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Group Title: West Indies gazette
Title: The West Indies gazette
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00028
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: June 13, 1958
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00028
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 57
        Page 58
    The Evidence Bill
        A-1
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
        A-9
        A-10
        A-11
        A-12
        A-13
        A-14
    The Federal Legislature (Privileges, Immunities and Powers) Bill.
        B-1
        B-2
        B-3
        B-4
        B-5
        B-6
        B-7
        B-8
        B-9
        B-10
        B-11
        B-12
        B-13
        B-14
        B-15
        B-16
        B-17
        B-18
        B-19
        B-20
        B-21
        B-22
        B-23
        B-24
        B-25
        B-26
Full Text

















The West Indies Gazette


VOL. 1 FRIDAY, 13TH JUNE, 1958 O No. 28



TABLE OF CONTENTS / -3
GAZETTE NOTICES \/
No. SUBJECT MATTER PAGE NO. S CT TTER PAGE
81 United States Consular Representation ... 57 83 Correction ... .. ... ... 57
82 Temporary Public Service Commission ... 57 84 Publication of Bills ... ... ... .. 57

81
UNITED STATES CONSULAR REPRESENTATION
IT is hereby notified for general information that the Exequatur empowering Miss GILDA DULY to act as
Consul of the United States at Port-of-Spain received Her Majesty's signature on the 5th May, 1958.

82
TEMPORARY PUBLIC SERVICE COMMISSION
THE WEST INDIES (FEDERATION) ORDER IN COUNCIL, 1957
PURSUANT to section 2 (6) of the The West Indies (Federation) Order in Council, 1957, His Excellency the
Governor-General has consequent on the absence from The West Indies of B. H. EASTER, Esq., C.M.G., C.B.E.
revoked his appointment as a member of the temporary Public Service Commission with effect from the 5th day
of June, 1958, and has appointed FRANCIS RODRIGUES ANJO, Esq., O.B.E. to be a member of the Commission
with effect from the 5th day of June, 1958.

83
CORRECTION
IT is hereby notified that the following item was inadvertently omitted from the table of contents of Gazette-
Vol. 1, No. 27-of 6th June, 1958:-
LEGAL SUPPLEMENT
PART II-STATUTORY INSTRUMENTS
No. PAGE
9 of 1958 The Federal Supreme Court (Appeals
from British Guiana) (Temporary
Provisions) Rules, 1958 ... ... 125

84
PUBLICATION OF BILLS
NOTICE is hereby given by the Clerk of the House of Representatives that the following Bills are published in
this Gazette for public Information:-
(1) The Evidence Bill.
(2) The Federal Legislature (Privileges, Immunities and Powers) Bill.


GOVERNMENT PRINTING OFFICE, TRINIDAD, B.W.I.-1958



35K. 7c2 77

tcsaJ S^ L







The Evidence Bill


THE WEST INDIES


THE EVIDENCE BILL

OBJECTS AND REASONS

The object of this bill is to provide for the manner in
-which federal and territorial laws, public documents, records
and other related matters may be proved in the courts of the
_Federation.
Generally 'speaking the provisions of the bill will apply
in all courts in the Federation and courts are defined in clause
2 as including all federal and territorial courts, judges,
-magistrates and justices of the peace, and all arbitrators and
other persons authorised to hear, receive and examine
evidence.
All courts are required to take judicial notice of-
(a) federal Acts, proclamations made by the
Governor-General under federal or Imperial
Acts, and laws enacted by the Legislatures of
the Territories (clause 4),
(b) the public seal of the Federation and of each
Territory (clause 3),
(c) the date of assent to Federal Acts (clause 5),
and
(d) the signature and seals of the Governo'r-
General, the Governor of a Territory and of
certain other federal and territorial officials
(clause 6).
Clauses 7 and 8 make provision for the various ways in
-which statutory instruments made under Imperial, federal
*or territorial laws may be proved.
Clause 10 provides for the proof, by means of an
examined or certified copy or extract, of public books or
-documents in cases where no law exists under which the
*contents of such books or documents may be proved by means
-of a copy. This will facilitate proof in the courts of one
Territory of the contents of the public books or documents






