THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO
PART 2
EXCEPTIONS FOR EXISTING LAW
SAVINGS FOR EXISTING LAW
6.- 1. Nothing in sections 4 and 5 shall invalidate-
a. an existing law;
b. an enactment that repeals and re-enacts an existing law without alteration; or
c. an enactement that alters an existing law but does not derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right.
2. Where an enactment repeals and re-enacts with modifications an existing law and is held to derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right then, subject to sections 13 and 54 , the provisions of the existing law shall be substituted for such of the provisions of the enactment as are held to derogate from the fundamental right in a manner in which or to an extent to which the existing law did not previously derogate from that right.
3. In this section-
"alters" in relation to an existing law, includes repealing that law and re-enacting it with modifications or making different provisions in place of it or modifying it;
"existing law" means a law that had effect as part of the law of Trinidad and Tobago immediately before the commencement of this Constitutions, and includes any enactment referred to in subsection (1);
"right" includes freedom.
PART 3
EXCEPTIONS FOR EMERGENCIES
EMERGENCY POWERS
7.- 1. Without prejudice to the power of Parliament to make provision in the premise, but subject to this section, where any period of public emergency exists, the President may, due regard being had to the circumstances of any situation likely to arise or exist during such period make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or any other person by any Act referred to in subsection (3) or instrument made under this section or any such Act.
2. Without prejudice to the generality of subsection (1) regulations made under that subsection may, subject to section 11, make provision for the detention of persons.
3. An Act that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulations made under subsection (1) shall have effect even though inconsistent with sections 4 and 5 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists durign that period.
PERIOD OF PUBLIC EMERGENCY
8.- 1. Subject to this section, for the purposes of this Chapter, the President may from time to time make a Proclamation declaring that a state of public emergency exists.
2. A Proclamation made by the President under subsection (1) shall not be effective unless it contains a declaration that the President is satisfied-
a. that a public emergency has arisen as a result of the imminence of a state of war between Trinidad and Tobago and a foreign State;
b. that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or
c. that action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life.
GROUNDS FOR, AND INITIAL DURATION OF PROCLAMATION
9.- 1. Within three days of the making of the Proclamation, the President shall deliver to the Speaker for presentation to the House of Representatives a statement setting out the specifie grounds on which the decision to declare the existence of a state of public emergency was based, and a date shall be fixed for a debate on this statement as soon as practicable but in any event not later that fifteen days from the date of the Proclamation.
2. A Proclamation made by the President for the purposes of and in accordance with this section shall, unless previously revoked, remain in force for fifteen days.
EXTENSION OF PROCLAMATION
10.- 1. Before its expiration the Proclamation may be extended from time to time by resolution supported by a simple majority vote of the House of Representatives, so however, that no extension exceeds three months and the extensions do not in ths aggregate exceed six months.
2. The Proclamation may be further extended from time to time for not more than three months at any one time, by a resolution passed by both Houses of Parliament and supported by the votes of not less that three-fifths of all the members of each House.
3. The Proclamation may be revoked at any time by a resolution supported by a simple majority vote of the House of Representatives.
4. In this Chapter "period of public emergency" means any period during which-
a. Trinidad and Tobago is engaged in any war; or
b. there is in force a Proclamation by the President declaring that a state of public emergency exists; or
c. there is in force a resolution of both Houses of Parliament supported by the votes of not less than two-thirds of all the members of each House declaring that democratic institutions in Trinidad and Tobago are threatened by subversion.
DETENTION OF PERSONS
11.- 1. Where any person who is lawfully detained by virtue only of such an Act or regulations as is referred to insection 7 so requests at any time during the period of that detention and thereafter not earlier than six months after he last made such a request during that period, his case shal be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among the persons entitled to practise in Trinidad and Tobago as barristers or solicitors.
2. On any review by a tribunal in pursuance of subsection (1) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered but, unless otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations.
