably practicable, in a language that
he understands and in detail, of the nature of the offence charged;

c. shall be given adequate time and facilities for the preparation of his defense;

d.
shall be permitted to defend himself before the court in person or, at
his own expense, by a legal representative of his own choice or by a
legal representative at the public expense where so provided by or
under a law in force in The Bahamas;

e. shall be afforded
facilities to examine in person or by his legal representative the
witnesses called by the prosecution before the court, ad to obtain the
attendance and carry out the examination of witnesses to testify on hi
behalf before the court on the same condition as those applying to
witnesses called by the prosecution;

f. shall be permitted to
have without payment the assistance of an interpreter if he cannot
understand the language used at the trial of the charge; and

g. shall, when charged on information in the Supreme Court, have the right to trial by jury;

h.
and except with his own consent the trial shall not take place in his
absence unless he so conduct himself in the court as to render the
continuance of the proceedings in his presence impracticable and the
court has ordered him to be removed and the trial to proceed in his
absence.

۳. When a person is tried for any criminal offence,
the accused person or any person authorized by him in that behalf
shall, if he so requires and subject to payment of such reasonable fee
as may be prescribed by law, be given within a reasonable time after
judgment a copy for the use of the accused person of any record of the
proceedings made by or on behalf of the court.

۴. No person
shall be held to be guilty of a criminal offence on account of any act
or omission that did not, at the time it took place, constitute such an
offence that is severer in degree or description than the maximum
penalty that might have been imposed for that offence at the time when
it was committed.

۵. No person who shows that he has been
tried by a competent court for a criminal offence and either convicted
or acquitted shall again be tried for that offence or for any other
criminal offence of which he could have been convicted at the trial for
that offence, save upon the order of a superior court in the course of
appeal or review proceedings relating to the conviction or acquittal.

۶. No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

۷. No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

۸.
Any court or other adjudicating authority prescribed by law for the
determination of the existence or extent of any civil right of
obligation shall be established by law and shall be independent and
impartial; and where proceedings for such a determination are institute
by any person before such a court or other adjudicating authority, the
case shall be given a fair hearing within a reasonable time.

۹.
All proceeding instituted in any court for the determination of the
existence or extent of any civil right or obligation, including the
announcement of the decision of the court, shall be held in public,

۱۰.
Nothing in paragraph (۹) of this Article shall prevent the court from
excluding from the proceedings persons other than the parties thereto
and their legal representatives to such extent as the court-

a.
may be empowered by law so to do and may consider necessary or
expedient in circumstances where publicity would prejudice the
interests of justice, or in interlocutory proceedings or in the
interests of public morality, the welfare of persons under the age of
eighteen years of the protection of the private live of persons
concerned in the proceedings;

b. may be empowered or required by law to do so in the interests of defense, public safety of public order; or

c.
may be empowered or required to do so by rules of court and practice
existing immediately before ۱۰th July ۱۹۷۳ of by any law made
subsequently to the extent that it makes provisions substantially to
the same effect as provision contained in any such rules.

۱۱. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

a.
sub-paragraph (۲)(a) of this Article to the extent that the law in
question imposes upon any person charged with a criminal offence the
burden of proving particular facts;

b. sub-paragraph (۲)(e) of
this Article to the extent that the law in question imposes conditions
that must be satisfied if witnesses called to testify on behalf of an
accused person are to be paid their expenses out of public funds;

c.
paragraph (۵) of this Article to the extent that the law in question
authorizes a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal
of that member under the disciplinary law of that force, so, however,
that any court so trying such a member and convicting him shall in
sentencing him to any punishment take into account any punishment
awarded him under that disciplinary law.


۲۱. Protection for privacy of home and other property.


۱.
Except with his consent, no person shall be subjected to the search of
his person or his property of the entry by others on his premises.

۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this Article to the
extent that the law in question makes provisions-

a. which is reasonably required-

i.
in the interests of defense, public safety, public order, public
morality, public health, town and country planning, he development of
mineral resources, or the development of utilization of nay other
property in such a manner as to promote the public benefit; or

ii. for the purpose of protecting the rights and freedoms other persons;

b.
to enable an officer or agent of the Government of The Bahamas, a local
government authority or a body corporate established by law for public
purposes to enter on the premises of any person in order to inspect
those premises or anything thereon for the purpose of any tax, rate or
due or in order to carry out work connected with any property that is
lawfully on those premises and the belongs to that Government,
authority or body corporate, as the case may be; or

c. to
authorize, for the purpose of enforcing the judgment or order of a
court in any civil proceedings, the search of any person or property by
order of a court or the entry upon any premises by such order,

d.
and except so far as that provisions or, as the case may be, the thing
done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.


۲۲. Protection of freedom of conscience.


۱.
Except with his consent, no person shall be hindered in the enjoyment
of his freedom of conscience, and for the purposes of this Article the
said freedom includes freedom of thought and of religion, freedom to
change his religion or belief and freedom, either alone or in community
with others, and both in public and in private, to manifest and
propagate his religion of belief in worship, teaching, practice and
observance.

۲. Except with his consent (or, if he is a person
who has not attained the age of eighteen years, the consent of his
guardian) no person attending any place of education shall be required
to receive religious instruction or to take part in or attend any
religious ceremony or observance of that instruction, ceremony or
observance relates to a religion other than his own.

۳. No
religious body or denomination shall be prevented from or hindered in
providing religious instruction for persons of that body of
denomination in the course of any education provided by that body or
denomination whether or not that body or denomination is in receipt of
any government subsidy, grant or other form of financial assistance
designed to meet, in whole or in part, the cost of such course of
education.

۴. No person shall be compelled to take any oath
which is contrary to his religion or belief of to take any oath in a
manner which is contrary to his religion or belief.

۵. Nothing
contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this Article to the extent
that the law in question makes provision which is reasonably required-

a. in the interest of defense, public safety, public order, public morality or public health; or

b.
for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practice any religion without the
unsolicited interference of member of any other religion,

c.
and except so far as that provision or, as the case may be, the thing
done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.


۲۳. Protection of freedom of expression.


۱.
Except with his consent, no person shall be hindered in the enjoyment
of his freedom of expression, and for the purposes of this Article the
said freedom includes freedom to hold opinions, to receive and impart
ideas and information without interference, and freedom from
interference with his correspondence.

۲. Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision-

a. which is reasonably required-

i. in the interests of defense, public safety, public order, public morality or public health; or

ii.
for the purposes of protecting the rights, reputations and freedoms of
other persons, preventing the disclosure of information received in
confidence, maintaining the authority and independence of the courts,
or regulating telephony, telegraphy, posts, wireless broadcasting,
television, public exhibitions or public entertainment; or


b.
which imposes restrictions upon persons holding office under the Crown
or upon members of a disciplined force, and except so far as that
provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic
society.


۲۴. Protection of freedom of assembly and association.


۱.
Except with his consent, no person shall be hindered in the enjoyment
of his freedom of peaceful assembly and association, that is to say,
his right to assemble freely and associate with other persons and in
particular to form or belong to political parties, or to form or belong
to trade unions or other association for the protection of his
interests.

۲. Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this Article to the extent that the law in question makes provision-

a. which is reasonably required

i. in the interest of defense, public safety, public order, public morality or public health; or

ii. for the purpose of protecting the rights and freedoms of other persons; or

b. which imposes restriction upon person s holding office under the Crown or Upon members of a discipline force,

c.
and except so far as that provision or, as the case may be, the thing
done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.