2 The Evidence Bill

of another. Clause 11 provides that public documents
which are admissible under the law of one Terri-
tory for certain purposes and under certain condi-
tions shall be admissible in all other courts for the
same purposes and under the same conditions. Clause
12 provides for the proof of the debates and proceedings
of the Federal Legislature and of the Legislature of
a Territory by copies purporting to be printed by the
Government Printer of the Federation or of the Territory,
as the case may be. Clause 13 provides for the proof of the
Gazette of The West Indies and of each Territory by the
mere production of a document purporting to be such
Gazette and clause 14 provides that a copy of The West
Indies Gazette shall be evidence of all matters contained
therein which are required or authorised by federal law to
be published in or with the Gazette. Clause 15 provides for
the proof of documents purporting to be printed by the
Government Printer of the Federation or a Territory, by the
mere production of a document purporting to be so printed.
Under clause 16 notification in The West Indies Gazette or
the Gazette of a Territory, as the case may be, that the
Governor-General or a Federal Minister, or the Governor or
Minister of a Territory, has done some act under any law
empowering or authorising such act, shall be evidence of the
act having been duly done.

Under clause 17 certificates of the registration or
incorporation of a company in any Territory shall be
admissable as evidence of the fact and date of registration
or incorporation in the courts of all other Territories.
Clause 18 provides for the methods whereby evidence of any
judicial proceeding may be given.

Clause 20 makes it a felony punishable with imprison-
ment for seven years for any one to:-
(a) print or tender in evidence the Gazette of
The West Indies or of a Territory or any
federal or territorial law, which falsely
purports to be printed by the Government
Printer of The West Indies or of a Territory,
as the case may be, or under the authority
of the Government of The West Indies or of
a Territory;







The Evidence Bill 3

(b) forge or tender in evidence any certificate
authorised by this bill or any document made
evidence by or under any law of The Federal
Legislature.
Clause 21 provides that the powers conferred by the bill
shall be additional to those existing at common law, or which
exist or may exist in future under any law in operation in a
Territory. The effect of this provision is that the bill does
not render inadmissible anything which from time to time
may be admissible at common law or by the law of a Territory.








4 The Evidence Bill



THE WEST INDIES


ACT No. of 1958.

THE EVIDENCE BILL


ARRANGEMENT OF CLAUSES

Clause
1. Short title.
2. Definitions "court", "superior court of a Territory".
3. Judicial notice of public seals.
4. Judicial notice of federal and territorial statutes.
5. Assent to Acts.
6. Judicial notice of signatures and seals.
7. Proof of statutory instruments made under a federal law.
8. Proof of other statutory instruments.
9. Evidence of approval, consent or consultation in making statutory
instruments.
10. Proof of public books and documents.
11. Proof of certain public documents.
12. Proof of debates and proceedings of Legislature.
13. Proof of official Gazettes.
14. Gazette to be evidence of contents thereof.
15. Proof of printing by Government Printer.
16. Proof df act done by Governor-General or Minister, and by Governor
or Minister of a Territory.
17. Proof of incorporation of company.
18. Proof of judicial proceedings.
19. No proof of handwriting required.







The Evidence Bill 5

20. Punishment for forging or tendering in evidence documents admissible
under this Act.
21. This Act not to derogate from powers existing aliunde.



A Bill intituled

An Act to provide for the recognition in all courts of
the Federation of the laws enacted by the Federal Legislature
and by the Legislatures of the Territories, and for the manner
in which certain documents, records and matters may be
proved in such courts, and for matters connected therewith.

Be it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and the
House of Representatives of The West Indies, and by the
authority of the same, as follows:-

1. (1) This Act may be cited as the Evidence Act, 1958. Short title.

(2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.

2. (1) In this Act, unless the context otherwise requires, Definitions
the expression "court" shall include all federal courts, all- court
courts of the several Territories, all Judges, magistrates,
justices of the peace and all arbitrators under any law in
operation in the Federation or in a Territory, and all persons
authorised by any such law or by consent of parties to hear,
receive and examine evidence.

(2) References in this Act to the superior court of'"superior
court of a
a Territory shall be construed in accordance with the pro-Territory"
visions of paragraph (2) of article 116 of the Constitution.