PUBLICATION
12.- 1. Where at any time it is impracticable or inexpedient to publish in the Gazette any Proclamation, Notice, Regulation or Order in pursuance of this Part, the President may cause the same to be published by notices thereof affixed to public buildings or distributed amongst the public or by oral public announcements.
2. Upon the publication of any Proclamation under this part all such detention orders, curfew orders or other instruments, directions or instructions as are authorised to be made, issued or given by any regulations referred to in section 7 may be made, issued or given and executed upon any person or authority, even if such regulations have not yet been published pursuant to subsection (1).
PART 4
EXCEPTIONS FOR CERTAIN LEGISLATION
ACTS INCONSISTENT WITH SECTIONS 4 AND 5
13.- 1. An Act to which this section applies may expressly declare that it shal have effect even though inconsistent with sections 4 and 5 and, if any such Act does so declare, it shal have effect accordingly unless the Act is shown not to be reasonably justificable in a society that has a proper respect for the rights and freedoms of the individual.
2. An Act to which this section applies is one the bill for which has been passed by both Houses of Parliament and at the final vote thereon in each House has been supported by the votes of not less than three-fifths of all the members of that House.
3. For the purposes of subsection (2) the member of members of the Senate shall, notwithstanding the appointment of temporary members in accordance with section 44, be deemed to be the number of members specified in section 40(1).
PART 5
GENERAL
ENFORCEMENT OF THE PROTECTIVE PROVISIONS
14.- 1. For the removal of doubts it is hereby declared that if any person alleges that any of the provisions of this Chapter has been, is being, or is likely to be contravened in relation to him, then without prejudice to any other actionwith respect to the same matter which is lawfully available, that person may apply to the High Court for redress by way of originating motion.
2. The High Court shall have original jurisdiction-
a. to hear and determine any application made by any person in pursuance of subsection (1), and
b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (4),
and may, subject to subsection (3), make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this Chapter to the protection of which the person concerned is entitled.
No. 17 of 1966
3. The State Liability and Proceedings Act, 1966 shall have effect for the purpose of any proceedings under this section.
4. Where in any proceedings in any court other than the High Court or the Court of Appeal any question arises as to the contravention of any of the provisions of this Chapter the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless in his opinion the raising of the question is merely frivolous or vexatious.
5. Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal and shall be entitled as of right to a stay of execution of the order and may in the discretion of the Court be granted bail.
6. Nothing in this section shall limit the power of Parliament to confer on the High Court or the Court of Appeal such powers as Parliament may think fit in relation to the exercise by the High Court or the Court of Appeal, as the case may be, of its jurisdiction in respect of the matters arising under this Chapter.
CHAPTER 2
CITIZENSHIP
CONTINUATION OF CITIZENSHIP OF CITIZENS UNDER SECTION 9 OF FORMER CONSTITUTION
15.- Any person who became a citizen by birth under section 9(1) or a citizen by descent under section 9(2) of the former Constitution and who has not ceased to be a citizen under that Constitution, shall continue to be a citizen under this Constitution.
CONTINUATION OF CITIZENSHIP OF CITIZENS BY REGISTRATION, NATURALIZATION, ETC.
16.- Any person who became a citizen of Trinidad and Tobago by virtue of registration under the former Constitution or by virtue of an acquisition of citizenship under Part II of the Trinidad and Tobago Citizenship Act, 1962, and who has not ceased to be a citizen under any law in force in Trinidad and Tobago shall continue to be a citizen under this Constitution.
No. 11 of 1962
ACQUISITION OF CITIZENSHIP BY BIRTH OR DESCENT. CONTINUATION OF CITIZENSHIP. RETROSPECTIVE CITIZENSHIP
17.- 1. Subject to subsection (2), every person born in Trinidad and Tobago after the commencement of this Constitution shall become a citizen of Trinidad and tobago at the date of his birth.