۲۵. Protection of freedom of movement.


۱.
Except with his consent, no person shall be hindered in the enjoyment
of his freedom of movement, and for the purposes of this Article the
said freedom means the right to move freely throughout The Bahamas, the
right to reside in any part thereof, the right to enter The Bahamas,
the right to leave The Bahamas and immunity from expulsion there from.

۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this Article to the
extent that the law in question makes provision-

a. which is reasonably required-

i.
in the interests of defense, public safety, public order, public
morality, public health, town and country planning of the prevention of
plant or animal diseases; or

ii. for the purpose of protecting the rights and freedoms of other persons,

iii.
and except so far as that provision or, as the case may be, the thing
done under the authority thereof is shown not to be reasonably
justifiable in a democratic society;

b. for the removal of a
person from The Bahamas to be tried outside The Bahamas for a criminal
offence or to undergo imprisonment in some other country in respect of
a criminal offence of which he has been convicted;

c. for the
imposition of restriction upon the movement of residence within The
Bahamas of public officers or member of a disciplined force that are
reasonably required for the purpose of the proper performance of their
functions; or

d. for the imposition of restriction on the
right of any person to leave The Bahamas of any person who is not a
citizen of The Bahamas or the exclusion or expulsion there from of any
such person; or

e. for the imposition of restrictions on the
right of any person to leave The Bahamas in the public interest, or for
securing compliance with any international obligation of the Government
of The Bahamas particulars of which have been laid before Parliament.

۳.
Any restriction on a person"s freedom of movement which is involved in
his lawful detention shall not be held to be inconsistent with or in
contravention of this Article.

۴. For the purposes of
sub-paragraph (c) of paragraph (۲) of this Article "law" in that
paragraph includes directions in writing regarding the conduct of
public officers generally of any class of public officer issued by the
Government of The Bahamas.


۲۶. Protection from discrimination on the grounds of race, etc.


۱.
Subject to the provision of paragraph (۴), (۵) and (۹) of this Article
no law shall make any provision which is discriminatory either of
itself or in its effect.

۲. Subject to the provisions of
paragraphs (۶), (۹) and (۱۰) of this Article, no person shall be
treated in a discriminatory manner by any person acting by virtue of
any written law or in the performance of the function of any public
office or any public authority.

۳. In this Article, the
expression "discriminatory" means affording different treatment to
different person attributable wholly or mainly to their respective
descriptions by race, place of origin political opinions colour or
creed whereby person of one such description are subjected to
disabilities or restrictions to which person of another such
description are not made subject or are accorded privileges or
advantages which are not accorded to persons of another such
description.

۴. Paragraph (۱) of this Article shall not apply to any law so far as that law makes provision-

a.
for the appropriation of revenues or other funds of The Bahamas or for
the imposition of taxation (including the levying of feed for the grant
of licenses); or

b. with respect to the entry into or
exclusion from, or the employment, engaging in any business or
profession, movement of residence within, The Bahamas of persons who
are not citizens of The Bahamas; or

c. with respect to adoption, marriage, divorce, burial, devolution f property on death or other matters of personal law; or

d.
whereby persons of any such description as is mentioned in paragraph
(۳) for this Article may be subjected to any disability or restriction
or may be accorded any privilege or advantage which having regard to
its nature and to special circumstances pertaining to those persons or
to persons of any other such description, is reasonably justifiable in
a democratic society; or

e. for authorizing the granting of
licenses or certificates permitting the conduct of a lottery, the
keeping of a gaming house or the carrying on of gambling in any of its
forms subject to conditions which impose upon persons who are citizens
of The Bahamas disabilities or restriction to which other persons are
not made subject.

۵. Nothing contained in any law shall be
held to be inconsistent whit or in contravention of paragraph (۱) of
this Article to the extent that it makes provision with respect to
standards or qualifications (not being a standard or qualification
specifically relating to race, place of origin, political opinions,
colour or creed) in order to be eligible for service as a public
officer or as a member of a disciplined force of for the service of a
local government authority or a body corporate established by law for
public purposes.

۶. Paragraph (۲) of this Article shall not
apply to anything which is expressly of by necessary implication
authorized to be done by any such provision of law as is referred to in
paragraphs (۴) or (۵) of this Article.

۷. Subject to the
provisions of subparagraph (۴)(e) and of paragraph (۹) of this Article
no person shall be treated in a discriminatory manner in respect of
access to any of the following places to which the general public have
access, namely, shops, hotels, restaurants, eating-houses, licensed
premises, places of entertainment or places of resort.

۸. Subject to the provisions of this Article no person shall be treated in a discriminatory manner-

a.
in respect of any conveyance or lease or agreement for, or in
consideration of , or collateral to, a conveyance or lease of any
freehold or leasehold hereditament which have been offered for sale or
lease to the general public;

b. in respect of any covenant or
provision in any conveyance or lease or agreement for , or in
consideration of, or collateral to, a conveyance or lease restricting
by discriminatory provision the transfer, ownership, use or occupation
of any freehold or leasehold hereditament which have been offered for
sale or lease to the general public.


۹. Nothing contained
in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this Article to the extent
that the law in question makes provision whereby persons of any such
description as is mentioned in paragraph (۳) of this Article may be
subjected to any restriction on the rights and freedoms guaranteed by
Articles ۲۱,۲۲,۲۳,۲۴ and ۲۵ of this Constitution, being such a
restriction as is authorized by Article ۲۱(۲)(a), ۲۲(۵), ۲۳(۲), ۲۴(۲)
or ۲۵(۲)(a) or (e), as the case may be.

۱۰. Nothing in
paragraph (۲) of this Article shall affect any discretion relating to
the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this
Constitution or any other law.


۲۷. Protection from deprivation of property.


۱.
No property of any description shall be compulsorily taken possession
of, and no interest in or right over property of any description shall
be compulsorily acquired, except where the following conditions are
satisfied, that is to say-

a. the taking of possession or
acquisition is necessary in the interests of defense, public safety,
public order, public morality, public health, town and country planning
or the development or utilization of any property in such manner as to
promote the public benefit or the economic well-being of the community;
and

b. the necessity thereof is such as to afford reasonable
justification for the causing of any hardship that may result to any
person having an interest in or right over the property; and

c. provision is made by a law applicable to that taking of possession or acquisition-

i. for the making of prompt and adequate compensation in the circumstances; and

ii.
securing to any person having an interest in or right over the property
a right of access to the Supreme Court, whether direct or on appeal
from any other authority, for the determination of his interest or
right, the legality of the taking of possession or acquisition of the
property, interest or right, and the amount of any compensation to
which he is entitled, and for the purpose of obtaining prompt payment
of that compensation; and

d. any party to proceedings in the
Supreme Court relating to such a claim is given by law the same rights
of appeal as are accorded generally to parties to civil proceedings in
that Court sitting as a court of original jurisdiction.