3. All courts shall take judicial notice of the Judicial
impression of the public seal of the Federation and of the nice af
public seal (however styled) of any Territory without
evidence of the seal having been impressed or any other
evidence relating thereto.








The Evidence Bill


4. All courts shall take judicial notice of-

(a) All Acts of the Federal Legislature,
(b) all proclamations made by the Governor-
General under any Act or Imperial Act, and


(c) all laws enacted by the Legislature of each
Territory.

Assent to 5. All courts shall take judicial notice of the date
Acts. on which, in accordance with article 36 of the Constitution
the Governor-General has assented to an Act, or has signified
Her Majesty's assent thereto, and the date appearing on the
copy of an Act printed by the Government Printer, and
purporting to be the date on which the Governor-General
assented or signified Her Majesty's assent, shall in all courts
be evidence that such was the date on which the Governor-
General so assented or signified Her Majesty's assent.


6. All
(a)


courts shall take judicial notice of-
the signature of any person who holds or has
held the office of Governor-General, Chief
Justice of the Federation, President of the
Senate, Speaker of the House of Represen-
tatives, member of the Council of State,
Federal Secretary, Attorney General of The
West Indies, Federal Justice, Secretary
to the Governor-General, Clerk to the
Council of State, Registrar or deputy regis-
trar of the Federal Supreme Court, or any
office to which the Governor-General may by
order published in the Gazette, declare this
section to apply,


(b) the signature of any person who holds or has
held in any Territory the office of Governor,
Chief Secretary, Colonial Secretary, Attorney
General, Judge of a superior court of a
Territory, Administrator, Clerk of Executive
Council, Registrar or deputy registrar of such
a court, Registrar General, or any office to
which the Governor-General may by order
published in the Gazette, declare this section
to apply,


Judicial
notice of
federal and
territorial
statutes.


Judicial
notice of
signatures
and seals.







The Evidence Bill


(c) the official seal of every such person or court,
and
(d) the fact that such person holds or has held
such office,
if the signature or seal purports to be attached or appended
to any judicial or official document.
7. Evidence of any statutory instrument may be Proof of
statutory
given in all courts:- instruments
made under
(i) by the production of a copy of the Gazette a federal
purporting to contain it; or law.
(ii) by the production of a document purporting
to be a copy thereof, and purporting to be
printed by the Government Printer, or by
the authority of the Government of the
Federation; or
(iii) by the production (in the case of a statutory
instrument made, given or issued by the
Governor-General) of a document purporting
to be certified by the Secretary to the
Governor-General or by the Clerk to the
Council of State as a true copy thereof or
extract therefrom; or
(iv) by the production (in the case of a statutory
instrument made, given or issued by or under
the authority of a Minister) of a document
purporting to be certified by the Minister as
a true copy thereof or extract therefrom.
8. (1) This section shall apply to any regulation, rule, Proof of
rule of court, bye-law, proclamation, order, instruction, other
direction, appointment, warrant, licence, permit, notice or strut nts.
other instrument made, given or issued under any Imperial
law or law of the Legislature of a Territory.
(2) Evidence of any instrument to which this section
applies may be given in all courts-
(a) in the case of an instrument made, given
or issued by the Governor-General, in any one
of the ways referred to in sub-paragraphs (i),
(ii) or (iii) of section 7 of this Act;







8 The Evidence Bill

(b) in the case of an instrument made, given or
issued under a law of the Legislature of a
Territory-

(i) by the production of the official Gazette
of that Territory purporting to contain
it; or
(ii) by the production of a document pur-
ing to be a copy thereof, and purporting
to be- printed by the Government
Printer of that Territory, or by the
authority of the Government of that
Territory; or
(iii) if made, given or issued by the Governor
or the Governor in Executive Council of
a Territory by the production of a copy
or extract purporting to be certified by
the clerk of the Executive Council of that
Territory as a true copy thereof or
extract therefrom;
(c) in the case of an instrument made, given or
issued under an Imperial law by the
Governor-General or a Governor of a Terri-
tory or by an officer or authority of the
Federation or of a Territory-

(i) by the production of the Gazette of The
West Indies or the official Gazette of
that Territory, as the case may be,
purporting to contain it; or
(ii) by the production of a document pur-
porting to be a copy thereof, and pur-
porting to be printed by the Government
Printer of the Federation, or by the
authority of the Government of the
Federation, or by the Government
Printer of that Territory or by the
authority of the Government of that
Territory, as the case may be.