2. A person shall not become a citizen of Trinidad and Tobago by virtue of subsection (1), if at the time of his birth-
a. neither of his parents is a citizen of Trinidad and Tobago and either of them possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Trinidad and Tobago; or
b. either of his parents is an enemy alien and the virth occurred in a place then under occupation by the enemy.
3. A person born outside Trinidad and Tobago after the commencement of this Constitution shall become a citizen of Trinidad and Tobago at the date of his vith if at that date either of his parents is, or was, but for his parent's death, a citizen of Trinidad and Tobago otherwise than by descent, so however that, in the case of a person employed in service under the Government or under an authority of the Government that requires him to reside outside Trinidad and tobago for the proper discharge of his functions, this subsection shall be read as if the words "otherwise than by descent" were deleted.
4. Any person who became a citizen by bith under section 12(1) or citizen by descent under section 12(2) of the former Constitution and who has not ceased to be a citizen under that Constitution, shall continue to be a citizen under this Constitution.
5. A person born outside Trinidad and Tobago after the 30th August, 1962 whose mother was a citizen of Trinidad and Tobago otherwise than by descent at the date of his birth but who did not become a citizen at that date shall be deemed to have become a citizen at that date and shall continue to be a citizen of Trinidad and Tobago under this Constitution.
COMMONWEALTH CITIZENS
18.- 1. Every person who under this Constitution or any Act of Parliament is a citizen of Trinidad and Tobago or, under any law for the time being in force in any country to which this section applies, is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British Nationality Act, 1948 of the United Kingdom or who continues to be a British subject under section 2 of that Act or who is a British subject under the British Nationality Act, 1965 of the United Kingdom shall, by virtue of that status, have the status of a Commonwealth citizen.
11 and 12 Geo. VI c. 56
3. The countries to which this section applies are Australia, the Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Fiji, the Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Sierra Leone, Singapore, Sri Lanka, Swaziland, Tanzania, Tonga, Uganda, United Kingdom and Colonies, Western Samoa and Zambia.
4. The President may from time to time, by Order subject to affirmative resolution of the Senate and the House of Representatives amend subsection (3) by adding any Commonwealth country thereto or by deleting any Commonwealth country therefrom.
CRIMINAL LIABILITY OF COMMONWEALTH CITIZENS POWERS OF
19.- 1. A Commonwealth citizen who is not a citizen of Trinidad and Tobago, or a citizen of the Republic of Ireland who is not a citizen of Trinidad and Tobago, shall not be guilty of any offence against any law in force in Trinidad and Tobago by reason of anything done or omitted in any part of the Commonwealth other than Trinidad and Tobago or in the Republic of Ireland or in any foreign country unless-
a. the act or omission would be and offence if he were an alien; and
b. in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.
2. In this section "foreign country" means a country (other than the Republic of Ireland) that is not part of the Commonwealth.
20.- Parliament may make provisions relating to cirizenship including provision-
a. for the acquisition of citizenship of Trinidad and Tobago by persons who are not or do not become citizens of Trinidad and Tobago by virtue of the provisions of this Chapter;
b. for depriving of his citizenship of Trinidad and Tobago any citizen of Trinidad and Tobago but only on the acquisition of citizenship of some other country in the case of a citizen by birth or descent; or
c. for the renunciation by any person of his citizenship of Trinidad and Tobago.
21.- 1. In this Chapter-
"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;
"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act, 1948 of the United Kingdom;
"citizen by birth" means a person-
a. who is a citizen of Trinidad and Tobago under section 17(1); or
b. who became a citizen of Trinidad and Tobago under section 9(1) or 12(1) of the former Constitution;
"citizen by descent" means a person-
a. who is a citizen of Trinidad and Tobago under section 17(3) or any enactment; or
b. who became a citizen of Trinidad and Tobago under section 9(2) or 12(2) of the former Constitution.
2. For the purposes of this Chapter, a person born outside Trinidad and Tobago aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft has been registered or, as the case may be, in that country.
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