۲.
Nothing in this Article shall be construed as affecting the making or
operation of any law so far as it provides for the taking of possession
or acquisition of property-

a. in satisfaction of any tax, rate or due;

b.
by way of penalty for breach of the law, whether under civil process or
after conviction of a criminal offence under the law of The Bahamas;

c. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

d. upon the attempted removal of the property in question out of or into The Bahamas in contravention of any law;

e. by way of the taking of a sample for the purposes of any law;

f. where the property consist of an animal upon its being found trespassing or straying;

g. in the execution of judgments or orders of courts;

h. by reason of its being in a dilapidated or dangerous state of injurious to the health of human being, animals or plants;

i.
in consequence of any law making provision for the validation of titles
to land of (without prejudice to the generality of the foregoing words)
the confirmation of such titles, or for the extinguishment of adverse
claims, or with respect to prescription or the limitation of actions,

j.
for so long only as may be necessary for the purposes of any
examination, investigation, trial or inquiry or, in the case of land,
the carrying out thereon-

i. i. of work or reclamation, drainage, soil conservation or the conservation of other natural resources; or

ii.
of agricultural development or improvement that the owner or occupier
of the land has been required, and has without reasonable and lawful
excuse, refused or failed to carry out; or

k. to the extent
that the law in question makes provision for the vesting or taking of
possession or acquisition or administration of- enemy property;

i.
property of a deceased person, a person of unsound mind of a person who
has not attained the age of twenty-one years, for the purpose of its
administration for the benefit of the persons entitled to the
beneficial interest therein;

ii. property of a person adjudged
insolvent or a defunct company that has been struck off the Register of
Companies, of a body corporate in liquidation, for the purpose of its
administration for the benefit of the creditors of that insolvent
person or body corporate and, subject thereto, for the benefit of other
person entitled to the beneficial interest in the property; or

iii.
property subject to a trust, for the purpose of vesting the property in
person appointed as trustees under the instrument creating the trust or
by a court or, by order of a court, for the purpose of giving effect to
the trust.

۳. Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this Article to the extent that the law in question makes provision for
the orderly marketing or production or growth or extraction of any
agricultural or fish product or mineral or water or any article or
thing prepared for market or manufactured therefore of for the
reasonable restriction of the use of any property in the interest of
safeguarding the interests of others or the protection of tenants,
licensees or others having rights in or over such property.

۴.
Nothing contained in or done under that authority of any law shall be
held to be inconsistent with or in contravention of this Article to the
extent that the law in question makes provision for the compulsory
taking possession in the public interest of any property, or the
compulsory acquisition in the public interest or right is held by a
body corporate established directly by law for public purpose in which
no monies have been invested other than monies provided by Parliament
or by any Legislature established for the former Colony of the Bahamas
Islands.


۲۸. Enforcement of fundamental rights.


۱.
If any person alleges that any of the provisions of Articles ۱۶ to ۲۷
(inclusive) of this Constitution has been, is being of is likely to be
contravened in relation to him then, without prejudice to any other
action with respect to the same matter which is lawfully available,
that person may apply to the Supreme Court for redress.

۲. The Supreme Court shall have original jurisdiction-

a. to hear and determine any application made by any person in pursuance of paragraph (۱) of this Article; and

b.
to determine any question arising in the case of any parson which is
referred to it in pursuance of paragraph (۳) of this Article,

c.
and may make such orders, issue such writs and give such directions as
it may consider appropriate for the purpose of enforcing or securing
the enforcement of any of the provisions of the said Articles ۱۶ to ۲۷
(inclusive) to the protection of which the person concerned is
entitled:

Provided that the Supreme Court shall not exercise
its power under this paragraph if it is satisfied that adequate means
of redress are or have been available to the person concerned under any
other law.

۳. If, in any proceedings in any court established
for The Bahamas other than the Supreme Court or the Court of Appeal,
any question arises as to the contravention of any of the provisions of
the said Articles ۱۶ to ۲۷ (inclusive), the court in which the question
to the Supreme Court.

۴ No law shall make provision with
respect to rights of appeal from any determination of the Supreme Court
in pursuance of this Article that is less favorable to any party
thereto than the rights of appeal from determinations of the Supreme
Court that are accorded generally to parties to civil proceedings in
that Court sitting as a court or original jurisdiction.

۵.
Parliament may make laws to confer upon the Supreme Court such
additional or supplementary powers as may appear to be necessary or
desirable for enabling the Court more effectively to exercise the
jurisdiction conferred upon it by paragraph (۲) of this Article and may
make provision with respect to the practice and procedure of the Court
while exercising that jurisdiction.


۲۹. Provisions for time of war or emergency.


۱. This Article applies to any period when-

a. The Bahamas is at war; or

b.
there is in force a proclamation (in this section referred to as a
"proclamation of emergency") made by the Governor-General and published
in the Gazette declaring that a state of public emergency exists for
the purposes of this section.

۲. Nothing contained in or done
under that authority of any law shall be held to be inconsistent with
or in contravention of Article ۱۹, any provision of Article ۲۰ other
than paragraph (۴) thereof, or any provision of Article ۲۱ to ۲۶
(inclusive) of this Constitution to the extent that the law in Question
makes in relation to any period to which this Article applies
provision, or authorizes the doing during any such period of anything,
which is reasonably justifiable in the circumstances of any situation
or existing during that period for the purpose of dealing with that
situation.

۳. Where any proclamation of emergency has been
made, copies thereof shall as soon as practicable be laid before both
Houses of Parliament, and if for any cause those Houses are not due to
meet within five days the Governor-General shall, by proclamation
published in the Gazette, summon them to meet within five days and they
shall accordingly meet and sit upon the day appointed by the
proclamation and shall continue to sit and act as if they had stood
adjourned or prorogued to that day:

provided that if the
proclamation of emergency is made during the period between a
dissolution of Parliament and the next ensuing general election-

a.
the Houses to be summoned as aforesaid shall be the Houses referred to
in Article ۶۶ of this Constitution unless the Governor-General is
satisfied that it will be practicable to hold that election within
seven days of the making of the proclamation of emergency; and

b.
if the Governor-General is so satisfied, he shall (instead of summoning
the House so referred to meet within five days of the making of the
proclamation ) summon the Houses of the new Parliament to meet as soon
as practicable after the holding of that election.

۴. A
proclamation of emergency shall, unless it is sooner revoked by the
Governor-General, cease to be in force at the expiration of a period of
fourteen days beginning on the date on which it was made or such longer
period as may be provided under paragraph (۵) of this Article, but
without prejudice to the making of another proclamation of emergency at
or before the end of that period.

۵. If at any time while a
proclamation of emergency is in force (including any time while it is
in force by virtue of the provisions of this paragraph) a resolution is
passed by each House of Parliament approving its continuance in force
for a further period, not exceeding six months, beginning on the date
on which it would otherwise expire, the proclamation shall, if not
sooner revoked, continue in force for that further period.


۳۰. Saving of existing law.


۱.
Subject to paragraph (۳) of this Article, nothing contained in or done
under the authority of any written law shall be held to be inconsistent
with or in contravention of any provision of Articles ۱۶ to ۲۷
(inclusive) of this Constitution to the extent that the law in
question-

a. is a law (in this Article referred to as "an
existing law") that was enacted or made before ۱۰th July ۱۹۷۳ and has
continued to be part of the law of The Bahamas at all times since that
day;

b. repeals and re-enacts an existing law without alteration; or

c.
alters an existing law and does not thereby render that law
inconsistent with any provision of the said Articles ۱۶ to ۲۷
(inclusive) in a manner in which, or to an extent to which, it was not
previously so inconsistent.

۲. In sub-paragraph (۱)(c) of this
Article the reference to altering an existing law includes references
to repealing it and re-enacting it with modifications or making
different provisions in lieu thereof, and to modifying it; and in
paragraph ۸۱) of this Article "written law" includes any instrument
having the force of law and in this paragraph and the said paragraph
(۱) references to the repeal and re-enactment of an existing law shall
be construed accordingly.

۳. This Article does not apply to
any regulation or other instrument having legislative effect made, or
to any executive act done, after ۹th July ۱۹۷۳ under the authority of
any such law as is mentioned in paragraph (۱) of this Article.


