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'''1.''' (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of _____.
'''1.''' (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of _____.
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(2) The Federal Republic of _____ shall not be governed, nor shall any persons or group of persons take control of the Government of _____ or any part thereof, except in accordance with the provisions of this Constitution.
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(2) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
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(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
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====The Federal Republic of and its territories====
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'''2.''' (1) _____ is one sovereign state to be known by the name of the Federal Republic of _____.
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====The Federal Republic of _____ and its territories====
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(2) _____ shall be a Federation consisting of ten States, that is to say, and the Houghton Capital Territory, hereinafter referred to as the Federal Capital.
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'''2.''' (1) _____ shall be a sovereign republic to be known as the name of the Federal Republic of _____.
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(2) _____ shall be a Federation consisting of ten States, that is to say, Gia Định (Tân Huế), Hillstrom (Broadhurst), Jawa Baru (Surabaya Baru), Paton (Freetown), Robertsfield (Harper), South Sel Appa (Levisston), Sumatera Baru (Hatta), Tân Sài Gòn (Tân Sài Gòn), Vrede (Krugerburg) and Vryheid (Naudéburg) and the Houghton Capital Territory, hereinafter referred to as the Federal Capital.
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====Political system====
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'''3.''' The Federal Republic of _____ shall be a multiparty democratic state.
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====Public Seal====
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'''3.''' (1) The Public Seal shall be the seal in existence immediately before this Constitution comes into force or such other seal as may be prescribed by an Act of Parliament.
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(2) The Public Seal shall be used exclusively for authenticating matters of state and no person or organization, other than the Government of _____ and those persons who may be authorized in accordance with an Act of Parliament, may use the design of the seal or any design resembling it as such person’s or organization’s emblem.
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====National Flag====
====National Flag====
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====Coat of arms====
====Coat of arms====
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'''6.''' The coat of arms of the Federal Republic shall be such device as may be prescribed by or under an Act of Parliament.
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'''6.''' The coat of arms of the Federal Republic is that in use at the commencement of this Constitution.
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====Official languages and national language====
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'''7.''' (1) English, Vietnamese, Indonesian and Afrikaans shall be the 4 official languages in _____.
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(2)  The national language shall be the English language:
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Provided that ―
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====Official language====
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'''7.''' (1) The official language of _____ shall be English.
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(''a'') no person shall be prohibited or prevented from using or from teaching or learning any other language; and
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(2) Nothing contained in this Constitution shall prohibit the use of any other language as a medium of instruction in private schools or in schools financed or subsidized by the State, subject to compliance with such requirements as may be imposed by law, to ensure proficiency in the official language, or for pedagogic reasons.
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(''b'') nothing in this section shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in _____.
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(3) Nothing contained in subsection (1) shall preclude legislation by Parliament which permits the use of a language other than English for legislative, administrative and judicial purposes in areas where such other language or languages are spoken by a substantial component of the population.
====High treason====
====High treason====
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(''c'') the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.
(''c'') the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.
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(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of _____ and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.
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(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of _____ and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few sectional groups in that Government or in any of its agencies.
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(4) The composition of the Government of a State, a local government council, or any of the agencies of such Government or council, and the conduct of the affairs of the Government or council or such agencies shall be carried out in such manner as to recognize the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.
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====Political objectives====
====Political objectives====
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====Economic objectives====
====Economic objectives====
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'''12.''' The economy of _____ shall be based on private ownership and free enterprise.
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'''12.''' (1) The State shall encourage private economic enterprise.
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(2) The State shall protect the right of any citizen to engage in any economic activity without prejudice to the rights of any other person to participate in areas of the economy.
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(3) The State recognizes the social function of co-operatives and shall encourage their development.
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(4) Foreign investments shall be encouraged within _____ subject to the provisions of an Investment Code to be adopted by Parliament.
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(5) Land, water and natural resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of _____ shall belong to the State if they are not otherwise lawfully owned.
====Social objectives====
====Social objectives====
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(''a'') no surrender or transfer, either wholly or in part, of the sovereignty of the Federal Republic of _____ as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
(''a'') no surrender or transfer, either wholly or in part, of the sovereignty of the Federal Republic of _____ as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
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(''b'') no relinquishment of control over the _____ Police Force or the _____ Armed Forces,
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(''b'') no relinquishment of control over the Armed Forces of the Federation.
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unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 252).
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(3) For the purposes of this section —
(3) For the purposes of this section —
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“_____ Armed Forces” means the _____ Armed Forces raised and maintained under the _____ Armed Forces Act (Cap. 95), and includes any civil defense force formed under the Civil Defense Act (Cap. 110) and such other force as the President may, by notification in the ''Gazette'', declare to be an armed force for the purposes of this section
