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About the Supreme Court

Section 94 (Chapter 7) of the Constitution of Belize establishes Belize’s Supreme Court of Judicature and Court of Appeal. The judiciary, which is one of the three separate arms of the State, is headed by the Chief Justice, who has overall responsibility for the administration of justice in Belize.

The Supreme Court: has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law. In its criminal jurisdiction, a Judge sits with a jury made up of 12 members for capital offence cases and made up of 9 members for non-capital offence cases. The Court in its criminal jurisdiction sits 4 times or holds four sessions in the calendar year in each of the 3 judicial districts. The country is divided into three districts for this purpose. These are the Northern, Southern, and Central districts. This is for convenience and for the participation of all citizens as jurors from throughout the country. In this very way, accused persons can truly be tried by their peers, which is a fundamental principle in the jury trial system.

This has been in existence since 1843 and was formally established by section 94(5) of the Belize Constitution on Independence, the 21st of September 1981.

It has unlimited original jurisdiction to hear and determine any civil or criminal matters and any other such jurisdiction and powers as made be conferred on it.

There are three Supreme Court Judges. These are the Chief Justice and 2 other judges, known as Puisne Judges. The Supreme Court’s three judges are all male.

The Court of Appeal exercises an appellate jurisdiction over both the High Court and Magistracy and has jurisdiction and powers to hear and determine appeals in civil and criminal matters. While this Court is established with a President and three Justices of Appeal, a panel of three Justices sits at any one time.

The Court of Appeal may sit in Belize 4 times for the year; however, in practice it usually sits 3 times. A lot depends on the number of cases on its calendar.

The present composition is made up of 1 resident Belizean and 3 visiting Justices, including the President, from the Commonwealth Caribbean jurisdictions. The four Justices of Appeal are all male.

The Privy Council, which is the final court for Belize, sits in the United Kingdom. Appeals from the Court of Appeal lie to the Privy Council, sometimes as of right and sometimes with leave of the Court. The Privy Council is made up primarily of members of the United Kingdom’s House of Lords. In recent years there have been appointments from the Commonwealth jurisdiction. The membership is predominantly male.

Contact Information

About Our Judiciary

• Population of Country: 294,385 (July 2007 Est.)
• Total Number of Judges: 26
• Number of Appeal Court Judges: 4
• Number of High Court Judges: 7
• Number of Subordinate Court Judges: 15
• Expenditures and Estimates:

  Judiciary Estimates

  Programme	Approved Estimates 2007/2008	Revised Estimates 2006/2007	Approved Estimates 2006/2007	Difference Columns 1-3	Actual Expenditure 2005/2006
  General Registry Court of Appeal Supreme Court BELIPO Company Registry	1,020,517	3,328,570	3,328,571	691,946	2,586,000
  Magistrate Courts	1,898,509	1,871,234	1,871,234	27,275	1,623,049
  Total Recurrent	5,919,026	5,199,804	5,199,805	719,221	4,209,049

 

• Method of Judicial Appointment:
  Under the Constitution of Belize, the Chief Justice is appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition.
  Justices of the Supreme Court, other than the Chief Justice, are appointed by the Governor General. The Governor General acts in accordance with the advice of the Judicial and Legal Service section of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.
  Justices of the Court of Appeal are appointed by the Governor General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, for such period as may be specified in the instrument of appointment.
  The qualification for appointment as a Justice of the Supreme Court is a minimum of five years standing as an attorney-at-law.
  The qualification for appointment as a Justice of the Court of Appeal is 15 years standing as an attorney-at-law or the holding of office as a judge of a court of unlimited jurisdiction in civil and criminal matters or of a court having appellate jurisdiction from any such court.
  Justices of the Supreme Court are appointed with security of tenure and hold office, subject to removal for inability or misbehavior, until the age of sixty-two (62). Justices of Appeal hold office, subject to removal for inability or misbehavior, until the expiration of their periods of appointment or until resignation.

Supreme Court Objectives

The objective of the Supreme Court is to make informed, timely and balanced determination of both civil and criminal matters.

Training and Support Staff

Supreme Court Standards

The Supreme Court strives to maintain the highest judicial standards possible. A Judicial Code of Conduct and Etiquette was issued in 2003.

Functions and Supporting Organizational Structure

Judges of the Court of Appeal

• Hon. Mr. Justice Elliot Mottley President
• Hon. Mr. Justice Manual Sosa
• Hon. Mr. Justice Boyd Carey
• Hon. Mr. Justice Dennis Morrison

Judges of the Supreme Court

• Hon. Chief Justice Dr. Abdulai O. Conteh
• Hon. Justice Adolph Lucas
• Hon. Justice Samuel Awich
• Hon. Justice Herbert Lord
• Hon. Madam Justice Michelle Arana
• Hon. Madam Justice Minnet Hafiz � Bertram
• Hon Justice Sir John Muria

Registrar General

Ms. Velda Flowers

Magistrates from Belize City and the Districts

Belize City

Margaret Mackenzie	Chief Magistrate
Dorothy Flowers	Senior Magistrate
Sharon Fraser	Magistrate
Robert Ordonez	Magistrate
Albert Hoare	Magistrate
Aretha Ford	Magistrate
Ed Usher	Magistrate
Harrison Hulett	Magistrate
Stephanie Gillett	Magistrate

Districts

Leslie Hamilton	Corozal
Hettiemae Stewart	Orange Walk
Earl Jones	Belmopan
Kathleen Lewis	San Ignacio
Clive Lino	Dangriga
Emmerson Banner	San Pedro

Budget / Sources of Funding

The Supreme Court is funded exclusively from the Consolidated Revenue Fund and provisions are made from the budget annually for this. There is however constraints in this regard.

Annual Reports

• Annual Report 2007- 2008 [PDF]
• Annual Report 2005-2006 [PDF]
• Annual Report 2004-2005 [PDF]

While Belize’s first Court House, a wooden structure, was built in 1818, it was not until June 26, 1820 that the first sitting of the Supreme Court was held. This rather drab wooden structure, that housed the Supreme Court’s first sitting, did not change until 1880 when a beautiful wooden building was constructed.
This Court House building, which was erected by Gustav Von Ohlafen, was completely destroyed by a fire that occurred on August 17, 1918. During that fire, the Governor at the time, Hart Bennett, was fatally injured while rendering his assistance to put out the fire. The Governor was hit by a flagpole that was cut down because it had caught fire. He died a few days later.

The present Supreme Court building, constructed of reinforced concrete, was completed in 1926 at a cost of $300,000.00 and was a model of the architecture of the previous building, with slight modifications. It was built by the Jefferson Construction Company, a firm that had its base in New Orleans. The company had come to Belize to build the Paslow Building when it was commissioned to build the Supreme Court building.

It is this same construction company that built the Belize City Swing Bridge in 1923 at a cost of $84,000.00. The bridge joined the north side, which was known as the island of Fort George at the time, to south side Belize City. The Jefferson Construction Company was also responsible for the construction of the seawall that is still in existence along the Fort George area.

PART VII

The Judiciary

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

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

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

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

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

(4) The Supreme Court shall sit in such places as the Chief Justice may appoint.

96-(l) Subject to the provisions of sections 33(2), 34(4), 54(15), 69(6), 80(4) and 123(3) of this Constitution, where any question as to the interpretation of this Constitution arises in any court of law established for Belize (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.

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

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

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

(3) A person shall not be qualified to be appointed as a justice of the Supreme Court unless-

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

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

(4) If the office of Chief Justice is vacant or the Chief Justice is for any reason including his absence from Belize unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the justice other than the Chief Justice, or if there be more than one then by such one of the justices as may for the time being be designated in that behalf by the Governor-General, acting in the manner prescribed in subsection (1) of this section.

(5) If the office of any justice other than the Chief Justice is vacant or if any such justice is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office or if the Chief Justice advises the Governor-General that the state of business in the Supreme Court so requires, the Governor-General, acting in the manner prescribed in subsection (2) of this section, may appoint a person who is qualified to be appointed as a justice of the Supreme Court to act as a justice of that court:

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

(6) Any person appointed under subsection (5) of this section to act as a justice shall, subject to the provisions of subsections (4) and (6) of section 98 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General:

Provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a justice for so long as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

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

Provided that-

(a) he may at any time resign his office; and

(b) the Governor-General-

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

(ii) in the case of a Justice of the Supreme Court other than the Chief Justice, acting in accordance with the advice of the Judicial and Legal Services Section of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition,

may permit a Justice who attains the age of sixty-two years to continue in office until he has attained any later age not exceeding seventy years.

(2) Notwithstanding that he has attained the age at which he is required by or under this section to vacate his office, a person holding the office of a justice of the Supreme Court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

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

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

(5) If the Governor-General considers that the question of removing a justice of the Supreme Court from office for inability as aforesaid or for misbehaviour ought to be investigated, then-

(a) the Governor-General shall refer the matter to the Belize
Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and

(b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and ad- vise the Governor-General whether that justice should be re- moved under this section.

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

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

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

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

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

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

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

(4) The Court of Appeal shall sit in such places as the President may appoint.

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

(2) A person shall not be qualified to be appointed as a Justice of Appeal unless either-

(a) he holds or has held office as judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or

(b) he is qualified to practise as an attorney-at-law in a court in Belize or as an advocate in a court in any other part of the Commonwealth having unlimited jurisdiction in either civil or criminal causes or matters and has been so qualified for not less than fifteen years.

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

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

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

(6) Any person appointed under subsection (5) of this section to be temporarily a Justice of Appeal shall hold office until his appointment is revoked by the Governor-General.