۳۱. Interpretation.


۱. In this Chapter-

"contravention",
in relation to any requirement, includes a failure to comply with that
requirement; and cognate expressions shall be construed accordingly;

"court"
means any court of law having jurisdiction in The Bahamas other than a
court established by a disciplinary law, and includes the Judicial
Committee of Her Majesty"s Privy Council or any court substituted
therefore by any law made under Article ۱۰۵ of this Constitution and-

a.
In Article ۱۶, Article ۱۸, Article ۱۹, paragraphs (۲), (۳), (۵), (۸),
(۹) and (۱۰) of Article ۲۶ and paragraph (۳) of Article ۲۸ of this
Constitution includes, in relation to an offence against a disciplinary
law, a court established by such a law; and

b. In Article ۱۸,
Article ۱۹ and paragraph (۳) of Article ۲۸ of this Constitution
includes, in relation to an offence against a disciplinary law, any
person or authority empowered to exercise jurisdiction in respect of
that offence;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means-

a. a naval, military or air force;

b. the Police Service of The Bahamas; or

c. the Prison Service of The Bahamas; or

d. any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter;

"legal representative" means a person entitled to practice in The Bahamas as Counsel and Attorney of the Supreme Court;

"member"
in relation to a disciplined force includes any person who, under the
law regulating the discipline of that force, is subject to that
discipline.

۲. Any reference in Articles ۱۶, ۱۹, ۲۵ and ۲۷ of
this Constitution to a criminal offence shall be construed as including
an offence against disciplinary law, and any such reference in
paragraphs (۲) to (۷) (inclusive) of Article ۲۰ of this Constitution
shall, in relation to proceedings before a court constituted by or
under disciplinary law, be construed in the same manner.

۳. In
relation to any person who is a member of a disciplined force raise
under a law of any country other than The Bahamas and lawfully present
in The Bahamas, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent, with
or in contravention of any of the provisions of this Chapter.


CHAPTER IV THE GOVERNOR-GENERAL

۳۲. Establishment of office of Governor-General.


There
shall be a Governor-General of The Bahamas who shall be appointed by
Her Majesty and shall hold office during Her Majesty"s pleasure and who
shall be Her Majesty"s representative in The Bahamas.


۳۳. Acting Governor-General.


۱.
Whenever the office of Governor-General is vacant of the holder of the
office is absent from The Bahamas or is for any other reason unable to
perform the functions of his office, those functions shall be
performed-

a. by any person for the time being designated by
her Majesty in that behalf who is in The Bahamas and able to perform
those functions; or

b. at any time when there is no person in
The Bahamas so designated and able to perform those functions, by the
holder of the office of Chief Justice; or

c. at any time
referred to in sub-paragraph (b) of this paragraph when the office of
Chief Justice is vacant or the holder thereof is absent from The
Bahamas or is for any other reason unable to perform those functions,
by the President of the Senate.

۲. The holder of the office of
Governor-General or any person designated under sub-paragraph (۱)(a) of
this Article or by sub-paragraph (۱)(b) of this Article shall not, for
the purposes of this Article, be regarded as absent from The Bahamas or
as unable to perform the function of the office of Governor-General at
any time when there is a subsisting appointment of a deputy under
Article ۳۴ of this Constitution.


۳۴. Deputy to Governor-General.


۱. Whenever the Governor-General-

a. has occasion to be absent from The Bahamas for a period which he has reason to believe will be of short duration; or

b. is suffering from an illness that he has reason to believe will be of short duration,

c.
he may, acting in accordance with the advice of the Prime Minister, by
instrument under the Public Seal, appoint any person in The Bahamas to
be his deputy during such absence or illness and in that capacity to
perform on his behalf such of the function of the office of
Governor-General as may be specified in that instrument.

۲.
The power and authority of the Governor-General shall nor be abridged,
altered or in any way affected by the appointment of a deputy under
this Article, and in the exercise of any function that is exercisable
by the Governor-General acting in accordance with his own deliberate
judgment or after consultation with any person or authority a deputy
shall conform to and observe any instructions that the
Governor-General, acting in like manner, may address to him; Provided
that the question whether or not a deputy has conformed to or observed
any such instruction shall not be inquired into in any court.

۳.
A person appointed as a deputy under this Article shall hold that
appointment for such period as may be specified in the instrument by
which he is appointed, and his appointment may be revoked at any time
by the Governor-General acting in accordance with the advice of the
Prime Minister.


۳۵. Personal staff of Governor-General.


۱.
Parliament may prescribe the offices that are to constitute the
personal staff of the Governor-General, the salaries and allowances
that are to be paid in respect of the expenditure attaching to the
office of Governor-General.

۲. Any salaries or other sums
prescribed under paragraph (۱) of this Article are hereby charged on
and shall be paid out of the Consolidated Fund.

Subject to the
provisions of paragraph (۴) of this Article, power to make appointments
to the offices for the time being prescribed under paragraph (۱) of
this Article as offices that are to constitute the personal staff of
the Governor-General, and to remove and to exercise disciplinary
control over persons holding or acting in any such office, is hereby
vested in the Governor-General acting in accordance with his own
deliberate judgment.

۳. The Governor-General, acting in
accordance with his own deliberate judgment, may appoint to any of the
offices prescribed under paragraph (۱) of this Article such public
officers as he may select from a list submitted by the Public Service
Commission, but-

a. the provisions of paragraph (۳) of this
Article shall apply in relation to an officer so appointed as respects
his service on the personal staff of the Governor-General but not as
respects his service as a public officer;

b. an officer so
appointed shall not during, continuance on the personal staff of the
Governor-General, perform the functions of any public office; and

c.
an officer so appointed may at any time be appointed by the
Governor-General, if the Public Service Commission so recommend, to
assume or resume the function of a public office and he shall thereupon
vacate his office on the personal staff of the Governor-General, but
the Governor-General may, in his own deliberate judgment, decline to
release the officer for that appointment.

۴. All offices
prescribed under paragraph (۱) of this Article as offices that are to
constitute the personal staff of the Governor-General shall, for the
purposes of Chapter VIII, be deemed to be public offices.


۳۶. Public Seal.


The Governor-General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.


۳۷. Oaths to be taken by Governor-General.


A
person appointed to the office of Governor-General or assuming the
functions of that office under Article ۳۳ of this Constitution shall,
before entering upon the duties of that office, take and subscribe the
oath of allegiance and an oath for the due execution of the office of
Governor-General in such form as is prescribed by any law in force in
The Bahamas, such oaths being administered by the Chief Justice of such
other Justice of the Supreme Court as may be designated by the Chief
Justice.


CHAPTER V PARLIAMENT

Part ۱ Composition of Parliament


۳۸. Establishment of Parliament.


There shall be a Parliament of The Bahamas which shall consist of Her majesty, a Senate and a House of Assembly.


Part ۲ The Senate


۳۹. Composition of Senate.


۱.
The Senate shall consist of sixteen members (in this Constitution
referred to as "Senators") who shall be appointed by the
Governor-General by instrument under the Public Seal in accordance with
the provisions of this Article.

۲. Nine Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.

۳.
Four Senators shall be appointed by the Governor-General acting in
accordance with the advice of the Leader of the Opposition.

۴.
Three Senators shall be appointed by the Governor-General acting in
accordance with the advice of the Prime Minister after consultation
with the Leader of the Opposition.

۵. Whenever any person
vacates his seat as a Senator for any reason other than a dissolution
of Parliament, the Governor-General shall as soon as practicable
appoint a person to fill the vacancy under the same provisions of this
Article as those under which the person whose seat has became vacant
was appointed.


۴۰. Purpose of appointment of certain Senators.


In
the exercise of the functions conferred upon him by Article ۳۹(۴) of
this Constitution, the purpose of the Prime Minister shall be to secure
that the political balance of the Senate reflects that of the House of
Assembly at the time.