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“Armed Forces of the Federation” means the _____ Armed Forces or any other force or service established by or under the Defense Act, 1987 and such other force as the President may, by notification in the ''Gazette'', declare to be an armed force for the purposes of this section.
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“_____ Police Force” means the _____ Police Force and the Special Constabulary established under the Police Force Act (Cap. 335) and any Auxiliary Police Force created in accordance with Part V of that Act, and includes the Vigilante Corps established under the Vigilante Corps Act (Cap. 340) and such other force as the President may, by notification in the ''Gazette'', declare to be a police force for the purposes of this section.
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====Obligation of the mass media====
====Obligation of the mass media====
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'''17.''' It shall be the duty of every citizen to —
'''17.''' It shall be the duty of every citizen to —
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(''a'') abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, and legitimate authorities;
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(''a'') abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, and legitimate authorities; and
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(''b'') help to enhance the power, prestige and good name of _____ and to defend _____;
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(''c'') respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;
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(''d'') make positive and useful contribution to the advancement, progress and well-being of the community where he resides;
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(''e'') work conscientiously in a lawful and chosen occupation and abstain from any activity detrimental to the general welfare of others;
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(''f'') ensure the proper control and upbringing of his children and wards;
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(''g'') participate in and defend all democratic processes and practices; and
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(''h'') render assistance to appropriate and lawful agencies in the maintenance of law and order.
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==CHAPTER III<br>PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL==
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====Fundamental rights and freedoms of the individual====
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'''18.''' Whereas every person in _____ is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, 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 ―
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(''a'') life, liberty and security of the person;
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(''b'') protection for the privacy of his home and other property and from deprivation of property without compensation;
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(''c'') the protection of the law; and
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(''d'') freedom of conscience, of expression and of assembly and association,
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the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
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====Protection of right to life====
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'''19.''' (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offense under the law of ____ of which he has been convicted.
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(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as re permitted by law, of such force as is reasonably justifiable ―
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(''a'') for the defense of any person from violence or for the defense of property;
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(''b'') in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
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(''c'') for the purpose of suppressing a riot, insurrection or mutiny; or
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(''c'') in order lawfully to prevent the commission by that person of a criminal offense, or if he dies as the result of a lawful act of war.
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====Protection of right to personal liberty====
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'''20.''' (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say ―
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(''a'') in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for _____ or some other country, in respect of a criminal offense of which he has been convicted;
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(''b'') in execution of an order of the Supreme Court or such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;
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(''c'') in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
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(''d'') for the purpose of bringing him before a court in execution of the order of a court;
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(''e'') upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of _____;
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(''f'') in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
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(''g'') for the purpose of preventing the spread of an infectious or contagious disease;
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(''h'') in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
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(''i'') for the purpose of preventing the unlawful entry of that person into _____, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from _____ or for the purpose of restricting that person while he is being conveyed through _____ in the course of his extradition or removal as a convicted prisoner form one country to another; or
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(''j'') to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within _____ or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of _____ in which, in consequence of any such order, his presence would otherwise be unlawful.
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(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in _____ as a barrister or solicitor, and to hold private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
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(3) Any person who is arrested or detained ―
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(''a'') for the purpose of bringing him before a court in execution of the order of a court; or
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(''b'') upon reasonable suspicion of his having committed or being about to commit a criminal offense
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and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
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(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
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(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the foregoing provisions of this section to the extent that the law in question authorizes the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.
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(6) Where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall apply ―
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(''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;
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(''b'') not more that 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 provision of law under which his detention is authorized;
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(''c'') he may from time to time request that his case be reviewed under paragraph (''d'') 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;
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(''d'') where a request is made under paragraph (''c''), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in _____ as barristers or solicitors; and
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(''e'') he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
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(7) On any review by a tribunal in pursuance of subsection (6) 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.