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

(2) A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

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

(4) If the Governor-General considers that the question of removing a Justice of Appeal from office for inability as aforesaid or for misbehaviour ought to be investigated, then-

(a) the Governor-General shall refer the matter to the Belize Advi- sory Council which shall sit as a tribunal in the manner pro- vided in section 54 of this Constitution; and

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

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

(6) Except as provided in subsection (3) of this section, the functions of the Governor-General under this section shall be exercised by him in his own deliberate judgment.

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

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

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

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

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

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

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

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

PART VI

The Legislature

55. There shall be in and for Belize a Legislature which shall
consist of a National Assembly comprising two Houses, that is to say, a House of Representatives and a Senate.

The House of Representatives

56.-(1) Subject to the provisions of this section, the House of Representatives shall consist of eighteen members who shall be elected in the manner provided by law.

(2) If any person who is not a member of the House of Representatives is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House in addition to the eighteen members aforesaid.

(3) The National Assembly, in accordance with the provisions of of section 90 of this Constitution, may by law increase the number of members of the House of Representatives.

57. Subject to the provisions of section 58 of this Constitution, a person shall be qualified to be elected as a member of the House of Repre-sentatives if, and shall not be qualified to be so elected unless, he-

(a) is a citizen of Belize of the age of eighteen years or upwards; and

(b) has resided in Belize for a period of at least one year immediately before the date of his nomination for election.

58.-(l) No person shall be qualified to be elected as a member of the
House of Representatives who-

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or State;

(b) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

(c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

(d) is under sentence of death imposed on him by a court in any part of the Commonwealth 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;

(e) is disqualified for membership of the House of Representatives by any law by reason of his holding, or acting in, any office the functions of which involve-

(i) any responsibility for, or in connection with, the con- duct of any election, or

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

(f) is disqualified for membership of the House of Representatives by virtue of any law by reason of his having been convicted of any offence relating to elections;

(g) is disqualified for membership of the House of Representatives under any law by virtue of-

(i) 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;

(ii) his belonging to any of the armed forces of Belize or to any class of person that is comprised in any such force; or

(iii) his belonging to any police force or to any class of persons that is comprised in any such force; or

(h) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the government for or on account of the public service and has not, within one month before the day of election, declared publicly and in a newspaper circulating in the electoral division for which he is a candidate a notice setting out the nature of the contract and his interest, or the interest of any such firm or company therein:

Provided that if it appears to the Governor-General, acting in his own
deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section, but no such order shall be made if proceedings have been commenced calling in question the right of that member to be a member of the House of Representatives on the ground that he is disqualified under this paragraph.

(2) For the purposes of paragraph (d) of subsection (1) of this section-

(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 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.

59.-(l) Every member of the House of Representatives shall vacate his
seat in the House at the next dissolution of the National Assembly after his election.

(2) A member of the House of Representatives shall also vacate his seat in the House –

(a) if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the Standing Orders of the House;

(b) if he ceases to be a citizen of Belize;

(c) subject to the provisions of subsection (3) of the section, if any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election thereto by virtue of section 58(l) of this Constitution; or

(d) if he shall become a party to any contract with the government for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract:

Provided that if in the circumstances it shall appear to them just so to do, the House of Representatives by resolution may exempt any member thereof from vacating his seat under the provisions of this paragraph if such member shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the House the nature of such contract and his interest or the interest of any such firm or company therein.

(3)(a) If circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the House of Representatives is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and undischarged, or convicted of an offence relating to elections, and if 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 functions as a member of the House but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may 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 and fifty days shall not be given without the approval, signified by resolution, of the House.

(b) If, on the determination of 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 for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(c) If at any time before the member of the House 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 (a) of this subsection and he may resume the performance of his functions as a member of the House.

60.-(l) When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business it shall elect a person to be Speaker of the House; and, if the office of Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practicable, elect another person to that office.

(2) The Speaker shall be above the age of thirty years and may be elected either from among the members of the House of Representatives who are not Ministers or from among persons who are not members of either House:

Provided that a person who is not a member of either House shall not be elected as Speaker if-

(a) he is not a citizen of Belize; or

(b) he is a person disqualified for election as a member of the House of Representatives by virtue of section 58(l) of this Constitution.

(3) When the House of Representatives first meets after any gen- eral election and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a Minister, to be Deputy Speaker of the House; and if the office of Deputy Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practica- ble, elect another such member to that office.

(4) A person shall vacate the office of Speaker or Deputy Speaker-

(a) in the case of a Speaker elected from among members of the House of Representatives or in the case of the Deputy Speaker-

(i) if he ceases to be a member of the House; or

(ii) if he is appointed to be a Minister;

(b) in the case of a Speaker elected from among persons who are not members of either House-

(i) upon any dissolution of the National Assembly;

(ii) if he ceases to be a citizen of Belize; or

(iii) if any circumstances arise which would cause him to be disqualified for election as a member of the House by virtue of section 58(l) of this Constitution;

(c) in the case of the Deputy Speaker, if he is elected to be Speaker.

(5)(a) If, by virtue of section 59(3) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-

(i) in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant, by such member of the House (not being a Minister) as the House may elect for the purpose;

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

(b) If the Speaker or Deputy Speaker resumes the performance
of his functions as a member of the House, in accordance with the provisions of section 59(3) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

The Senate

61.-(l) The Senate shall consist of eight members (in this Constitution referred to as “Senators”) who shall be appointed by the Governor-General in accordance with the provisions of this section:

Provided that if any person who is not a Senator is elected to be President of the Senate he shall, by virtue of holding office of President, be a Senator in addition to the eight members aforesaid.

(2) Of the eight Senators-

(a) five shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister;

(b) two shall be appointed in accordance with the provisions of subsection (3) of this section;

(c) one shall be appointed by the Governor-General acting after consultation with the Belize Advisory Council.

(3) The two Senators referred to in subsection (2)(b) of this
section shall be appointed-

(a) by the Governor-General acting in accordance with the
advice of the Leader of the Opposition; or

(b) if the office of Leader of the Opposition is vacant, then-

(i) by the Governor-General acting in accordance with the advice of a person selected by him, in his own deliberate judgment, for the purpose of tendering such advice; or

(ii) if the Governor-General, in his own deliberate judgment, decides to select two such persons, by the Governor-General acting in accordance with the advice of such persons, each of whom shall advise him on the appointment of one Senator.

62. Subject to the provisions of section 63 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-

(a) is a citizen of Belize of the age of eighteen years or upwards; and

(b) has resided in Belize for a period of at least one year immediately before the date of his appointment.

63.-(1) No person shall be qualified to be appointed as a Senator who-

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or State;

(b) is a member of the House of Representatives;

(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

(d) is a person certified to be insane or otherwise to be of unsound mind under any law;

(e) is under sentence of death imposed upon him by a court in any part of the Commonwealth 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;

(f) is disqualified for membership of the House of Representatives by any law by reason of his holding, or acting in, any office the functions of which involve-

(i) any responsibility for, or in connection with, the con- duct of any election; or

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

(g) is disqualified for membership of the House of Representa- tives by virtue of any law by reason of his having been con- victed of any offence relating to elections;

(h) is disqualified for membership of the Senate under any law by virtue of-

(i) his holding or acting in any office or appointment speci- fied (either individually or by reference to a class of office or appointment) by such law;

(ii) his belonging to any of the armed forces of Belize or to any class of person that is comprised in any such force; or

(iii) his belonging to any police force or to any class of person that is comprised in any such force; or

(i) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government for or on account of the public service, and has not disclosed to the Governor-General the nature of such contract and his interest, or the interest of any such firm or company, therein:

Provided that if it appears to the Governor-General, acting in his own deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section.

(2) For the purposes of paragraph (e) of subsection (1) of this section-

(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 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.

64.-(l) Every Senator shall vacate his seat in the Senate at the next dissolution of the National Assembly after his appointment.

(2) A Senator shall also vacate his seat in the Senate-

(a) if he is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the Standing Orders of the Senate;

(b) if, with his consent, he is nominated as a candidate for election to the House of Representatives;

(c) if he ceases to be a citizen of Belize;

(d) subject to the provisions of subsection (3) of this section, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of section 63(1) of this Constitution;

(e) if the Governor-General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed in accordance with that advice, or acting in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or acting after consultation with the Belize Advisory Council in the case of a Senator appointed after such consultation, declares the seat of that Senator to be vacant; or

(f) if he shall become a party to any contract with the Govern- ment for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract:

Provided that if in the circumstances it shall appear to him to be just so to do, the Governor-General, acting in his own deliberate judgment, may exempt any Senator from vacating his seat under the provisions of this paragraph if such Senator shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the Governor-General the nature of such contract and his interest or the interest of any such firm or company therein.

(3)(a) If circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because a Senator is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and is undischarged, or convicted of an offence relating to elections, and it is open to the Senator 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 functions as a Senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the President of the Senate may 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.

(b) If, on the determination of an 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 or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

(c) 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 (a) of this subsection and he may resume the performance of his functions as Senator.

65.-(l) The Governor-General may declare a Senator to be, by reason of illness, temporarily incapable of performing his functions as a Senator and thereupon such Senator shall not perform his said functions until he is declared by the Governor-General again to be capable of performing them.

(2) Whenever a Senator is incapable of performing his functions as a Senator by reason of his absence from Belize or by virtue of the provisions of section 64 of this Constitution or by reason of a declaration made under the last foregoing subsection, the Governor-General may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate.

(3) Subsections (1) and (2) of section 64 of this Constitution shall apply in relation to a person appointed as a Senator under this section as they apply in relation to a Senator appointed under section 61 (except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 64) and an appointment made under this section shall in any case cease to have effect when the person appointed is notified by the Governor-General that the circumstances giving rise to his appointment have ceased to exist.