The Evidence Bill


(d) in the case of an instrument made, given or
issued under an Imperial law by an authority
other than those specified in paragraph (c)
of this subsection, by the production of the
Gazette of The West Indies or the official
Gazette of a Territory purporting to contain
it.

9. When by any Act it is provided that any statutory Evidence of
instrument may be made, given or issued or that any func-co Insnor
tion may be performed with the approval or consent of, or consultation
after consultation with, some person or authority, a notifica- statutory
tion in the Gazette stating that such approval or consent has instruments.
been given or that such consultation has taken place shall
be evidence in all courts for all purposes of such approval,
consent or consultation.

10. Whenever any book or document is of such aProof of
public
public nature as to be admissible in evidence on its mere books and
production from the proper custody and no law exists which documents.
renders its contents provable by means of a copy, any copy
thereof or extract therefrom shall be admissible in evidence
in all courts if-
(a) it is proved to be an examined copy or
extract; or

(b) it purports to be signed and certified as a
true copy or extract by the officer to whose
custody the original is entrusted, who if he
is an officer of a Territory, shall further cer-
tify that he is the officer to whose custody the
original is entrusted.

11. Whenever by the law for the time being in Proof of
certain
operation in a Territory- public
documents.
(a) any public document; or

(b) any record required by law to be kept of any
public document or proceeding; or

(c) any certified copy of any public document or
bye-law or of any entry in any public
register or book,







The Evidence Bill


is admissible in evidence for any purpose in that Territory,
it shall be admitted in evidence to the same extent and for
the same purpose in all courts if it purports to be sealed or
impressed with a stamp, or sealed and signed, or signed
alone, or impressed with a stamp and signed, as directed by
such law, without any proof of the seal or stamp, or of the
signature or of the official character of the person appearing
to have signed the same, and without any further proof
thereof, in every case in which the original document could
have been received in evidence.

Proof of 12. (1) All documents purporting to be copies of the
debates anddebates and the proceedings of either chamber of the Federal
of Legis- Legislature or of papers presented to either chamber, or of
nature. the debates and proceedings of the Legislature of any Terri-
tory or of papers presented to that Legislature, if purporting
to be printed by the Government Printer of the Federation
or of the Territory, as the case may be, shall on their mere
production be admitted as evidence thereof in all courts.

(2) For the purposes of this section the expression
"Legislature of a Territory" shall in the case of a Territory
the Legislature whereof comprises two chambers, include
each of those chambers separately.

Proof of 13. The mere production of a paper purporting to be
Gates. the Gazette of The West Indies or the official Gazette of
a Territory shall in all courts be evidence that such paper
is such Gazette and was published on the day on which it
bears date.

Gazette to 14. (1) A copy of the Gazette of The West Indies
oe edence admissible under the provisions of this Act shall in all courts
thereof, be evidence of the matters therein contained which are
authorised or required by or under any Act to be published
in or with the Gazette.

(2) Where under the law for the time being in
operation in a Territory a copy of the official Gazette of that
Territory is evidence in the courts of that Territory of
matters contained therein, a copy of that Gazette shall in
all courts be evidence to the same extent of such matters.







The Evidence Bill 11

15. The mere production of a paper purporting to be Proof of
printed by the Government Printer of the Federation or ofprinting yt
a Territory or by the authority of the Government of the Printer.
Federation or the Government of a Territory shall in all
courts be evidence that such paper was printed by such
Government Printer or by such authority.

16. (1) Where by any law at any time in operation the Proof of act
Governor-General or a Minister is authorised or empowered done by -
to do any act, production of the Gazette purporting to contain General or
a copy or notification of any such act shall in all courts be Minister,
evidence of the act having been duly done.

(2) Where by any law at any time in operation the and by
Governor of a Territory or a Minister in respect of the Governor or
SMinister of
government of a Territory is authorized or empowered to do a Territory.
any act, production of the official Gazette of that Territory
purporting to contain a copy or notification of any such act
shall in all courts be evidence of such act having been duly
done.