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(8) When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not 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 subsection (6):
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Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which Parliament stands prorogued or dissolved.
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====Protection from slavery and forced labor====
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'''21.''' (1) No person shall be held in slavery or servitude.
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(2) No person shall be required to perform forced labor.
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(3) For the purposes of this section, the expression “forced labor” does not include ―
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(''a'') any labor required in consequence of the sentence or order of a court;
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(''b'') any labor required of any person while he is lawfully detained that, 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 at which he is detained;
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(''c'') any labor 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 as a member of a naval, military or air force, any labor that person is required by law to perform in place of such service; or
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(''d'') any labor required during any period when _____ is at war or in the event of any hurricane, earthquake, flood, fire or other like 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 calamity, for the purpose of dealing with that situation.
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====Protection from inhuman treatment====
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'''22.''' (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
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(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any punishment or the administration of any treatment that was lawful in ______ immediately before the coming into operation of this Constitution.
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====Protection from deprivation of property====
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'''23.''' (1) 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 by or under the authority of a written law and where provision applying to that acquisition or taking of possession is made by a written law ―
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(''a'') prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and
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(''b'') giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the Supreme Court.
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(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section ―
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(''a'') to the extent that the law in question makes provision for the taking of possession or acquisition of any property ―
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(i) in satisfaction of any tax, duty, rate, cess or other impost;
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<br>(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
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<br>(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
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<br>(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
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<br>(v) in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the health of human beings, animals or plants;
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<br>(vi) in consequence of any law with respect to the limitation of actions; or
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<br>(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o work relating to agricultural development or improvement; or
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(''b'') to the exent that the law in question makes provision for the taking of possession or acquisition of ―
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(i) enemy property;
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<br>(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
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<br>(iii) property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
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<br>(iv) property subject to a trust, for the purpose of vesting the property in persons 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.
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(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or 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.
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(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision of the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by Parliament.
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====Protection against arbitrary search or entry====
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'''24.''' (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
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(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required ―
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(''a'') in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or utilization of mineral resources, or the development or utilization of any other property in such manner as to promote the public benefit;
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(''b'') for the purposes of protecting the rights or freedoms of other persons;
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(''c'') for the purposes of authorizing an officer or agent of the Government, or of a local government authority or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purposes of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be;
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(''d'') for the purposes of authorizing the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or
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(''e'') for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.
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====Provisions to secure protection of law====
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'''25.''' (1) If any person is charged with a criminal offense, 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.
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(2) Every person who is charged with a criminal offense ―
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(''a'') shall be presumed to be innocent until he is proved or has pleaded guilty;
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(''b'') shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;
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(''c'') shall be given adequate time and facilities for the preparation of his defense;
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(''d'') shall be permitted to defend himself before the court in person or by a legal representative of his own choice;
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(''e'') shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
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(''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
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and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence.
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(3) When a person is tried for any criminal offense, the accursed 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.
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(4) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature than the most severe penalty that might have been imposed for that offense at the time when it was committed.
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(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.
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(6) No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.
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(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
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(8) Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.
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+
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(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.
+
-
 