(4) In the exercise of the powers conferred on him by this section the Governor-General shall act-

(a) in accordance with the advice of the Prime Minister in relation to an appointment to be temporarily a member of the Senate in place of a Senator appointed in pursuance of paragraph (a) of subsection (2) of section 61 of this Constitution;

(b) in accordance with the advice of the Leader of the Opposi- tion in relation to an appointment to be temporarily a member of the Senate in place of a Senator appointed in pursuance of paragraph (b) of subsection (2) of the said section;

(c) after consultation with the Belize Advisory Council in any other case.

66.-(1) When the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be President of the Senate; and, if the office of President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another person to that office.

(2) When the Senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the President, it shall elect a Senator, who is not a Minister, to be Vice-President of the Senate; and if the office of Vice-President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another Senator to that office.

(3) The President and the Vice-President shall be above the age of thirty years and the President may be elected either from among the Senators who are not Ministers or from among persons who are not members of either House:

Provided that a person who is not a member of either House shall not be elected as President if-

(a) he is not a citizen of Belize; or

(b) he is a person disqualified for election as a member of the House of Representatives by virtue of section 58(l) of this Constitu- tion.

(4) A person shall vacate the office of President or Vice-President
of the Senate-

(a) in the case of a President elected from among members of the Senate or in the case of the Vice-President-

(i) if he ceases to be a Senator; or

(ii) if he is appointed to be a Minister;

(b) in the case of a President elected from among persons who are not members of either House-

(i) upon any dissolution of the National Assembly;

(ii) if he ceases to be a citizen of Belize; or

(iii) if any circumstances arise which would cause him to be disqualified for election as a member of the House of Representatives by virtue of section 58(l) of this Constitution;

(c) in the case of the Vice-President, if he is elected to be President.

(5)(a) If, by virtue of section 64(3) of this Constitution, the President or the 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-

(i) in the case of the President, by the Vice-President or, if the office of Vice-President is vacant, by such Sena- tor (not being a Minister) as the Senate may elect for the purpose;

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

(b) If the President or Vice-President resumes the performance of his functions as Senator, in accordance with the provisions of section 64(3) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.

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

(2) The National Assembly may by law regulate the recruitment and the conditions of service of persons referred to in subsection (1).

Powers and Procedure

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

69.-(1) The National Assembly may alter any of the provisions of this Constitution in the manner specified in the following provisions of this section.

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

(3) A Bill to alter this section, Schedule 2 to this Constitution or any of the provisions of this Constitution specified in that Schedule shall not be regarded as being passed by the House of Representatives unless on its final reading in the House the Bill is supported by the votes of not less than three-quarters of all the members of the House.

(4) A Bill to alter any of the provisions of this Constitution other
than those referred to in subsection (3) of this section shall not be regarded as being passed by the House of Representatives unless on its final reading in the House the Bill is supported by the votes of not less than two-thirds of all the members of the House.

(5) A Bill to alter any of the provisions of this Constitution referred to in subsection (3) of this section shall not be submitted to the Governor-General for his assent unless there has been an interval of not less than ninety days between the introduction of the Bill in the House of Representatives and the beginning of the proceedings in the House on the second reading of the Bill.

(6) (a) A Bill to alter any of the provisions of this Constitution shall not be submitted to the Governor-General for assent unless it is accompanied by a certificate of the Speaker signed by him that the provisions of sub-section (2), (3) or (4) of this section, as the case may be, have been complied with.

(b) The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section, as the case may be, have been complied with and shall not be enquired into by any court of law.

(c) In this subsection, references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker.

(7) In this section and Schedule 2 to this Constitution, references to any of the provisions of this Constitution include references to any law that alters that provision.

(8) In this section, references to altering this Constitution or any provision thereof include references-

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

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

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

70.-(l) Subject to the provisions of this Constitution, each House may
make, amend or revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business, and the passing, instituting and numbering of Bills and the presentation of the same to the Governor-General for assent.

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

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

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

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

(3) The provisions of subsection (2) of this section shall apply in relation to a person who becomes a member of the Senate as they apply in relation to a person who becomes a member of the House of Representatives but as if references to the Speaker and the Deputy Speaker were references to the President and the Vice-President.

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

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

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

73.-(l) Save as otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.

(2) A Speaker elected from among persons who are members of the House of Representatives or a President elected from among persons who are Senators or a member of either House presiding in that House shall have a original but not a casting vote.

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

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

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

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

76.-(l) If at any sitting of either House any member of the House who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the Standing Orders of the House, the person presiding at the sitting ascertains that a quorum of the House is still not present, the House shall be adjourned.

(2) For the purposes of this section-

(a) a quorum of the House of Representatives shall consist of seven members of the House;

(b) a quorum of the Senate shall consist of three Senators;

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

77.-(l) A Bill other than a money Bill may be introduced in either
House. A money Bill shall not be introduced in the Senate.

(2) Except on the recommendation or with the consent of the Cabinet, signified by a Minister, neither House shall-

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

(i) for imposing or increasing or reducing or abolishing any tax;

(ii) for imposing or increasing any charge on the rev- enues or other funds of Belize or for altering any such charge otherwise than by reducing it; or

(iii) for compounding or remitting any debt due to Belize;

(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presid- ing, would be to make provision for any of the purposes aforesaid; or

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

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

(2) 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 subsection (1) of this section the certificate of the Speaker signed by him that it is a money Bill and that the provisions of that subsection have been complied with.

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

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

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

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

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

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

80.-(l) In sections 77, 78 and 79 of this Constitution, “money Bill” means a public Bill, which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions “taxation”, “debt”, “public money” and “loan” do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.
(2) For the purposes of section 79 of this Constitution a Bill shall be deemed to be rejected by the Senate if-

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

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

(3) Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any functions conferred on him by section 78 or 79 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker.

(4) A certificate of the Speaker or the Deputy Speaker under section 78 or 79 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court of law.

(5) Before giving any certificate under section 78 or 79 of this Constitution the Speaker or the Deputy Speaker, as the case may be, shall consult the Attorney-General or, if the Attorney-General is absent from the seat of Government, such member of the Attorney-General’s staff as the Attorney-General may designate for that purpose.

81.-(1) The power of the National Assembly to make laws shall be exercised by Bills passed by the Senate and the House of Representatives (or in the cases mentioned in sections 78 and 79 of this Constitution by the House of Representatives) and assented to by the Governor-General.

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

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

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

(5) All laws made by the National Assembly shall be styled “Acts”.

82.-(1) In every Bill presented to the Governor-General for assent, other than a Bill presented under section 78 or 79 of this Constitution, the words of enactment shall be as follows:-

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

(2) In every Bill presented to the Governor-General for assent under section 78 or 79 of this Constitution, the words of enactment shall be as follows:-

“Be it enacted, by and with the advice and consent of the House of Representatives of Belize in accordance with the provisions of section 78 (or section 79, as the case may be) of the Constitution and by the authority of the same, as follows:-”

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

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

(2) Subject to the provisions of subsection (1) of this section, the sittings of each House shall be held at such time and place as that House may, by its Standing Orders or otherwise, determine:

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

84.-(l) The Governor-General may at any time prorogue or dissolve the National Assembly.

(2) Subject to the provisions of subsection (3) of this section the
National Assembly, unless sooner dissolved, shall continue for five years
from the date of the first sitting of the House of Representatives after any
dissolution and shall then stand dissolved.

(3) At any time when Belize is at war, the National Assembly may by law extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time:

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

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

Provided that-

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

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

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

(5) If, between a dissolution of the National Assembly and the next ensuing general election of members of the House of Representatives, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two houses or either of them to be summoned before that general election can be held, the Governor-General may, by proclamation published in the Gazette, summon the two Houses of the preceding National Assembly and that National Assembly shall thereupon be deemed (except for the purposes of section 85 of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.

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

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

(2) As soon as practicable after every general election, the Governor-General shall proceed under section 61 of this Constitution to the appointment of Senators.

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

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

(b) if the vacant seat is that of a Senator, an appointment shall be made,

to fill the vacancy within three months of the occurrence of the vacancy unless the National Assembly is sooner dissolved.

86.-(1) Any question whether-

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

(b) any member of the House of Representatives or Senator has vacated his seat or is required, under the provisions of section 59(3) or section 64(3) of this Constitution, to cease to exercise any of his functions as a member of the House of Representatives or as a Senator; or

(c) any person has been validly elected as Speaker of the House of Representatives or President of the Senate from among persons who are not members of the House of Representatives or Senators, or, having been so elected, has vacated the office of Speaker or of President,

shall be determined by the Supreme Court in accordance with the provisions of any law.

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

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

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

88.-(l) There shall be an Elections and Boundaries Commission which shall consist of a Chairman and four other members who shall be persons of integrity and high national standing.

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

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

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

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

(5) Subject to the provisions of this section, the office of a member of the Comniission shall become vacant-

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

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

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

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

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

(a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and

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

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

(10) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor-General may appoint another person in the same manner in which such member was appointed, to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.

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

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

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

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

89.-(1) For the purposes of the election of members of the House of Representatives, Belize shall be divided into eighteen electoral divisions, the names and boundaries of which are set out in Schedule 1 to the Representation of the People Act.

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

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

(a) each electoral division shall have as nearly as may be an equal number of persons eligible to vote;

(b) the total number of electoral divisions shall be not less than twenty-eight.

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

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

(4) When the Elections and Boundaries Commission considers it necessary to increase the number of electoral divisions as specified in subsection (1), it shall make proposals to the National Assembly, and the National Assembly may enact a law to give effect to such proposals, with such amendments and modifications as may seem appropriate to the National Assembly.

91. Any redivision of electoral divisions effected in accordance with section 90 of this Constitution shall, in respect of the election of members of the House of Representatives, come into operation at the next general
election held after such redivision and not earlier.