17. (1) All courts shall admit as evidence of the incor-Proof of
portion of a company incorporated or registered in any incorpora-
Territory a certificate of the incorporation or registration company.
thereof which purports to be signed by the Registrar or an
Assistant Registrar or deputy registrar of companies in
that Territory, and the date of incorporation or registration
mentioned in such certificate shall be evidence of the date
on which the company was incorporated or registered.

(2) Any copy of or extract from any document kept
and registered at the office for the registration of companies
in any Territory, if certified under the hand of the Registrar
or an Assistant Registrar or deputy registrar, shall in all
courts be admissible in evidence in all cases in which the
original document is admissible in evidence and for the same
purposes and to the same extent.

18. Evidence of any judicial proceeding of any federal Proof of
court, any court of the several Territories, any Judge, judicial
magistrate or justice of the peace, including any affidavit, proceedings.
pleading, or other legal document filed or deposited in such
court, may be given in all courts by the production of a docu-
ment purporting to be a copy thereof, and







12 The Evidence Bill

(a) proved to be an examined copy thereof; or

(b) purporting to be sealed with the seal of the
court; or

(c) purporting to be certified as a true copy by
the Registrar or deputy registrar of the court;
or

(d) purporting to be signed by a judge of such
court with a statement in writing attached by
him to his signature that such court has no seal
and without proof of his judicial character or
of the truth of such statement.

No proof of 19. Where under this Act a document is declared to
reduiredg be admissible if it purports to be signed by any person as
the holder of any office, either as the person making or
issuing the document, or certifying a true copy thereof or
extract therefrom, the mere production of such document
shall be evidence that the signature is the signature of such
person and that when he signed it he was the holder of such
office.
Punish- 20. Any person who-
ment for
forging or
tendering (a) prints any copy of any of the following docu-
i evidence ments that is to say-
documents
admissible
under this (i) the Gazette of The West Indies or the
Act. official Gazette of a Territory,

(ii) an Act or a law of the Legislature of a
Territory,

(iii) any statutory instrument (including an
instrument to which section 8 applies),

which falsely purports to have been printed
by the Government Printer of the Federation
or of a Territory, as the case may be, or under
the authority of the Government of the
Federation or the Government of a Territory,
as the case may be, or tenders in evidence any
such copy knowing that it was not so printed;
or







The Evidence Bill


(b) forges or tenders in evidence, knowing the
same to have been forged, any certificate by
this Act authorised to be annexed to a copy
or extract from any such document; or

(c) forges or tenders in evidence, knowing it to
be forged, any document which is made
evidence by or under any Act for the time
being in operation,

shall be guilty of a felony and on conviction thereof shall be
liable to imprisonment for seven years.

21. The provisions of this Act shall be in addition to This Act
and not in derogation of any powers existing at common law, no te
or given by any law from time to time in operation in any from powers
Territory. existing
aliunde.


Printed by Yuille's Printerie Limited, Port-of-Spain, Trinidad,
By Authority.







The Federal Legislature (Privileges, Immunities and Powers) Bill


THE WEST INDIES


THE FEDERAL LEGISLATURE (PRIVILEGES,
IMMUNITIES AND POWERS) BILL

OBJECTS AND REASONS

Article 41 of the Constitution provides that-
"The Federal Legislature may by law deter-
mine and regulate the privileges, immunities and
powers of the two chambers of the Federal Legisla-
ture and the members thereof but no such privileges,
immunities or powers shall exceed those of the
Commons House of Parliament of the United
Kingdom or of the members thereof"

and this bill seeks to make provision accordingly. It has
been drafted after consultation with the Clerk of the House
of Commons and it follows in general the provisions of
similar legislation in force in various other parts of the
Commonwealth including in particular, the Dominion of
Ghana, and the West Indian Territories of Jamaica and
Trinidad, which have provided the sources for most of the
provisions of the bill.

2. Part II of the bill sets out the immunities of the
members of the Legislature. The most important of these
are, firstly, the immunity of members from civil or criminal
proceedings in respect of statements made or matters
presented to the Legislature or committees thereof, and
secondly, the immunity, during a session, from arrest 'on
civil process. Members and officers of the Legislature are
also exempted from jury service, and, while in attendance
on the Legislature, from attending court as a witness in any
civil proceeding.