۴۱. Qualification for appointment as Senator.


Subject
to the provisions of Article ۴۲ of this Constitution, a person shall be
qualified to be appointed as a Senator if, and shall not be qualified
to be so appointed unless, he is a citizen of The Bahamas, of the age
of thirty years or upwards and has ordinarily resided in The Bahamas
for a period of nor less tan one year immediately before the date of
his appointment.


۴۲. Disqualification for appointment as Senator.


۱. No person shall be qualified to be appointed as a Senator who-

a. is a citizen of a country other than The Bahamas having become such a citizen voluntarily;

b. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

c.
is disqualified for membership of the Senate by any law in force in The
Bahamas enacted in pursuance of paragraph (۲) of this Article;

d. is a member of the House of Assembly;

e. has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

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

g.
is under sentence of death imposed on him by a court in The Bahamas, or
is serving a sentence of imprisonment (by whatever name called)
exceeding twelve months imposed on him by such a court or substituted
by competent authority for some other sentence imposed on him by such a
court, or is under such a sentence of imprisonment the execution of
which has been suspended;

h. is disqualified for membership of
the House of Assembly by virtue of any law in force in The Bahamas by
reason of his having been convicted of any offence relating to
elections; or

i. is interested in any government contract and
has not disclosed to the Governor-General the nature of such contract
and of his interest therein.

۲. Parliament may by law provide
that, subject to such exceptions and limitations (if any) as may be
prescribed therein, a person shall be disqualified for membership of
the Senate by virtue of-

a. his holding or acting in any
office or appointment specified (either individually or by reference to
a class of office or appointment) by such law;

b. his
belonging to any armed force of The Bahamas or to any class of person
so specified that is comprised in any such force; or

c. his belonging to any police force of The Bahamas or to any class of person so specified that is comprised in any such force.

۳. For the purposes of sub paragraph (۱)(g) of this Article-

a.
two or more sentences of imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those
sentences exceeds twelve months, but if any one of such sentence
exceeds that term they shall be regarded as one sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.


۴۳. Tenure of office of Senators.


۱. The seat of a Senator shall became vacant-

a. upon the next dissolution of Parliament after he has been appointed;

b.
if he resigns by writing under his hand addressed to the President of
the Senate, or, if the office of President is vacant of the President
is absent from The Bahamas, to the Vice-President;

c. if, with his consent, he is nominated as a candidate for election to the House of Assembly;

d.
if he is absent from The Bahamas for a period exceeding forty days at
any time when the Senate is sitting, without the leave of the President
given in accordance with the provisions of paragraph (۲) of this
Article;

e. if he ceases to be a citizen of The Bahamas;

f.
subject to the provisions of paragraph (۳) of this Article, if any
circumstances arise that, if he were not a Senator, would cause him to
be disqualified for appointment as such by virtue of sub-paragraph (a),
(b), (c), (e), (f), (g) or (h) of Article ۴۲(۱) of this Constitution or
of any law enacted in pursuance of Article ۴۲(۲) of this Constitution;

g.
in the case of a Senator who was appointed as such in accordance with
the advice of the Prime Minister or in accordance with the advice of
the Leader of the Opposition or on the advice of the Prime Minister
after consultation with the Leader of the Opposition, if the
Governor-General, acting in accordance with the advice of the Prime
Minister or in accordance with the advice of the Leader of the
Opposition or on the advice of the Prime Minister after consultation
with the Leader of the Opposition, as the case may be, by instrument
under the Public Seal, declares the seat of that Senator to be vacant;
or

h. if he becomes interested in any government contract:


Provided that-

i.
if in the circumstances it appears to the Senate to be just so to do,
the Senate may exempt any Senator from vacating his seat under the
provisions of this sub-paragraph, if that Senator, before becoming
interested in such contract as aforesaid or as soon as practicable
after becoming so interested, discloses to the Senate the nature of
such contract and his interest therein;

ii. if proceedings are
taken under a law made under Article ۴۵ of this Constitution to
determine whether a Senator has vacated his seat under the provisions
of this sub-paragraph he shall be declared by the court not to have
vacated his seat if he establishes to the satisfaction of the court
that he, acting reasonably, was not aware that he was or had become
interested in such contract; and

iii. no proceedings under the
preceding sub-paragraph shall be instituted by any person other than a
Senator or Member of the House of Assembly.


۲. The
President of the Senate may grant leave to any Senator to be absent
from The Bahamas for any period not exceeding six months at any one
time.

۳. If the circumstances such as are referred to in
sub-paragraph (۱)(f) of this Article arise because a Senator is under
sentence of death or imprisonment, adjudged to be of unsound mind,
declared bankrupt or convicted or reported guilty of a corrupt or
illegal practice at elections and if it is open to the Senator to
appeal against the decision (either with the leave of a court of other
authority or without such leave), he shall forthwith cease to perform
his functions as a senator but, subject to paragraph (۴) of this
Article, he shall not vacate his seat until the expiration of a period
of thirty days thereafter:

Provided that the President of the
Senate may, at the request of the said Senator, from time to time
extend that period for further periods of thirty days to enable the
Senator to pursue an appeal against the decision, so, however, that
extensions of time exceeding in the aggregate one hundred and fifty
days shall not be given without the approval signified by resolution,
of the Senate.

۴. If, on the determination of any appeal, such
circumstances continue to exist and no further appeal is open to the
Senator, or if, by reason of the expiration of any period for entering
an appeal or notice thereof or the refusal of leave to appeal of for
any other reason, it ceases to be open to the Senator to appeal, he
shall forthwith vacate his seat.

۵. If at any time before the
Senator vacates his seat such circumstances as aforesaid cease to
exist, his seat shall not become vacant on the expiration of the period
referred to in paragraph (۳) of this Article and he may resume the
performance of his functions as a Senator.


۴۴. President and Vice-President.


۱.
When the Senate first meets after this Constitution comes into
operation or after any general election and before it proceeds to the
dispatch of any other business, the Senate shall, in accordance with
such procedure as may be prescribed by the rules of procedure of the
Senate, elect a Senator to be President of the Senate; and, if the
office of President falls vacant at any time, the Senate shall, as soon
as practicable, proceed in like manner to fill the vacant office.

۲.
When the Senate first meets after this Constitution comes into
operation or after any general election and before it proceeds to the
dispatch of any other business except the election of the President it
shall elect a Senator to be Vice-President of the Senate; and if the
office of Vice-President falls vacant at any time, the Senate shall, as
soon as practicable, elect a Senator to that office.

۳. The
Senate shall not elect a Senator who is a Minister or Parliamentary
Secretary to be the President or Vice-President of the Senate.

۴. A person shall vacate the office of President or Vice-President of the Senate-

a. if he ceases to be a Senator;

b. if he is appointed to be a Minister or Parliamentary Secretary;

c.
if he announces the resignation of his office to the Senate or if, by
writing under his hand addressed, in the case of the President, to the
President (or, if the office of President is vacant of the President is
absent from The Bahamas, to the Clerk), he resigns that office; or

d. in the case of the Vice-President, if he is elected to be President.

۵.
If, by virtue of Article ۴۳(۳) of this Constitution, the President or
Vice-President is required to cease to perform his functions as a
Senator he shall also cease to perform his functions as President or
Vice-President, as the case may be, and those functions shall, until he
vacates his seat in the Senate or resumes the performance of the
functions of his office, be performed-

a. in the case of the
President, by the Vice-President or, if the office of Vice-President is
vacant or the Vice-President is required to cease to perform his
functions as a Senator by virtue of Article ۴۳(۳) of this Constitution,
by such Senator (not being a Minister or Parliamentary Secretary) as
the Senate may elected for the purpose;

b. in the case of the
Vice-President, by such Senator (not being a Minister or Parliamentary
Secretary) as the Senate may elect for the purpose.