92. At any general election-

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

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

(c) votes shall be cast in a secret ballot.

93. Subject to the provisions of sections 88 to 92 inclusive of this Constitution, the provisions of the Representation of the People Act shall apply to the franchise, registration of voters, the administration of the electoral system, offences relating to the electoral system, the conduct of elections, and all matters connected therewith.

PART V

The Executive

36.-(l) The executive authority of Belize is vested in Her Majesty.

(2) Subject to the provisions of this Constitution, the executive authority of Belize may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.

(3) Nothing in this section shall prevent the National Assembly from conferring functions on persons or authorities other than the Governor-General.

37.-(l) There shall be a Prime Minister of Belize who shall be appointed by the Governor-General.

(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who is the leader of the political party which commands the support of the majority of the members of that House; and if no political party has an overall majority, he shall appoint a member of that House who appears to him likely to command the support of the majority of the members of that House.

(3) If occasion arises for making an appointment to the office of Prime Minister while the National Assembly is dissolved, then, notwithstanding the provisions of subsection (2) of this section, a person who was a member of the House of Representatives immediately before the dissolution may be appointed as Prime Minister.

(4) The Governor-General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House of Representatives and the Prime Minister does not within seven days either resign from his office or advise the Governor-General to dissolve the National Assembly.

(5) The office of Prime Minister shall also become vacant-

(a) if the holder of the office ceases to be a member of the
House of Representatives otherwise than by reason of the dissolution of the National Assembly;

(b) if, by virtue of section 59(3) of this Constitution, he is required to cease to perform his functions as a member of the House; or

(c) if he is informed by the Governor-General that the Governor-General is, in accordance with subsection (2) or (3) of this section, about to reappoint him as Prime Minister or to appoint another person as Prime Minister.

(6) In exercise of the powers conferred on him by this section the Governor-General shall act in his own deliberate judgment.

38. The Governor-General shall, acting in accordance with the advice of the Prime Minister, designate a Minister as Deputy Prime Minister to whom the Prime Minister may from time to time depute such of his functions as he may specify.

39.-(l) Whenever the Prime Minister is absent from Belize or is by reason of illness unable to perform the functions conferred on him in accordance with this Constitution, those functions (other than the functions conferred by this section) shall be performed-

(a) by the Deputy Prime Minister; or

(b) in the absence of the Deputy Prime Minister or if he too is likewise unable to perform those functions, by such other Minister as the Governor-General may authorise for that purpose.

(2) The Deputy Prime Minister shall cease to perform the functions of the Prime Minister when he is informed by the Governor-General that the Prime Minister is about to resume those functions.

(3) A Minister authorised to perform the functions of the Prime Minister under subsection (1)(b) of this section shall cease to perform those functions when he is informed by the Governor-General that the Deputy Prime Minister is about to assume, or that the Prime Minister is about to resume, those functions.

(4) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister:

Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to the absence or illness of the Prime Minister he may exercise those powers-

(a) in accordance with the advice of the Deputy Prime Minister; or

(b) if he likewise considers it impracticable to obtain the advice of the Deputy Prime Minister, in his own deliberate judgment.

40.-(l) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government as may be established by the National Assembly or, subject to the provisions of any law enacted by the National Assembly, by the Governor-General, acting in accordance with the advice of the Prime Minister.

(2) Appointments to the office of Minister shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among members of the House of Representatives and of the Senate:

Provided that persons holding the office of Speaker of the House of Representatives or President of the Senate may not be appointed to the office of Minister.

(3) If occasion arises for making an appointment to the office of Minister while the National Assembly is dissolved, then, notwithstanding the provisions of subsection (2) of this section, a person who was a member of the House of Representatives or of the Senate immediately before the dissolution may be appointed as Minister.

(4) The office of any Minister shall become vacant-

(a) if the holder of the office ceases to be a member of the House of Representatives or of the Senate otherwise than by reason of the dissolution of the National Assembly;

(b) if, by virtue of section 59(3) or 64(3) of this Constitution, he is required to cease to perform his functions as a member of the House of Representatives or of the Senate;

(c) if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;

(d) if the Prime Minister resigns from office within seven days after a resolution of no confidence in the Government has been passed by the House of Representatives or is removed from office under section 37(4) of this Constitution; or

(e) on the appointment of any person to the office of Prime
Minister.

(5) In this section, “Minister” means a Minister of the Government other than the Prime Minister.

41.-(l) The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the Government, including the administration of any department of government:

Provided that responsibility for finance shall be assigned to a Minister who is a member of the House of Representatives.

(2) Where a Minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department of government.

42.-(1) The Attorney-General shall be the principal legal adviser to the Government.

(2) The office of Attorney-General shall be the office of a Minister, with responsibility for the administration of legal affairs in Belize.

(3) No person shall be qualified to hold the office of Attorney-General unless he is a person who has for at least five years been entitled to practise as an advocate in a court having unlimited jurisdiction in civil and
criminal matters in some part of the Commonwealth or in the Republic of Ireland or a court having jurisdiction in appeals from any such court.

(4) If a person holding the office of Attorney-General is for any reason unable to perform the functions conferred on him by or under any law, those functions may be performed by such other person, being a person qualified as aforesaid (whether or not that person is a member of either House of the National Assembly), as the Governor-General, acting in accordance with the advice of the Prime Minister, may direct.

(5) Legal proceedings for or against the State shall be taken, in the case of civil proceedings, in the name of the Attorney-General and, in the case of criminal proceedings, in the name of the Crown.

43.-(1) Whenever a Minister other than the Prime Minister is absent from Belize or is within Belize but by leave of the Governor-General is not performing the functions of his office or by reason of illness is unable to perform those functions, the Governor-General may authorize some other Minister to perform those functions or may appoint a member of the House of Representatives or of the Senate to be a temporary Minister in order to perform those functions; and that Minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the Governor-General or he vacates office as a Minister under section 40(4) of this Constitution.
(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister:

Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers in accordance with the advice of the Deputy Prime Minister.

44.-(l) There shall be a Cabinet of Ministers for Belize which shall consist of the Prime Minister and the other Ministers.

(2) The Cabinet shall be the principal executive instrument of policy with general direction and control of the Government and shall be collectively responsible to the National Assembly for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.

(3) The provisions of subsection (2) of this section shall not apply in
relation to –

(a) the appointment and removal from office of Ministers and
Ministers of State, the assignment of responsibility to any Min- ister under section 41 of this Constitution, or the authorisation of another Minister to perform the functions of the Prime Min- ister during absence or illness; or

(b) the dissolution of the National Assembly.

(4) Whenever practicable the Prime Minister shall attend and preside at all Cabinet meetings; at a meeting of the Cabinet from which the Prime Minister is absent, any other Minister appointed by him for the purpose shall preside.

45.-(l) The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Ministers of State from among the members of the House of Representatives or of the Senate to assist Ministers in the performance of their duties.

(2) The office of a Minister of State shall become vacant-

(a) if the holder of the office ceases to be a member of the House of Representatives or of the Senate otherwise than by reason of the dissolution of the National Assembly;

(b) if, by virtue of section 59(3) or 64(3) of this Constitution, he is required to cease to perform his functions as a member of the House of Representatives or of the Senate;

(c) if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;

(d) if the Prime Minister resigns from the office within seven days after a resolution of no confidence in the Government has been passed by the House of Representatives or is removed from office under section 37(4) of this Constitution; or

(e) on the appointment of any person to the office of Prime
Minister.

46. A Minister or a Minister of State shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.

47.-(l) There shall (except at times when there are no members of the House of Representatives who do not support the Government) be a Leader of the Opposition who shall be appointed by the Governor-General.

(2) Whenever there is occasion for the appointment of a Leader of the Opposition the Governor-General shall appoint the member of the House of Representatives who appears to him most likely to command the support of a majority of the members of the House who do not support the Government: or, if no member of the House appears to him to command such support, the member of the House who appears to him to command the support of the largest single group of members of the House who do not support the Government.

(3) If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of the National Assembly and the day on which the ensuing election of members of the House of Representatives is held, an appointment may be made as if the National Assembly had not been dissolved.

(4) The office of Leader of the Opposition shall become
vacant-

(a) if the holder of the office ceases to be a member of the House of Representatives otherwise than by reason of a dissolution of the National Assembly;

(b) if by virtue of section 59(3) of this Constitution, he is required to cease to perform his functions as a member of the House; or

(c) if he is removed from office by the Governor-General under the provisions of subsection (5) of this section.

(5) If it appears to the Governor-General that the Leader of the Opposition is no longer able to command the support of a majority of the members of the House of Representatives who do not support the Government or (if no member of the House appears to him to be able to command such support) the support of the largest single group of members of the House who do not support the Government, he shall remove the Leader of the Opposition from office.

(6) Subject to the provisions of section 61(3)(b) of this Constitution, during any period in which there is a vacancy in the office of Leader of the Opposition, the provisions of this Constitution containing the requirement that action shall be taken in accordance with the advice of, or after consultation with, or with the concurrence of, the Leader of the Opposition shall have effect as if there were no such requirement.

(7) The powers of the Governor-General under this section shall be exercised by him in his own deliberate judgment.

48. Subject to the direction and control of the Minister pursuant to section 41(2) of this Constitution, every department of government shall be under the supervision of a public officer whose office is referred to in this Constitution as the office of a permanent secretary:

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

49.-(l) There shall be a Secretary to the Cabinet whose office shall be a public office.

(2) The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may direct.

50.-(l) There shall be a Director of Public Prosecutions whose office shall be a public office.

(2) The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do-

(a) to institute, and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person;

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

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

(3) The powers of the Director of Public Prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.