+
-
(10) Nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal ―
+
-
 
+
-
(''a'') may by law be empowered 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 decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
+
-
 
+
-
(''b'') may by law be empowered or required so to do in the interests of defence, public safety or public order.
+
-
 
+
-
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of ―
+
-
 
+
-
(''a'') subsection (2)(''a'') to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;
+
-
 
+
-
(''b'') subsection (2)(''e'') 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 aid their expenses out of public funds; or
+
-
 
+
-
(''c'') subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense 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.
+
-
 
+
-
====Protection of freedom of conscience====
+
-
'''26.''' (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section 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 or belief in worship, teaching, practice and observance.
+
-
 
+
-
(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains.
+
-
 
+
-
(3) No religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not that community 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.
+
-
 
+
-
(4) Except with his own 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 enquired to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.
+
-
 
+
-
(5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
+
-
 
+
-
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section 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
+
-
<br>(ii) for he purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited of members of any other religion; or
+
-
 
+
-
(''b'') with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.
+
-
 
+
-
(7) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.
+
-
 
+
-
====Protection of freedom of expression====
+
-
'''27.''' (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication.
+
-
 
+
-
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―
+
-
 
+
-
(''a'') that is reasonably required in the interests of defense, public safety, public order, public morality or public health; or
+
-
 
+
-
(''b'') that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or
+
-
 
+
-
(''c'') that imposes restrictions upon public officers or members of a disciplined force.
+
-
 
+
-
====Protection of freedom of assembly and association====
+
-
'''28.''' (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of 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 associations for the protection of his interests.
+
-
 
+
-
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―
+
-
 
+
-
(''a'') that is reasonably required in the interest of defense, public safety, public order, public morality or public health; or
+
-
 
+
-
(''b'') that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
+
-
 
+
-
(''c'') that imposes restrictions upon public officers or members of a disciplined force.
+
-
 
+
-
====Protection of freedom of movement====
+
-
'''29.''' (1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout _____, the right to reside in any part of _____, the right to enter _____, the right to leave _____ and immunity from expulsion from _____.
+
-
 
+
-
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.
+
-
 
+
-
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of this section to the extent that the law in question makes provision ―
+
-
 
+
-
(''a'') for the imposition of restrictions that are reasonably required in the interests of defense, public safety, public order, public morality or public health or the imposition of restrictions on the acquisition or use by any person of land or other property in _____ 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 imposition of restrictions on the freedom of movement of any person who is not a citizen of _____;
+
-
 
+
-
(''c'') for the imposition of restrictions upon the movement or residence within _____ of public officers; or
+
-
 
+
-
(''e'') for the removal of a person from _____ to be tried outside _____ for a criminal offense or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law in force in _____ of which he has been convicted.
+
-
 
+
-
(4) If any person whose freedom of movement has been restricted by order under such a provision as is referred to in subsection (3)(''a'') of this section (other than a restriction which is applicable to persons generally or to general classes of persons) so requests at any time during the period of that restriction not earlier than six months after the order was made or six months after he last made such request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be enrolled as an advocate in _____, appointed by the Chief Justice.
+
-
 
+
-
(5) On any review by a tribunal in pursuance of this section of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations, concerning the necessity or expediency of continuing the restriction to the authority by which 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.
+
-
 
+
-
====Protection from discrimination on ground of race, etc.====
+
-
'''30.''' (1) Subject to the provisions of this section ―
+
-
 
+
-
(''a'') no law shall make any provision that is discriminatory either of itself or in its effect; and
+
-
 
+
-
(''b'') 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 functions of any public office or any public authority.
+
-
 
+
-
(2) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, color or creed whereby persons 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 afforded to persons of another such description.
+
-
 
+
-
(3) Subsection (1)(''a'') shall not apply to any law so far as that law makes provision ―
+
-
 
+
-
(''a'') with respect to persons who are not citizens of _____;
+
-
 
+
-
(''b'') with respect to adoption, marriage, divorce, burial, dissolutions of property on death or other matters of personal law;
+
-
 
+
-
(''c'') whereby person of any such description as is mentioned in subsection (2) 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;
+
-
 
+
-
(''d'') for authorizing the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or
+
-
 
+
-
e. for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local purposes.
+
-
 
+
-
4. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate established by any law for public purposes.
+
-
 
+
-
5. Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (3) or (4).
+
-
 
+
-
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22, being such a restriction as is authorized by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section 20, subsection (2) of section 21, or subsection (3) of section 22, as the case may be.
+
-
 