۶. If the
President or Vice-President resumes the performance of his functions as
a Senator in accordance with the provisions of Article ۴۳(۵) of this
Constitution, he shall also resume the performance of his functions as
President or Vice-President, as the case may be.


۴۵. Determination of questions as to membership.


۱. The Supreme Court shall have jurisdiction to hear and determine any question whether-

a. any person has been validly appointed as a Senator; or

b.
any Senator has vacated his seat or is required under Article ۴۳(۳) of
this Constitution to cease to perform his functions as a Senator.

۲.
Subject to the following provisions of this Article and to the
provisions of Article ۴۳(۱) of this Constitution, Parliament may by law
make provision with respect to-

a. the institution of proceedings for the determination of any question referred to in paragraph (۱) of this Article; and

b. the powers, practice and procedure of the Supreme Court in relation to any such proceedings.

۳.
Proceedings for the determination of any question referred to in
paragraph (۱) of this Article shall not be instituted except with the
leave of a Justice of the Supreme Court.

۴. No appeal shall
lie from the decision of a Justice of the Supreme Court granting or
refusing leave to institute proceedings in accordance with paragraph
(۳) of this Article.



Part ۳ House of Assembly


۴۶. Composition of House of Assembly.


۱.
The House of Assembly shall consist of thirty-eight members or such
greater number of members as may be specified by an Order made by the
Governor-General in accordance with the provisions of Article ۷۰ of
this Constitution.

۲. The members of the House shall be known as "Members of Parliament" and shall be

persons
who, being qualified for election as Members of Parliament in
accordance with the provisions of this Constitution, have been so
elected in the manner provided by any law in force in The Bahamas.


۴۷. Qualifications for membership of House of Assembly.


Subject
to the provisions of Article ۴۸ of this Constitution a person shall be
qualified to be elected as a member of the House of Assembly if, and
shall not be qualified to be so elected unless, he-

a. is a citizen of The Bahamas of the age of twenty-one years or upwards; and

b.
has ordinarily resided in The Bahamas for a period of not less than one
year immediately before the date of his nomination for election.


۴۸. Disqualification for election as members of House of Assembly.


۱. No person shall be qualified to be elected as a member of the House of Assembly who-

a. is a citizen of a country other than The Bahamas having become such a citizen voluntarily;

b. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

c. is disqualified for membership of the House of Assembly by any law enacted in pursuance of paragraph (۲) of this Article;

d. has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

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

f.
is under sentence of death imposed on him by a court in The Bahamas, or
is serving a sentence of imprisonment (by whatever name called)
exceeding twelve months imposed on him by such a court or substituted
by competent authority for some other sentence imposed on him by such a
court, or is under such a sentence of imprisonment the execution of
which has been suspended;

g. is disqualified for membership of
the House of Assembly by any law in force in The Bahamas by reason of
his holding, or acting in, any office the function of which involve-

i. any responsibility for, or in connection with, the conduct of any election; or

ii. any responsibility for the compilation or revision of any electoral register;

h.
is disqualified for membership of the House of Assembly by virtue of
any law in force in The Bahamas by reason of his having been convicted
of any offence relating to elections;

i. is a Senator; or

j.
is interested in any government contract and has not disclosed the
nature of such contract and of his interest therein by publishing a
notice in the Gazette within one month before the day of election.

۲.
Parliament may by law provide that, subject to such exceptions and
limitations (if any) as may be prescribed therein, a person shall be
disqualified for member ship of the House of Assembly by virtue of-

a.
his holding or acting in any office or appointment specified (either
individually or by reference to a class of office or appointment) by
such law;

b. his belonging to any armed force of The Bahamas
or to any class or person so specified that is comprised in any such
force; or

c. his belonging to any police force or to any class of person that is comprised in any such force.

۳. For the purposes of sub-paragraph (۱)(f) of this Article-

a.
two or more sentences of imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those
sentence exceeds twelve months, but if any one of such sentences
exceeds that term they shall be regarded as one sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.


۴۹. Tenure of office of members of House of Assembly.


۱. Every member of the House of Assembly shall vacate his seat in the House

a. upon a dissolution of Parliament;

b.
if he resigns it by writing under his hand addressed to the Speaker or,
if the office of Speaker is vacant or the Speaker is absent from The
Bahamas, to the Deputy Speaker;

c. if he is absent from the
sitting of the House for such period and in such circumstances as may
be prescribed in the rules of procedure of the House;

d. if he ceases to be a citizen of The Bahamas;

e.
subject to the provisions of paragraph (۲) of this Article, if any
circumstances arise that, if he were not a member of the House, would
cause him to be disqualified for election as such by virtue of
sub-paragraph (a), (b), (c), (d), (e), (f), (g), or (h) of Article
۴۸(۱) of this Constitution; or

f. if he becomes interested in any government contract:

Provided that-

i.
if in the circumstances it appears to the House or Assembly may exempt
any member of the House from vacating his seat under the provisions of
this sub-paragraph, if that member, before becoming interested in such
contract as aforesaid or as soon as practicable after becoming so
interested, discloses to the House the nature of such contract and his
interest therein;

ii. if proceedings are taken under a law
made under Article ۵۱ of his Constitution to determine whether a member
of the House has vacated his seat under the provisions of this
sub-paragraph he shall be declared by the court not to have vacated his
seat if he establishes to the satisfaction of the court that he, acting
reasonably, was not aware that he was or had become interested in such
contract; and

iii. no proceedings under the preceding
sub-paragraph shall be instituted by any person other than a Senator or
member of the House of Assembly.

۲. If circumstances such as
are referred to in sub-paragraph (۱)(e) of this Article arise because
any member of the House is under sentence of death or imprisonment,
declared bankrupt, adjudged to be of unsound mind or convicted of a
offence relating to election and it is open to the member to appeal
against the decision (either with the leave of a court or other
authority or without such leave), he shall forthwith cease to perform
his function as a member of the House but, subject to paragraph (۳) of
this Article, he shall not vacate his seat until the expiration of a
period of thirty days thereafter:

Provided that the Speaker
may, at the request of the member, from time to time extend that period
for further periods of thirty days to enable the member to pursue an
appeal against the decision, so, however, that extensions of time
exceeding in the aggregate one hundred any fifty days shall not be
given without the approval, signified by resolution, of the House of
Assembly.

۳. If, on the determination any appeal, such
circumstances continue to exist and no further appeal is open to the
member, or if, by reason of the expiration of any period for entering
an appeal or notice thereof or the refusal of leave to appeal or of any
other reason, it ceases to be open to the member to appeal, he shall
forthwith vacate his seat.

۴. If at any time before the ember
vacates his seat such circumstances as aforesaid cease to exist, his
seat shall not become vacant on the expiration of the period referred
to in paragraph ۸۲) of this Article and he may resume the performance
of his function as a member of the House.


۵۰. Speaker and Deputy Speaker.


۱.
When the House of Assembly first meets after any general election and
before it proceeds to the dispatch of any other business, the House
shall, in accordance with such procedure as may be prescribed by the
rules of procedure of the House, elect from among the members who are
not Ministers or Parliamentary Secretaries one member to be the Speaker
of the Assembly and another member to be Deputy Speaker; and, if the
office of Speaker or Deputy Speaker falls vacant at any time before the
next dissolution of the House of Assembly, the House shall, as soon as
practicable, proceed in like manner to fill the vacant office.