(4) The powers conferred on the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in
him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(5) For the purposes of this section, any appeal from a judgment in criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including Her Majesty in Council) shall be deemed to be part of those proceedings:

Provided that the power conferred on the Director of Public Prosecutions by subsection (2)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(6) Subject to the powers of the Attorney-General under section 42(2) of this Constitution, in the exercise of the powers vested in him by subsection (2) of this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.

51. Subject to the provisions of this Constitution and of any other law, the Governor-General may constitute offices for Belize, make appointments to any such office and terminate any such appointment.

52.-(l) The Governor-General may-

(a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;

(b) grant to any person a respite, either indefinite or for a speci- fied period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any
punishment imposed on any person for any offence; or

(d) remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence.

(2) The powers of the Governor-General under subsection (1) of this section shall be exercised by him in accordance with the advice of the Belize Advisory Council.

53. Where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the Attorney-General shall cause a written report of the case from the trial judge (or the Chief Justice, if a report from the trial judge cannot be obtained), together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Belize Advisory Council, so that the Council may advise the Governor-General whether to exercise any of his powers under section 52(l) of this Constitution.

54.-(l) There shall be a Belize Advisory Council (hereinafter referred to as “the Council”) which shall consist of a Chairman who shall be a person who holds, or has held, or is qualified to hold, office as a judge of a superior court of record, and not less than six other members who shall be persons of integrity and high national standing of whom at least two shall be persons who hold or have held any office referred to in section 107 of this Constitution and at least one shall be a member of a recognised profession in Belize:

Provided that no public officer other than a judge of a superior court of record shall be appointed as Chairman.

(2) Two members of the Council shall be appointed by the
Governor-General, acting in accordance with the advice of the Prime Minister given with the concurrence of the Leader of the Opposition, and the other members, including the Chairman of the Council, shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition:

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

(3) No person shall be appointed as a member of the Belize Advisory Council unless he is a citizen of Belize, except that a member of the Council who holds or has held office as a judge of a superior court of record need not be a citizen of Belize provided that he is a Commonwealth citizen.

(4) Members of the Belize Advisory Council shall be appointed for a period of ten years or such shorter period as may be specified in their respective instruments of appointment.

(5) A member of the Belize Advisory Council shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.

(6) The office of a member of the Belize Advisory Council shall become vacant –

(a) at the expiration of ten years from the date of his appointment or at the expiration of the period specified in the instrument by which he was appointed, whichever is the sooner;

(b) when he attains the age of seventy-five years;

(c) if he resigns such office by writing under his own hand addressed to the Governor-General; or

(d) if by a resolution of the House of Representatives supported by two-thirds of the members of that House he is declared unable to discharge the functions of his office by reason of per- sistent absence or infirmity of body or mind, or to be in breach of the provisions of section 121 of this Constitution.

(7) The functions of the Belize Advisory Council shall be-

(a) to advise the Governor-General in the exercise of his powers under section 52 of this Constitution;

(b) to perform such other tasks and duties as are conferred or im- posed on it by this Constitution or any other law.

(8) In the exercise of its functions the Belize Advisory Council shall not be subject to the direction or control of any other person or authority.

(9) The Governor-General, acting in accordance with the advice
of the Prime Minister given after consultation with the Leader of the Opposition, shall appoint one of the members of the Council to be the Senior Member.

(10) The Chairman and in his absence, the Senior Member, shall
convene meetings of the Council as appropriate for consideration of matters which in accordance with this Constitution or any other law the Council is called upon to consider.

(11) The Chairman and in his absence, the Senior Member, shall preside at all meetings of the Council, and in the absence of both the Chairman and the Senior Member, the member of the Council elected by a majority of the members attending the meeting shall preside at that meeting:

Provided that in any case where the Council is convened to discharge its duties under sections 88, 98, 102, 105, 108 or 109 of this Constitution, or where the Council is convened to hear an appeal from an officer to whom section 106 or section 107 of the Constitution applies, the Chairman shall
preside at that meeting:

Provided further that where the Council is convened to consider the removal of the Chairman, some other person who holds or has held office as a Judge of a superior court of record appointed by the Governor-General on the advice of the Prime Minister given after consultation with the Leader of the Opposition, shall act as the Chairman for that purpose.

(12) At meetings of the Belize Advisory Council-

(a) the quorum shall be five members;

(b) decisions shall be taken by a majority of the votes of those members of the Council present and voting; and

(c) in the event that votes are equally divided on any matter, the Chairman, except when he is the Governor-General, shall have a casting vote in addition to his original vote.

(13) The Belize Advisory Council shall regulate its own procedure.

(14) The Belize Advisory Council may, subject to the provisions
of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.

(15) The question whether or not the Belize Advisory Council has validly performed any functions entrusted to it by this Constitution or any other law shall not be enquired into by any court of law.

PART II

Protection of Fundamental Rights and Freedoms

3. Whereas every person in Belize 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, 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;

(c) protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and

(d) protection from arbitrary deprivation of property,

the provisions of this Part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.

4.-(1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted.

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

(a) for the defence of any person from violence or for the defence of property;

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

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

(d) in order to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

5.-(1) A person shall not be deprived of his personal liberty save as
may be authorised by law in any of the following cases, that is to say: –

(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 Belize or some other country, in respect of a criminal offence of which he has been convicted;

(b) in execution of the order of the Supreme Court or the Court of Appeal punishing him for contempt of the Supreme Court or the Court of Appeal or of another court or tribunal;

(c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon a reasonable suspicion of his having committed, or
being about to commit, a criminal offence under any law;

(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period end- ing not later than the date when he attains the age of eighteen years;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing his unlawful entry into Belize, or for the purpose of effecting his expulsion, extradition or other lawful removal from Belize or for the purpose of restraining him while he is being conveyed through Belize in the course of his extradition or removal as a convicted prisoner from one country to another; or

(j) to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within Belize, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him 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 him during any visit that he is permitted to make to any part of Belize in which, in consequence of any such order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be entitled-

(a) to be informed promptly, and in any case no later than forty- eight hours after such arrest or detention, in a language he un- derstands, of the reasons for his arrest or detention;

(b) to communicate without delay and in private with a legal prac- titioner of his choice and, in the case of a minor, with his par- ents or guardian, and to have adequate opportunity to give instructions to a legal practitioner of his choice;

(c) to be informed immediately upon his arrest of his rights under paragraph (b) of this subsection; and

(d) to the remedy by way of habeas corpus for determining the validity of his detention.

(3) Any person who is arrested or detained-

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law,

and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention.

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

(5) If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall, unless he is released, be entitled to bail on reasonable conditions.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting:

Provided that no person shall be liable for any act done in the performance of a judicial function for which he would not be liable apart from this subsection.

(7) For the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in
execution of the order of a court.

6.-(1) All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.

(2) 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.

(3) 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, of the nature and particulars of the offence charged;

(c) shall be given adequate time and facilities for the preparation of his defence;

(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;

(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

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial,

and except with his own consent the trial shall not take place in his absence unless he so conducts himself 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:

Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court.

(4) A person shall not 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, and no penalty shall be imposed for any criminal 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.

(5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not 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.

(6) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.

(7) Any court or other authority 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 a court or other authority, the case shall be given a fair hearing within a reasonable time.

(8) 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 authority, including the announcement of the decision of the court or other authority, shall be held in public.

(9) Nothing in subsection (8) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority-

(a) may by law be empowered to do and may consider neces- sary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceed- ings or in the interests of public morality, the welfare of per- sons 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 to do in the interests of defence, public safety or public order.

(10) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

(a) subsection (3)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal
offence the burden of proving particular facts;

(b) subsection (3)(e) of this section to the extent that the law in question imposes reasonable 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; or

(c) subsection (5) of this section to the extent that the law in ques- tion authorises 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 disciplin- ary law.

(11) In the case of any person who is held in lawful detention the provisions of subsection (2) and paragraphs (d) and (e) of subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

(12) In this section “criminal offence” means a criminal offence under a law.

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

8.-(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “forced labour” does not include-

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

(b) labour 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;

(c) 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 as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or

(d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and 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 accident or natural calamity, for the purpose of dealing with that situation.

9.-(l) Except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises.

(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 reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality, public health, town and country plan- ning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;

(b) that is required for the purpose of protecting the rights or free- doms of other persons;

(c) that authorises an officer or agent of the Government, 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 that belongs to the Government or to that authority or body corporate, as the case may be; or

(d) that authorises, for the purpose of enforcing the judgment or order of the court in any civil proceedings, the search of any person or property by order of a court or entry upon any pre- mises by such order.

10.-(l) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Belize, the right to reside in any part of Belize, the right to enter Belize, the right to leave Belize and immunity from expulsion from Belize.

(2) Any restriction on a person’s freedom of movement that is in-
volved 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 inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision-

(a) for the imposition of restrictions on the movement or residence within Belize of any person or on any person’s right to leave
Belize that are required in the interests of defence, public safety or public order;

(b) for the imposition of restrictions on the movement or resi- dence within Belize or on the right to leave Belize of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave Belize, of securing compliance with any international obligation of the Government;

(c) for the imposition of restrictions, by order of a court, on the movement or residence within Belize of any person or on any person’s right to leave Belize either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradi- tion or lawful removal from Belize;

(d) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Belize;

(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Belize;

(f) for the imposition of restrictions on the movement or resi- dence within Belize or on the right to leave Belize of any of- ficer in the public service that are required for the proper per- formance of his functions;

(g) for the removal of a person from Belize to be tried or pun- ished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in res- pect of a criminal offence under a law of which he has been convicted; or

(h) for the imposition of restrictions on the right of any person to leave Belize that are required in order to secure the fulfilment of any obligation imposed on that person by law.