+
-
7. Subsection (1)(b) shall not 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 this Constitution or any other law.
+
-
 
+
-
Enforcement of protective provisions
+
-
 
+
-
24. 1. Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
+
-
 
+
-
2. The High Court shall have original jurisdiction -
+
-
 
+
-
a. to hear and determine any application made by any person in pursuance of subsection (2); and
+
-
 
+
-
b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3).
+
-
 
+
-
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 sections 12 to 23:
+
-
 
+
-
Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
+
-
 
+
-
3. If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
+
-
 
+
-
4. Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
+
-
 
+
-
5. Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.
+
-
 
+
-
6. Parliament may make provision with respect to the practice and procedure -
+
-
 
+
-
a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
+
-
 
+
-
b. of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction; and
+
-
 
+
-
c. of subordinate courts in relation to references to the High Court under subsection (3);
+
-
 
+
-
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.
+
-
 
+
-
7. In this section "the Court of Appeal" has the same meaning as it has in section 87.
+
-
 
+
-
Time of emergency
+
-
 
+
-
25. 1. In this Chapter "period of public emergency" means any period during which -
+
-
 
+
-
a. Barbados is engaged in any war; or
+
-
 
+
-
b. there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or
+
-
 
+
-
c. there is in force a resolution of each House supported by the votes of not less than two thirds of all the members of that House declaring that democratic institutions in Barbados are threatened by subversion.
+
-
 
+
-
2. A proclamation made by the Governor General shall not be effective for the purposes of subsection (1) unless it is declared therein that the Governor General is satisfied -
+
-
 
+
-
a. that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not; or
+
-
 
+
-
b. that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.
+
-
 
+
-
3. A proclamation made by the Governor General for the purposes of this section shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a resolution supported by the votes of a majority of all the members of that House;
+
-
 
+
-
Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by resolution passed in like manner and may be revoked at any time by resolution supported by the votes of a majority of all the members of the House of Assembly.
+
-
 
+
-
4. A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that House supported by the votes of a majority of all the members thereof.
+
-
 
+
-
Saving of existing law
+
-
 
+
-
26. 1. 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 sections 12 to 23 to the extent that the law in question -
+
-
 
+
-
a. is a law (in this section referred to as "an existing law") that was enacted or made before 30th November 1966 and has continued to be part of the law of Barbados 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 sections 12 to 23 in a manner in which, or to an extent to which, it was not previously so inconsistent.
+
-
 
+
-
2. In subsection (1)(c) the reference to altering and 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 subsection (1) "written law" includes any instrument having the force of law and in this subsection and subsection (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.
+
-
 
+
-
Interpretation
+
-
 
+
-
27. 1. In this chapter -
+
-
 
+
-
"contravention", in relation to any requirement, includes a failure to comply with that requirement;
+
-
 
+
-
"court" means any court of law having jurisdiction in Barbados other that a court established by a disciplinary law, and includes Her Majesty in Council and -
+
-
 
+
-
a. in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, a court established by such a law; and
+
-
 
+
-
b. in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offense;
+
-
 
+
-
"disciplinary law" means a law regulating the discipline of any disciplined force;
+
-
 
+
-
"disciplined force" means -
+
-
 
+
-
a. a naval, military or air force;
+
-
b. a police force;
+
(''b'') respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood.
-
c. a prison service; or
+
==CHAPTER III<br>CITIZENSHIP==
-
d. a fire service;
+
==CHAPTER IV<br>PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL==
-
"legal representative", in relation to any court or other tribunal, means a person entitled to practice as a barrister or solicitor before such court or tribunal; and
 
-
"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.
 
-
2. References in sections 12, 13, 17 and 22 to a criminal offense shall be construed as including references to an offense against a disciplinary law, and such references in subsections (2) to (7) and (11)(a) of section 18 shall, in relation to proceedings before a court established by a disciplinary law, be similarly construed.
 
-
3. In relation to any person who is a member of a disciplined force raised under the law of any country other than Barbados and lawfully present in Barbados, 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 provision of sections 12 to 23.
 
==CHAPTER I==
==CHAPTER I==

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