Constitution St-Kitts-Nevis - ICRC

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1983 Saint Kitts and Nevis Constitution Page 20 of 106 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. (5) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by the legislature for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section. (6) The Chief Justice may make rules with respect to the practice and procedure of the High 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 High Court). Declaration of emergency. 19.- (1) The Governor-General may by proclamation declare that for the purposes of this chapter a state of emergency exists either in Saint Christopher and Nevis. (2) A proclamation under subsection (1) shall not be effective unless it includes a declaration that the Governor-General is satisfied that a public emergency has arisena) because of the possibility that Her Majesty may shortly be at war; b) because of the occurrence of any accident or natural calamity, or c) because action has been taken by any person, or there is an imminent threat of action by any person, of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life. (3) Every declaration of emergency shall lapsea) in the case of a declaration made when the National Assembly sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and b) in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration unless it has in the meantime been approved by resolution of the Assembly. (4) A declaration under subsection (1) that a state of emergency exists in a part of Saint Christopher and Nevis that comprises or includes all or part of the island of Nevis shall, to the extent that it relates to that island, lapsea) in the case of a declaration made when the Nevis Island Assembly is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and b) in ant other case, at the expiration of a period of twenty- one days beginning with the date of publication of the declaration, unless it has in the meantime been approved by resolution of the Assembly. (5) A declaration of emergency may at any time be revoked by the Governor-General by http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
1983 Saint Kitts and Nevis Constitution Page 21 of 106 proclamation. (6) Unless sooner revokeda) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection (3) shall cease to be in force if that resolution ceases to be in force; and furthermore b) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection (4) shall, to the extent that it relates to the island of Nevis, cease to be in force if that resolution ceases to be in force notwithstanding that a declaration of the National Assembly approving it in pursuance of subsection (3) remains in force. (7) A resolution of the National Assembly or the Nevis Island Assembly passed for the purposes of this section shall remain in force for twelve 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 twelve months from the date of the resolution effecting the extension, and any such resolution may be revoked at any time by a further resolution. (8) A resolution of the National Assembly for the purposes of subsection (3) and a resolution of the Assembly extending any such resolution shall not be passed in the Assembly unless it is supported by the votes of not less than two-thirds of all the Representatives and Senators; and a resolution revoking any such resolution shall not be passed unless it is supported by the votes of a majority of all the Representatives and Senators. (9) Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further declaration of emergency whether before or after that time. (10) In the exercise of his powers to make or revoke any such declaration as is referred to in subsection (4) the Governor-General shall act in accordance with the advice of the Prime Minister but no such advice shall be given without the concurrence of the Premier. (11) In this section "declaration of emergency" means a declaration under subsection (1). Interpretation and savings. 20.- (1) In this Chapter, 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 Saint Christopher and Nevis other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 4 and 6 a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplinary force" meansa) a defence force; http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
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