(4) If any person whose freedom of movement has been restricted

by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are legal practitioners.

(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

11.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including 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) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required 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.

(3) Every recognised 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 maintains; and no such 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 it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.

(4) A person shall not 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.

(5) 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 which is reasonably required-

(a) in the interests of defence, public safety, public order, public morality or public health;

(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or

(c) for the purpose of regulating educational institutions in the interest of the persons who receive or may receive instruction in them.

(6) References in this section to a religion shall be construed as
including references to a religious denomination, and cognate expressions shall be construed accordingly.

12.-(l) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.

(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 reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality or public health;

(b) that is 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 the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments;
or

(c) that imposes restrictions on officers in the public service that are required for the proper performance of their functions.

 

13.-(1) Except with his own consent, a person shall not 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 trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations.

(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 reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality or public health;

(b) that is required for the purpose of protecting the rights or free- doms of other persons;

(c) that imposes restrictions on officers in the public service that are required for the proper performance of their functions; or

(d) that is required to prohibit any association the membership of which is restricted on grounds of race or colour.

14.-(l) A person shall not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. The private and family life, the home and the personal correspondence of every person shall be respected.

(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 of the kind specified in subsection (2) of section 9 of this Constitution.

15.-(1) No person shall be denied the opportunity to gain his living by work which he freely chooses or accepts, whether by pursuing a profession or occupation or by engaging in a trade or business, or otherwise.

(2) It shall not be inconsistent with subsection (1) of this section to require, as a condition for embarking upon or continuing work, the payment of professional fees, trade or business licence fees, or similar charges, or the possession of appropriate licences or qualifications.

(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 reasonable provision-

(a) that is required in the interests of defence, public safety, public order, public morality or public health;

(b) that is required for the purpose of protecting the rights or freedoms of other persons; or

(c) for the imposition of restrictions on the right to work of any person who is not a citizen of Belize.

16.-(l) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority.

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

(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(a) for the appropriation of public revenues or other public funds;

(b) with respect to persons who are not citizens of Belize;

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of per- sons of that description; or

(d) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disabil- ity or restriction or may be accorded any privilege or advan- tage that, having regard to its nature and to special circum- stances pertaining to those persons or to persons of any other such description, is reasonably justifiable.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such
provision of law as is referred to in subsection (4) or subsection (5) of this section.

(7) 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 (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 10, 11, 12 and 13 of this Constitution, being such a restriction as is authorised by section 9(2), paragraph (a), (b) or (h) of section 10(3), section 11(5), section 12(2) or section 13(2), as the case may be.

(8) Nothing contained in subsection (2) of this section 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.

17.-(l) 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 a law that-

(a) prescribes the principles on which and the manner in which reasonable compensation therefor is to be determined and given within a reasonable time; and

(b) secures to any person claiming an interest in or right over the property a right of access to the courts for the purpose of-

(i) establishing his interest or right (if any);

(ii) determining whether that taking of possession or acquisition was duly carried out for a public purpose in accordance with the law authorising the taking of possession or acquisition;

(iii) determining the amount of the compensation to which he may be entitled; and

(iv) enforcing his right to any such compensation.

(2) Nothing in this section shall invalidate any law by reason only that it provides for the taking possession of any property or the acquisition of any interest in or right over property-

(a) in satisfaction of any tax, rate or due;

(b) by way of penalty for breach of the law or forfeiture in conse- quence of a breach of the law;

(c) by way of taking a sample for the purposes of any law;

(d) as an incident of any deposit required to be made with the Government of a reasonable number of copies of every book, magazine, newspaper or other printed work published in Belize;

(e) where the property consists of an animal, upon its being found trespassing or straying;

(f) as an incident of a lease, tenancy, mortgage, charge, bill of sale or any other right or obligation arising under a contract;

(g) by way of requiring persons carrying on business in Belize to deposit money with the Government or an agency of the Gov- ernment for the purpose of controlling credit or investment in Belize;

(h) by way of the vesting and administration of trust property, en- emy property, the property of deceased persons, persons of unsound mind or persons adjudged or otherwise declared bank- rupt or the property of companies or other societies (whether incorporated or not) in the course of being wound up;

(i) in the execution of judgments or orders of courts;

(j) in consequence of any law with respect to the limitation of
actions;

(k) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;

(l) for the purpose of marketing property of that description in the common interests of the various persons otherwise entitled to dispose of that property; or

(m) for so long only as may be necessary for the purpose of an examination, investigation, trial or enquiry or, in the case of land, the carrying out on the land-

(i) of work of soil conservation or the conservation of other natural resources; or

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

18.-(1) In this Part “period of public emergency means any period during which –

(a) Belize 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 the National Assembly declar- ing that democratic institutions in Belize are threatened by sub-version.

(2) The Governor-General may, by proclamation which shall be
published in the Gazette, declare that a state of public emergency exists for the purposes of this Part.

(3) A proclamation made by the Governor-General under subsection (2) of this section shall not be effective unless it contains a declaration that the Governor-General is satisfied-

(a) that a state of war between Belize and another State is immi- nent or that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other similar calamity; or

(b) that action has been taken or is immediately threatened by any person or body of persons 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.

(4) A proclamation made under subsection (2) of this section may be made so as to apply only to such part of Belize as may be specified in the proclamation (in this subsection called “the emergency area”), in which case regulations made under subsection (9) of this section shall except as otherwise expressly provided in such regulations have effect only in the emergency area.

 

(5) A proclamation made by the Governor-General for the purposes of and in accordance with this section-

(a) shall, unless previously revoked, remain in force for a period not exceeding one month;

(b) may be extended from time to time by a resolution passed by the National Assembly for further periods, not exceeding in respect of each such extension a period of twelve months; and

(c) may be revoked at any time by a resolution of the National Assembly.

(6) A resolution of the National Assembly passed for the purposes of subsection (1)(c) of this section shall remain in force for two months or such shorter period as may be specified therein:

Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding two months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution.

(7) A resolution of the National Assembly for the purposes of subsection (1)(c) of this section, and a resolution of the National Assembly extending or revoking any such resolution, shall not be passed unless it is supported by the votes of two-thirds of the members of the House of Representatives present and voting.

(8) Any provision of this section that a proclamation or resolution shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such proclamation or resolution whether before or after that time.

(9) During any period of public emergency, the following provisions shall have effect-

(a) the Governor-General may make such regulations as are necessary or expedient for securing public safety, the defence of Belize, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community;

(b) any such regulations may empower such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations are authorised by this subsection to be made and may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the regulations;

(c) any such regulations or any order or rule made in pursuance of such regulations may amend or suspend the operation of any law and shall have effect notwithstanding anything inconsistent therewith contained in any law;

(d) in this subsection, “law” does not include this Constitution or any provision thereof or any law that alters this Constitution or any provision thereof.

(10) Nothing contained in or done under the authority of any law (including any regulations made under subsection (9) of this section) shall
be held to be inconsistent with or in contravention of sections 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, or 17 of this Constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.

19.-(l) When a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in Belize during that period, the following provisions shall apply, that is to say-

(a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands of the grounds upon which he is detained and furnished with a written state- ment in English specifying the particulars of those grounds;

(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Gazette stat- ing that he has been detained and giving particulars of the pro- vision of law under which his detention is authorised;

(c) not more than one month after the commencement of his de- tention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an inde- pendent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;

(d) he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and

(e) at the hearing of his case by the tribunal appointed for the
review of his case he shall be permitted to appear in person or to be represented by a legal practioner of his own choice.

(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention 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.

(3) Nothing contained in subsection (l)(d) or subsection (l)(e) of this section shall be construed as entitling a person to legal representation at public expense.

20.-(l) If any person alleges that any of the provisions of sections 3 to 19 inclusive of this Constitution has been, 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 Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction-

(a) to hear and determine any application made by any
person in pursuance of subsection (1) of this section; and

(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section,

and may make such declarations and 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 3 to 19 inclusive of this Constitution:

Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

(3) If in any proceedings in any court (other than the Court of Appeal or the Supreme Court or a court-martial ) any question arises as to the contravention of any of the provisions of sections 3 to 19 inclusive of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of this question is merely frivolous or vexatious.

(4) Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal:

Provided that no appeal shall lie from a determination of the Supreme Court under this section dismissing an application on the grounds that it is frivolous or vexatious.

(5) Where any question is referred to the Supreme Court in pursuance of subsection (3) of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal 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.

(6) Notwithstanding the validity of any law under section 9(2), 10(3), 11(5), 12(2), 13(2) or 16(4)(d) of this Constitution, any act or thing done under the authority of such law shall be unlawful if such act or thing is shown not to be reasonably required in the actual circumstances in which it is done.

(7) The Supreme Court shall have such powers in addition to those conferred by this section as may be conferred on it by the National Assembly for the purpose of enabling it more effectively to exercise the jurisdiction conferred on it by this section.

(8) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the Surpeme Court).

21. Nothing contained in any law in force immediately before Independence Day nor anything done under the authority of any such law shall, for a period of five years after Independence Day, be held to be inconsistent with or done in contravention of any of the provisions of this Part.

22.-(1) In this Part, unless the context otherwise requires-

“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 Belize other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 4 and 8 of this Constitution a court established by a disciplinary law;

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

“disciplined force means-

(a) a naval, military or air force;

(b) the Belize Police Department;

(c) a prison service; or

(d) any such other force or service as may be prescribed by the National Assembly;

“legal practitioner” means a person admitted and enrolled as an attorney-at-law under the laws of Belize;

“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) In relation to any person who is a member of a disciplined force of Belize, 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 Part other than sections 4, 7 and 8 of this Constitution.

(3) In relation to any person who is a member of a disciplined force of a country other than Belize that is lawfully present in Belize, 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 Part.