3. Part III confers on each chamber of the Legisla-
ture and on authorised committees the power to summon
witnesses and to examine them on oath. The manner in
which summonses to witnesses shall be issued and served
is set out, and provision is made for the issue and execution








2 The Federal Legislature (Privileges, Immunities and Powers) Bill

of a warrant in the case of a person who evades service of a
summons or, when served, refuses to comply with it.
Provision is also made for a witness who refuses to answer
a relevant question or produce a relevant document, to be
reported to the Federal Supreme Court who may order him
to answer or produce the document, in which case failure to
comply may be treated as contempt of court.

4. Under Part IV it is provided that every witness
before either chamber or a committee shall be entitled to the
same right or privilege as he would have before the Supreme
Court of Judicature in England. It is also provided that
except with the consent of the Governor-General or the
Governor of the Territory concerned no evidence shall be
given before either chamber or a committee which relates
to the unpublished official records of any naval, military,
air-force or civil department or to any affairs of State. No
statement made by a witness before either chamber or a
committee shall be admissible in evidence against him in
any other proceedings, nor shall he be liable to any proceed-
ings by reason of anything he may have said in such state-
ment. It is also provided that evidence of proceedings
before either chamber or a committee shall not be admissible
before a court unless consent has been granted by the Presi-
dent, the Speaker or the chairman, as the case may be.
Provision is made enabling any person against whom civil
or criminal proceedings have been instituted in respect of
the publication by such person of any matter under the
authority of either chamber, to produce to the court a certi-
ficate under the hand of the President or the Speaker
verifying such authority, whereupon the proceedings shall
be stayed; and in any proceedings instituted against a person
for publishing any extract from any of the proceedings of
either chamber of the Legislature, the person is entitled to
judgment, or, if the proceedings be criminal, to be acquitted,
if the court or jury is satisfied such extract was published
bona fide and without malice. These last two mentioned
provisions are based upon sections 2 and 3 of the
Parliamentary Papers Act, 1840, in force in the United
Kingdom.

5. Part V deals with offences by witnesses; these
include failing to attend when required to do so, refusing
to answer questions or produce documents, making false







The Federal Legislature (Privileges, Immunities and Powers) Bill 3

statements in the course of giving evidence before either
chamber or a committee, or presenting false documents to
either chamber or a committee. All these offences are sum-
mary, except the offence of making a false statement in the
course of giving evidence in which case, if the statement was
on oath, the offence is a felony and punishable on indictment
by imprisonment for seven years or a fine, or both, which is
the same as the punishment for perjury under the laws of
the majority of the Territories. (In the remaining Territo-
ries the maximum periods of imprisonment are greater).

6. Under Part VI it is provided that no one who
is not a member of a chamber shall be entitled to enter that
chamber without the authority of the President or the
Speaker, as the case may be, who is empowered to order any
person to withdraw at any time. Generally speaking, any
person who fails to comply with the instructions of either the
President or the Speaker, or with any rules regulating the
rights of persons to enter or remain within either chamber,
shall be guilty of an offence. It is also provided that any
person who obstructs or insults members going to or from
the Legislature, or who interferes with officers of the Legis-
lature while in the execution of their duty, or disturbs or
interrupts the proceedings of either chamber while it is
sitting, shall be guilty of an offence. Provision is also made
empowering an officer of either chamber to arrest without
a warrant any person who commits any such offence, or
whom he reasonably suspects of having committed such an
offence, and any person so arrested may be kept in custody
within the precincts of the chamber until the President or
the Speaker, as the case may be, order his release, or until
the end of the sitting of the chamber during which he was
arrested, whichever first happens.