۲. A person shall vacate the office of Speaker or Deputy Speaker-

a. if he ceases to be a member of the House of Assembly:

b.
Provided that the Speaker shall to vacate his office by reason only
that he has ceased to be a member on a dissolution of Parliament, until
the House of Assembly first meets after that dissolution;

c. if he is appointed to be a Minister or Parliamentary Secretary;

d.
if he announces the resignation f his office to the House of Assembly
or if, by writing under his hand addressed, in the case of the Speaker,
to the Clerk of the House and, in the case of the Deputy Speaker, to
the Speaker (or if the office of Speaker is vacant or the Speaker is
absent from The Bahamas, to the Clerk),he resigns that office; or

e. in the case of the Deputy Speaker, if he is elected to be Speaker.


۳.
If by reason of Article ۴۹(۲) of this Constitution the Speaker or
Deputy Speaker is required to cease to perform his functions as a
member of the House of Assembly, he shall also cease to perform his
function as Speaker or Deputy Speaker and those functions shall, until
he vacates his seat in the House or resumes the performance of the
functions to his office, be performed-

a. in the case of the
Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is
vacant or the Deputy Speaker is required to cease to perform his
functions as a member of the House of Assembly by virtue of Article
۴۹(۲) of this Constitution, by such member (not being a Minister or
Parliamentary Secretary) as the House may elect for the purpose;

b.
in the case of the Deputy Speaker, by such member (not being a Minister
or Parliamentary Secretary) as the House may elect for the purpose.

۴.
If the Speaker or Deputy Speaker resumes the performance of his
functions as a member of the House in accordance with the provisions of
Article ۴۹(۴) of this Constitution, he shall also resume the
performance of his functions as Speaker or Deputy Speaker, as the case
may be.

۵۱. Determination of questions as to membership.


۱.
An Election Court, consisting of two Justices to the Supreme Court
appointed by the Chief Justice or, if for any reason two such Justices
are not available, one such Justice and the Chief Magistrate or a
Stipendiary and Circuit Magistrate appointed by the Chief Justice,
shall have jurisdiction to hear and determine any question whether-

a. any person has been validly elected as a member of the House of Assembly; or

b.
any member of the House of Assembly has vacated his seat or is
required, under the provisions of Article ۴۹(۲) of this Constitution,
to cease to perform his functions as a member.

۲. Subject to
the following provisions of this Article and to the provisions of
Article ۴۹(۱) of this Constitution, Parliament may make or provide for
the making or provision, with respect to-

a. the institution of proceedings for the determination of any question referred to in paragraph (۱) of this Article; and

b. the powers, practice and procedure of an Election Court in relation to any such proceedings.

۳. The determination by an Election Court of any question referred to in paragraph (۱) of this Article shall be final.

۴.
Proceedings for the determination of any question referred to in
paragraph (۱) of this Article shall not be instituted except with the
leave of a Justice of the Supreme Court.

۵. An appeal shall
lie to the Court or Appeal on a point of law from the decision of a
Justice of the Supreme Court granting or refusing leave to institute
proceedings in accordance with this Article , but, subject as
aforesaid, that decision shall be final.


Part ۴ Powers and Procedure of Parliament


۵۲.

۱.
Subject to the provisions of this Constitution, Parliament may make
laws for the peace, order and good government of The Bahamas.

۲.
Subject to the provisions of Articles ۶۰, ۶۱ and ۶۲ of this
Constitution, the power of Parliament to make laws shall be exercised
by Bills passed by both Houses, either without amendment or with such
amendments only as are agreed to by both Houses, and assented to by the
Governor General in accordance with Article ۶۳ of this Constitution.


۵۳. Privileges of Parliament.


۱.
Without prejudice to the generality of Article ۵۲(۱) of this
Constitution and subject to the provisions of paragraph (۲) of this
Article, Parliament may by law determine the privileges, immunities and
powers of the Senate and the House of Assembly and the members thereof.


۲. No process issued by any court in the exercise of its civil
jurisdiction shall be served or executed within the precincts of the
Senate of the House of Assembly while it is sitting, or through the
President or the Speaker, the Clerk or any other officer of either
House.


۵۴. Alteration of this Constitution.


۱.
Subject to the provisions of this Article, Parliament may, bay an Act
of Parliament passed by both Houses, alter any of the provisions of
this Constitution or (in so far as it forms part of the law of the
Bahamas) any of the provisions of The Bahamas Independence Act, ۱۹۷۳.

۲. In so far as it alters-

a.
Articles ۳۲, ۳۳, ۳۴, ۳۵, ۴۱, ۴۲, ۴۳, ۴۷, ۴۸, ۴۹, ۷۹, ۱۰۷, ۱۰۸, ۱۰۹,
۱۱۰, ۱۱۱, ۱۱۲, ۱۱۳, ۱۱۴, ۱۱۵, ۱۱۶, ۱۱۷, ۱۱۸, ۱۱۹, ۱۲۰, ۱۲۱, ۱۲۲, ۱۲۳,
۱۲۴, ۱۲۵, ۱۲۶, ۱۲۸, ۱۲۹, ۱۳۰, ۱۳۱, ۱۳۲, ۱۳۳, ۱۳۴, ۱۳۵, or ۱۳۶ of this
Constitution; or

b. Articles ۱۲۷ or ۱۳۷ of this Constitution
in their application to any of the provisions specified in
sub-paragraph (a) of this paragraph Bill for an Act of Parliament under
this Article shall not be passed by Parliament unless:-

i. at
the final voting thereon in each House it is supported by the votes of
not less than two-thirds of all the members of each House, and

ii.
the Bill, after its passage through both Hose, has been submitted to
the electors qualified to vote for the election of members of the House
of Assembly and, on a vote in such manner as Parliament may prescribe
the majority of the electors voting have approved the Bill.

۳. In so far as it alters-

a. this Article;

b.
Articles ۲, ۳, ۴, ۵, ۶, ۷, ۸, ۹, ۱۰, ۱۱, ۱۲, ۱۳, ۱۴, ۱۵, ۱۶, ۱۷, ۱۸,
۱۹, ۲۰, ۲۱, ۲۲, ۲۳, ۲۴, ۲۵, ۲۶, ۲۷, ۲۸, ۲۹, ۳۰, ۳۱, ۳۸, ۳۹, ۴۰, ۴۵, ۴۶,
۵۱, ۵۲, ۶۰, ۶۱, ۶۲, ۶۵, ۶۶, ۶۷, ۶۸, ۶۹, ۷۰, ۷۱, ۷۲, ۹۳, ۹۴, ۹۵, ۹۶, ۹۷,
۹۸, ۹۹, ۱۰۰, ۱۰۱, ۱۰۲, ۱۰۳, ۱۰۴, or ۱۰۵ of this Constitution; or

c.
Articles ۱۰۶, ۱۲۷ or ۱۳۷ of this Constitution in their application to
any of the provisions specified in sub-paragraphs (a) or (b) of this
paragraph; or

d. any of the provision of the Bahamas Independence Act ۱۹۷۳, a Bill for an Act of

Parliament under this Article shall not be passed by Parliament unless: -

i.
at the final voting thereon in each House it is supported by the votes
of nor less than three-quarters of all the members of each House, and

ii.
the Bill, after its passage through both Houses has been submitted to
the electors qualified to vote for the elections of members of the
House of Assembly and, on a vote taken in such manner as Parliament may
prescribe the majority of the electors voting have approved the Bill.