PART VI

The Legislature

55. There shall be in and for Belize a Legislature which shall
consist of a National Assembly comprising two Houses, that is to say, a House of Representatives and a Senate.

The House of Representatives

56.-(1) Subject to the provisions of this section, the House of Representatives shall consist of eighteen members who shall be elected in the manner provided by law.

(2) If any person who is not a member of the House of Representatives is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House in addition to the eighteen members aforesaid.

(3) The National Assembly, in accordance with the provisions of of section 90 of this Constitution, may by law increase the number of members of the House of Representatives.

57. Subject to the provisions of section 58 of this Constitution, a person shall be qualified to be elected as a member of the House of Repre-sentatives if, and shall not be qualified to be so elected unless, he-

(a) is a citizen of Belize of the age of eighteen years or upwards; and

(b) has resided in Belize for a period of at least one year immediately before the date of his nomination for election.

58.-(l) No person shall be qualified to be elected as a member of the
House of Representatives who-

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or State;

(b) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

(c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

(d) is under sentence of death imposed on him by a court in any part of the Commonwealth 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;

(e) is disqualified for membership of the House of Representatives by any law by reason of his holding, or acting in, any office the functions of which involve-

(i) any responsibility for, or in connection with, the con- duct of any election, or

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

(f) is disqualified for membership of the House of Representatives by virtue of any law by reason of his having been convicted of any offence relating to elections;

(g) is disqualified for membership of the House of Representatives under any law by virtue of-

(i) 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;

(ii) his belonging to any of the armed forces of Belize or to any class of person that is comprised in any such force; or

(iii) his belonging to any police force or to any class of persons that is comprised in any such force; or

(h) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the government for or on account of the public service and has not, within one month before the day of election, declared publicly and in a newspaper circulating in the electoral division for which he is a candidate a notice setting out the nature of the contract and his interest, or the interest of any such firm or company therein:

Provided that if it appears to the Governor-General, acting in his own
deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section, but no such order shall be made if proceedings have been commenced calling in question the right of that member to be a member of the House of Representatives on the ground that he is disqualified under this paragraph.

(2) For the purposes of paragraph (d) of subsection (1) of this section-

(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 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.

59.-(l) Every member of the House of Representatives shall vacate his
seat in the House at the next dissolution of the National Assembly after his election.

(2) A member of the House of Representatives shall also vacate his seat in the House –

(a) if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the Standing Orders of the House;

(b) if he ceases to be a citizen of Belize;

(c) subject to the provisions of subsection (3) of the section, if any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election thereto by virtue of section 58(l) of this Constitution; or

(d) if he shall become a party to any contract with the government for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract:

Provided that if in the circumstances it shall appear to them just so to do, the House of Representatives by resolution may exempt any member thereof from vacating his seat under the provisions of this paragraph if such member shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the House the nature of such contract and his interest or the interest of any such firm or company therein.

(3)(a) If circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the House of Representatives is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and undischarged, or convicted of an offence relating to elections, and if 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 functions as a member of the House but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may 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 and fifty days shall not be given without the approval, signified by resolution, of the House.

(b) If, on the determination of 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 for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(c) If at any time before the member of the House 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 (a) of this subsection and he may resume the performance of his functions as a member of the House.

60.-(l) When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business it shall elect a person to be Speaker of the House; and, if the office of Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practicable, elect another person to that office.

(2) The Speaker shall be above the age of thirty years and may be elected either from among the members of the House of Representatives who are not Ministers or from among persons who are not members of either House:

Provided that a person who is not a member of either House shall not be elected as Speaker if-

(a) he is not a citizen of Belize; or

(b) he is a person disqualified for election as a member of the House of Representatives by virtue of section 58(l) of this Constitution.

(3) When the House of Representatives first meets after any gen- eral election and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a Minister, to be Deputy Speaker of the House; and if the office of Deputy Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practica- ble, elect another such member to that office.

(4) A person shall vacate the office of Speaker or Deputy Speaker-

(a) in the case of a Speaker elected from among members of the House of Representatives or in the case of the Deputy Speaker-

(i) if he ceases to be a member of the House; or

(ii) if he is appointed to be a Minister;

(b) in the case of a Speaker elected from among persons who are not members of either House-

(i) upon any dissolution of the National Assembly;

(ii) if he ceases to be a citizen of Belize; or

(iii) if any circumstances arise which would cause him to be disqualified for election as a member of the House by virtue of section 58(l) of this Constitution;

(c) in the case of the Deputy Speaker, if he is elected to be Speaker.

(5)(a) If, by virtue of section 59(3) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-

(i) in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant, by such member of the House (not being a Minister) as the House may elect for the purpose;

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

(b) If the Speaker or Deputy Speaker resumes the performance
of his functions as a member of the House, in accordance with the provisions of section 59(3) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

The Senate

61.-(l) The Senate shall consist of eight members (in this Constitution referred to as “Senators”) who shall be appointed by the Governor-General in accordance with the provisions of this section:

Provided that if any person who is not a Senator is elected to be President of the Senate he shall, by virtue of holding office of President, be a Senator in addition to the eight members aforesaid.

(2) Of the eight Senators-

(a) five shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister;

(b) two shall be appointed in accordance with the provisions of subsection (3) of this section;

(c) one shall be appointed by the Governor-General acting after consultation with the Belize Advisory Council.

(3) The two Senators referred to in subsection (2)(b) of this
section shall be appointed-

(a) by the Governor-General acting in accordance with the
advice of the Leader of the Opposition; or

(b) if the office of Leader of the Opposition is vacant, then-

(i) by the Governor-General acting in accordance with the advice of a person selected by him, in his own deliberate judgment, for the purpose of tendering such advice; or

(ii) if the Governor-General, in his own deliberate judgment, decides to select two such persons, by the Governor-General acting in accordance with the advice of such persons, each of whom shall advise him on the appointment of one Senator.

62. Subject to the provisions of section 63 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-

(a) is a citizen of Belize of the age of eighteen years or upwards; and

(b) has resided in Belize for a period of at least one year immediately before the date of his appointment.

63.-(1) No person shall be qualified to be appointed as a Senator who-

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or State;

(b) is a member of the House of Representatives;

(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

(d) is a person certified to be insane or otherwise to be of unsound mind under any law;

(e) is under sentence of death imposed upon him by a court in any part of the Commonwealth 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;

(f) is disqualified for membership of the House of Representatives by any law by reason of his holding, or acting in, any office the functions of which involve-

(i) any responsibility for, or in connection with, the con- duct of any election; or

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

(g) is disqualified for membership of the House of Representa- tives by virtue of any law by reason of his having been con- victed of any offence relating to elections;

(h) is disqualified for membership of the Senate under any law by virtue of-

(i) his holding or acting in any office or appointment speci- fied (either individually or by reference to a class of office or appointment) by such law;

(ii) his belonging to any of the armed forces of Belize or to any class of person that is comprised in any such force; or

(iii) his belonging to any police force or to any class of person that is comprised in any such force; or

(i) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government for or on account of the public service, and has not disclosed to the Governor-General the nature of such contract and his interest, or the interest of any such firm or company, therein:

Provided that if it appears to the Governor-General, acting in his own deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section.

(2) For the purposes of paragraph (e) of subsection (1) of this section-

(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 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.

64.-(l) Every Senator shall vacate his seat in the Senate at the next dissolution of the National Assembly after his appointment.

(2) A Senator shall also vacate his seat in the Senate-

(a) if he is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the Standing Orders of the Senate;

(b) if, with his consent, he is nominated as a candidate for election to the House of Representatives;

(c) if he ceases to be a citizen of Belize;

(d) subject to the provisions of subsection (3) of this section, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of section 63(1) of this Constitution;

(e) if the Governor-General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed in accordance with that advice, or acting in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or acting after consultation with the Belize Advisory Council in the case of a Senator appointed after such consultation, declares the seat of that Senator to be vacant; or

(f) if he shall become a party to any contract with the Govern- ment for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract:

Provided that if in the circumstances it shall appear to him to be just so to do, the Governor-General, acting in his own deliberate judgment, may exempt any Senator from vacating his seat under the provisions of this paragraph if such Senator shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the Governor-General the nature of such contract and his interest or the interest of any such firm or company therein.

(3)(a) If circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because a Senator is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and is undischarged, or convicted of an offence relating to elections, and it is open to the Senator 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 functions as a Senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the President of the Senate may 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.

(b) If, on the determination of an 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 or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

(c) 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 (a) of this subsection and he may resume the performance of his functions as Senator.

65.-(l) The Governor-General may declare a Senator to be, by reason of illness, temporarily incapable of performing his functions as a Senator and thereupon such Senator shall not perform his said functions until he is declared by the Governor-General again to be capable of performing them.

(2) Whenever a Senator is incapable of performing his functions as a Senator by reason of his absence from Belize or by virtue of the provisions of section 64 of this Constitution or by reason of a declaration made under the last foregoing subsection, the Governor-General may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate.

(3) Subsections (1) and (2) of section 64 of this Constitution shall apply in relation to a person appointed as a Senator under this section as they apply in relation to a Senator appointed under section 61 (except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 64) and an appointment made under this section shall in any case cease to have effect when the person appointed is notified by the Governor-General that the circumstances giving rise to his appointment have ceased to exist.

(4) In the exercise of the powers conferred on him by this section the Governor-General shall act-

(a) in accordance with the advice of the Prime Minister in relation to an appointment to be temporarily a member of the Senate in place of a Senator appointed in pursuance of paragraph (a) of subsection (2) of section 61 of this Constitution;

(b) in accordance with the advice of the Leader of the Opposi- tion in relation to an appointment to be temporarily a member of the Senate in place of a Senator appointed in pursuance of paragraph (b) of subsection (2) of the said section;

(c) after consultation with the Belize Advisory Council in any other case.

66.-(1) When the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be President of the Senate; and, if the office of President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another person to that office.

(2) When the Senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the President, it shall elect a Senator, who is not a Minister, to be Vice-President of the Senate; and if the office of Vice-President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another Senator to that office.

(3) The President and the Vice-President shall be above the age of thirty years and the President may be elected either from among the Senators who are not Ministers or from among persons who are not members of either House:

Provided that a person who is not a member of either House shall not be elected as President if-

(a) he is not a citizen of Belize; or

(b) he is a person disqualified for election as a member of the House of Representatives by virtue of section 58(l) of this Constitu- tion.

(4) A person shall vacate the office of President or Vice-President
of the Senate-

(a) in the case of a President elected from among members of the Senate or in the case of the Vice-President-

(i) if he ceases to be a Senator; or

(ii) if he is appointed to be a Minister;

(b) in the case of a President elected from among persons who are not members of either House-

(i) upon any dissolution of the National Assembly;

(ii) if he ceases to be a citizen of Belize; or

(iii) if any circumstances arise which would cause him to be disqualified for election as a member of the House of Representatives by virtue of section 58(l) of this Constitution;

(c) in the case of the Vice-President, if he is elected to be President.

(5)(a) If, by virtue of section 64(3) of this Constitution, the President or the 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-

(i) in the case of the President, by the Vice-President or, if the office of Vice-President is vacant, by such Sena- tor (not being a Minister) as the Senate may elect for the purpose;

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

(b) If the President or Vice-President resumes the performance of his functions as Senator, in accordance with the provisions of section 64(3) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.

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

(2) The National Assembly may by law regulate the recruitment and the conditions of service of persons referred to in subsection (1).

Powers and Procedure

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

69.-(1) The National Assembly may alter any of the provisions of this Constitution in the manner specified in the following provisions of this section.

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

(3) A Bill to alter this section, Schedule 2 to this Constitution or any of the provisions of this Constitution specified in that Schedule shall not be regarded as being passed by the House of Representatives unless on its final reading in the House the Bill is supported by the votes of not less than three-quarters of all the members of the House.

(4) A Bill to alter any of the provisions of this Constitution other
than those referred to in subsection (3) of this section shall not be regarded as being passed by the House of Representatives unless on its final reading in the House the Bill is supported by the votes of not less than two-thirds of all the members of the House.

(5) A Bill to alter any of the provisions of this Constitution referred to in subsection (3) of this section shall not be submitted to the Governor-General for his assent unless there has been an interval of not less than ninety days between the introduction of the Bill in the House of Representatives and the beginning of the proceedings in the House on the second reading of the Bill.

(6) (a) A Bill to alter any of the provisions of this Constitution shall not be submitted to the Governor-General for assent unless it is accompanied by a certificate of the Speaker signed by him that the provisions of sub-section (2), (3) or (4) of this section, as the case may be, have been complied with.

(b) The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section, as the case may be, have been complied with and shall not be enquired into by any court of law.

(c) In this subsection, references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker.

(7) In this section and Schedule 2 to this Constitution, references to any of the provisions of this Constitution include references to any law that alters that provision.

(8) In this section, references to altering this Constitution or any provision thereof include references-

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

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

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

70.-(l) Subject to the provisions of this Constitution, each House may
make, amend or revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business, and the passing, instituting and numbering of Bills and the presentation of the same to the Governor-General for assent.

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

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

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

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

(3) The provisions of subsection (2) of this section shall apply in relation to a person who becomes a member of the Senate as they apply in relation to a person who becomes a member of the House of Representatives but as if references to the Speaker and the Deputy Speaker were references to the President and the Vice-President.

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

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

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

73.-(l) Save as otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.

(2) A Speaker elected from among persons who are members of the House of Representatives or a President elected from among persons who are Senators or a member of either House presiding in that House shall have a original but not a casting vote.

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

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

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

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

76.-(l) If at any sitting of either House any member of the House who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the Standing Orders of the House, the person presiding at the sitting ascertains that a quorum of the House is still not present, the House shall be adjourned.

(2) For the purposes of this section-

(a) a quorum of the House of Representatives shall consist of seven members of the House;

(b) a quorum of the Senate shall consist of three Senators;

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

77.-(l) A Bill other than a money Bill may be introduced in either
House. A money Bill shall not be introduced in the Senate.

(2) Except on the recommendation or with the consent of the Cabinet, signified by a Minister, neither House shall-

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

(i) for imposing or increasing or reducing or abolishing any tax;

(ii) for imposing or increasing any charge on the rev- enues or other funds of Belize or for altering any such charge otherwise than by reducing it; or

(iii) for compounding or remitting any debt due to Belize;

(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presid- ing, would be to make provision for any of the purposes aforesaid; or

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

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

(2) 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 subsection (1) of this section the certificate of the Speaker signed by him that it is a money Bill and that the provisions of that subsection have been complied with.

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

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

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

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

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

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

80.-(l) In sections 77, 78 and 79 of this Constitution, “money Bill” means a public Bill, which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions “taxation”, “debt”, “public money” and “loan” do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.
(2) For the purposes of section 79 of this Constitution a Bill shall be deemed to be rejected by the Senate if-

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

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

(3) Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any functions conferred on him by section 78 or 79 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker.

(4) A certificate of the Speaker or the Deputy Speaker under section 78 or 79 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court of law.

(5) Before giving any certificate under section 78 or 79 of this Constitution the Speaker or the Deputy Speaker, as the case may be, shall consult the Attorney-General or, if the Attorney-General is absent from the seat of Government, such member of the Attorney-General’s staff as the Attorney-General may designate for that purpose.

81.-(1) The power of the National Assembly to make laws shall be exercised by Bills passed by the Senate and the House of Representatives (or in the cases mentioned in sections 78 and 79 of this Constitution by the House of Representatives) and assented to by the Governor-General.

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

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

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

(5) All laws made by the National Assembly shall be styled “Acts”.

82.-(1) In every Bill presented to the Governor-General for assent, other than a Bill presented under section 78 or 79 of this Constitution, the words of enactment shall be as follows:-

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

(2) In every Bill presented to the Governor-General for assent under section 78 or 79 of this Constitution, the words of enactment shall be as follows:-

“Be it enacted, by and with the advice and consent of the House of Representatives of Belize in accordance with the provisions of section 78 (or section 79, as the case may be) of the Constitution and by the authority of the same, as follows:-”

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

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

(2) Subject to the provisions of subsection (1) of this section, the sittings of each House shall be held at such time and place as that House may, by its Standing Orders or otherwise, determine:

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

84.-(l) The Governor-General may at any time prorogue or dissolve the National Assembly.

(2) Subject to the provisions of subsection (3) of this section the
National Assembly, unless sooner dissolved, shall continue for five years
from the date of the first sitting of the House of Representatives after any
dissolution and shall then stand dissolved.

(3) At any time when Belize is at war, the National Assembly may by law extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time:

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

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

Provided that-

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

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

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

(5) If, between a dissolution of the National Assembly and the next ensuing general election of members of the House of Representatives, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two houses or either of them to be summoned before that general election can be held, the Governor-General may, by proclamation published in the Gazette, summon the two Houses of the preceding National Assembly and that National Assembly shall thereupon be deemed (except for the purposes of section 85 of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.

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

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

(2) As soon as practicable after every general election, the Governor-General shall proceed under section 61 of this Constitution to the appointment of Senators.

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

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

(b) if the vacant seat is that of a Senator, an appointment shall be made,

to fill the vacancy within three months of the occurrence of the vacancy unless the National Assembly is sooner dissolved.

86.-(1) Any question whether-

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

(b) any member of the House of Representatives or Senator has vacated his seat or is required, under the provisions of section 59(3) or section 64(3) of this Constitution, to cease to exercise any of his functions as a member of the House of Representatives or as a Senator; or

(c) any person has been validly elected as Speaker of the House of Representatives or President of the Senate from among persons who are not members of the House of Representatives or Senators, or, having been so elected, has vacated the office of Speaker or of President,

shall be determined by the Supreme Court in accordance with the provisions of any law.

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

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

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

88.-(l) There shall be an Elections and Boundaries Commission which shall consist of a Chairman and four other members who shall be persons of integrity and high national standing.

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

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

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

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

(5) Subject to the provisions of this section, the office of a member of the Comniission shall become vacant-

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

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

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

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

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

(a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and

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

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

(10) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor-General may appoint another person in the same manner in which such member was appointed, to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.

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

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

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

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

89.-(1) For the purposes of the election of members of the House of Representatives, Belize shall be divided into eighteen electoral divisions, the names and boundaries of which are set out in Schedule 1 to the Representation of the People Act.

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

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

(a) each electoral division shall have as nearly as may be an equal number of persons eligible to vote;

(b) the total number of electoral divisions shall be not less than twenty-eight.

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

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

(4) When the Elections and Boundaries Commission considers it necessary to increase the number of electoral divisions as specified in subsection (1), it shall make proposals to the National Assembly, and the National Assembly may enact a law to give effect to such proposals, with such amendments and modifications as may seem appropriate to the National Assembly.

91. Any redivision of electoral divisions effected in accordance with section 90 of this Constitution shall, in respect of the election of members of the House of Representatives, come into operation at the next general
election held after such redivision and not earlier.

92. At any general election-

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

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

(c) votes shall be cast in a secret ballot.

93. Subject to the provisions of sections 88 to 92 inclusive of this Constitution, the provisions of the Representation of the People Act shall apply to the franchise, registration of voters, the administration of the electoral system, offences relating to the electoral system, the conduct of elections, and all matters connected therewith.