۴. In this Article-

a.
references to any of the provisions of this Constitution or the Bahamas
Independence Act ۱۹۷۳ include references to any law that amends or
replaces that provision; and

b. references to the alteration
of any of the provisions of this Constitution or The Bahamas
Independence Act ۱۹۷۳ include references to he amendment, modification
or re-enactment with of without amendment or modification, of that
provision, the suspension or repeal of that provision and the making of
a different provision in lieu of that provision,

۵. No Act of
Parliament shall be construed as altering this Constitution unless it
is stated in the Act that it is an Act for that purpose.


۵۵. Regulation of procedure in Parliament.


۱.
Subject to the provisions of this Constitution, each House may regulate
its own procedure and for this purpose may make rules of procedure.

۲.
Each House may act notwithstanding any vacancy in its membership, and
the presence or participation of any person not entitled to be present
at or to participate in the proceedings of the House shall to
invalidate those proceedings.


۵۶. Presiding in the Senate and House of Assembly.


۱.
The President of the Senate or, in his absence, the Vice-President or,
if they are both absent, a Senator (not being a Minister or
Parliamentary Secretary) elected by the Senate for that sitting shall
preside at each sitting of the Senate.

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

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


۵۷. Quorum.


۵۷.

۱.
If at any time during a sitting of either House objection is taken by a
member that there is not a quorum present and, after such interval as
may be prescribed by the rules of procedure of that House the person
presiding ascertain that there is still not a quorum present, he shall
thereupon adjourn the Hose.

۲. For the purpose of this Article-

a. a quorum of the Senate shall consist of six Senator including the person presiding; and

b.
a quorum of the House of Assembly shall consist of ten members
including the person presiding, or of such greater number of members as
may be specified by an Order made by the Governor-General in accordance
with the provisions of Article ۷۰ of this Constitution.


۵۸. Voting.


۱.
Save as is 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. The person presiding in either House shall not vote-

a. unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or

b.
except in the case of the final vote on a Bill for an Act of Parliament
under Article ۵۴ of this Constitution in which case he shall have an
original vote.


۵۹. Introduction of Bills, etc.

۵۹.

۱.
Subject to the provisions of this Constitution and of the rules of
procedure of the Senate or the House of Assembly, as the case may be,
any member of either House may introduce any Bill or propose any motion
for debate in, or may present any petition to, that House, and the same
shall be debated and dispose of according to the rules of procedure of
that House.

۲. A bill other than a Money Bill may be introduced in either House, but a Money Bill shall not be introduced in the Senate.

۳. Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not-

a.
proceed upon any Bill (including any amendment to a Bill) which, in the
opinion of the person presiding, makes provision for imposing or
increasing any tax, for imposing any charge on the Consolidated Fund or
any other public fund or altering any such charge otherwise than by
reducing it or for compounding or remitting any debt due to The
Bahamas; or

b. proceed upon any motion (including any
amendment to a motion) the effect of which, in the opinion of the
person presiding, is that provision shall be make for any of the
purposes aforesaid.

۴. The Senate shall not-

a.
proceed upon any Bill, other than a Bill sent from the House of
Assembly, or any amendment to a Bill which, in the opinion of the
Person presiding, makes provisions for imposing or increasing any tax,
for imposing any charge on the Consolidated Fund or any other public
fund or altering any such charge otherwise than by reducing it or for
compounding or remitting any debt due to The Bahamas; or

b.
proceed upon any motion (including any amendment to a motion) the
effect of which, in the opinion of the person presiding, is that
provision shall be made for any of the purposes aforesaid.


۶۰. Restriction on powers of Senate as to Money Bills.


۱.
Subject to the provisions of this Constitution, if a Money Bill, having
been passed by the House of Assembly 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 Assembly otherwise resolves, be present
to the Governor-General for his 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 on any Money Bill that is presented to the Governor-General
for assent in pursuance of paragraph (۱) of this Article the
certificate of the Speaker signed by him that it is a Money Bill and
that the provisions of that paragraph have been complied with.


۶۱. Restriction on powers of Senate as to Bills other than Money Bills.


۱.
If any Bill other than a Money Bill is passed by the House of Assembly
in two successive sessions (whether or not Parliament 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
Assembly 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 paragraph shall not have effect
unless at least nine months have elapsed between the date on which the
Bill is passed by the House of Assembly in the first session and the
date on which it is passed by the House of Assembly in the second
session.

۲. For the purposes of this Article a Bill that is
sent to the Senate from the House of Assembly in any session shall be
deemed to be the same Bill as a former Bill sent tot the Senate in the
preceding session if, when it is sent tot the Senate, it is identical
with the former Bill or contains only such alterations as are certified
by the Speaker to be necessary owing to the time that has elapse 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 Assembly may, if it thinks fit, on the passage through the
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 any such amendments
shall be considered by the Senate, and, if agreed to by the Senate,
shall be treated as amendments made by the Senate and agreed to by the
House of Assembly; but the exercise of this power by the House of
Assembly shall not affect the operation of this Article 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 Article 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 Assembly.

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

۶. The prisons of this Article shall not apply to a Bill
which is required by Article ۵۴ of this Constitution to be passed by
both Hoses.


۶۲. Provisions relating to Articles ۵۹, ۶۰ and ۶۱.


۱.
In Articles ۵۹,۶۰ and ۶۱ 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 the Consolidated Fund or any other public funds
or on monies provided by Parliament or the variation or repeal of any
such charges; the grant of money to the Crow 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, of 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 paragraph the expressions "taxation", "debt", "public fund",
"public money", and "loan" do not include any taxation imposed, debt
incurred, fund or money provided or loan raised by any local authority
or body for local purposes.

۲. For the purposes of Article ۶۱ of this Constitution, a Bill shall be deemed to be rejected by the Senate if- ۱

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 Assembly.


۳.
Whenever the office of Speaker is vacant or the Speaker is for any
reason unable to perform any functions conferred upon him by paragraph
(۱) of this Article or by Articles ۶۰ or ۶۱ of this Constitution, that
function may be performed by the Deputy Speaker.

۴. Any
certificate of the Speaker or Deputy Speaker given under Article ۶۰ or
۶۱ of this Constitution shall be conclusive for all purposes and shall
not be questioned in any court.


۶۳. Assent to Bills.


۱.
A Bill shall not become law until the Governor-General has assented
thereto in Her Majesty"s behalf and has signed it in token of such
assent.

۲. Subject to the provisions of Articles ۶۰ and ۶۱ of
this Constitution, a Bill shall be presented to the Governor-General
for assent if, and shall not be so presented unless, it has been passed
by both Houses either without amendment or without amendment or with
such amendments only as are agreed to by both Houses.

۳. Any
Bill to which Article ۵۴(۲) or (۳) of this Constitution applies shall
be presented to the Governor-General endorsed with certificates of the
requisite majorities in accordance with whichever of those paragraphs
applies to the Bill, and with a certificate of the Parliamentary
Registrar that it has been approved by the majority of the electors
voting on the Bill.

۴. When a Bill is presented to the Governor-General for assent he shall signify that he assents of that he withholds assent.


۶۴. Oaths of allegiance.


No
member of either House shall take part in the proceedings thereof
unless he has taken the oath of allegiance in such manner as is
prescribed by any law in force in The Bahamas:

Provided that
the election of a President of the Senate or the election of a Speaker
of the House of Assembly may take place before the members of the
Senate or the House of Assembly, as the case may be, have taken such
oath.



Part ۵ Summoning, Prorogation and Dissolution


۶۵. Sessions of Parliament.


۱.
Each session of Parliament shall be held at such place and commence at
such time as the Governor-General may by proclamation appoint.

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



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