7. Part VII relates to the conduct of members. It
is provided that a member shall be guilty of contempt of the
chamber to which he belongs if he discloses any evidence
taken by a committee before it is reported to the chamber
by which the committee was appointed, or assaults any other
member within the chamber or any officer of the chamber
while in the execution of his duty, or if he takes part in the
discussion or any matter in which he has a direct pecuniary
interest without disclosing the extent of that interest.
Either chamber is empowered to reprimand or suspend front







4 The Federal Legislature (Privileges, Immunities and Powers) Bill

the service of the chamber any member who is guilty of
contempt; and during a period of suspension no salary or
allowance is payable to the member and he is excluded from
the chamber. It is also provided that any member who
accepts or attempts to obtain a bribe for voting or speaking
or refraining from voting or speaking, shall be guilty of an
offence and shall be liable on summary conviction to a fine
not exceeding one thousand dollars or to a term of imprison-
ment not exceeding two years or to both such fine and
imprisonment, and shall forfeit the value of the bribe.
8. Part VIII relates to certain other offences, such
as the offer of bribes to members, and the threatening of
members; and provision is included making it an offence for
any person to publish defamatory, misleading or prohibited
statements or reports about either chamber or committees
or members. It is also provided that it is an offence for any
person to print any copy of an Act of the Federal Legislature
or of any of the proceedings of either chamber or a committee
as purporting to have been printed by the Government
Printer, knowing that they were not in fact so printed.
9. Part IX deals with certain miscellaneous matters,
and in particular, provides that after the dissolution of the
House the last Speaker shall be empowered to exercise all
the powers conferred under the Act on the Speaker until
the House is again summoned or until another person has
been appointed; and provision is also made that no prosecu-
tion for an offence under the Act shall be instituted except
by or on behalf of the Attorney General, who shall not do
so unless the matter giving rise to the prosecution has been
reported to him by the President or the Speaker, as the case
may be.









The Federal Legislature (Privileges, Immunities and Powers) Bill 5



THE WEST INDIES


ACT No. of 1958.

THE FEDERAL LEGISLATURE (PRIVILEGES,
IMMUNITIES AND POWERS) BILL


ARRANGEMENT OF CLAUSES

Clause
Part I-Short title and interpretation
1. Short title.
2 Interpretation.
Part II-Immunities
3. President, Speaker and officers not subject to jurisdiction of courts.
4. Immunity of member in respect of statements, etc. in Legislature.
5. Immunity of member from arrest on civil process.
6. Immunity of persons acting under authority of either chamber.
7. No process to be served within precincts of either chamber.
8. Exemption of members, etc., from jury service, etc.

Part III-Summoning and examination of witnesses
9. Chambers or committee may summon witnesses.
10. Service of summons.
11. Issue of warrant if person evades service of summons or refuses
to attend.
12. Witnesses may be examined on oath.
13. Recalcitrant witnesses.

Part IV-Privileges and protection
14. Privileges of witnesses-privileged evidence.
15. Evidence of witnesses before chamber or committee privileged.
16. Evidence of proceedings before chamber or committee not admis-
sible except with consent of Speaker or chairman.
17. Protection of person responsible for publications authorised by the
chamber.
18. Protection of persons publishing extracts of proceedings etc., bona
fide.
19. Proceedings, etc., printed by Government Printer admissible in
evidence.








6 The .Federal Legislature (Privileges, Immunities and Powers) Bill

Part V-Offences by witnesses
20. Witnesses failing to attend, or refusing to answer questions or pro-
duce documents, etc., guilty of an offence.
21. Making false statements to chamber or committee an offence.
22. Presenting false documents to chamber or committee an offence.

Part VI-Rights of and offences by strangers
23. Restrictions on rights of strangers to enter chamber.
24. Offences by strangers.
25. Offences by strangers.
26. Arrest of persons committing offences against sections 22 and 23-

Part VII-Conduct of members
27. Acts constituting contempt by members.
28. Members to disclose interest before entering discussion.
29. Suspended member excluded from chamber.
30. Member seeking or accepting bribes commits an offence.

Part VIII-Other offences
31. Bribery of, violence or threats to a member an offence.
32. Defamatory, misleading or prohibited publications-offences.
33. Unauthorised printing of Acts, etc., an offence.

Part IX-Miscellaneous
34. Powers of President and Speaker under this Act supplemental.
35. Speaker to act notwithstanding dissolution of House.
36. No prosecution without consent of the Attorney General.




A Bill intituled
An Act to determine and regulate the powers,
privileges and immunities of both chambers of the Federal
Legislature, and of the members thereof; to regulate the
conduct of members and other persons in connection with
the proceedings thereof; to give protection to persons
employed in the publication of the reports and other papers
of the Legislature; to regulate admittance to the precincts
of the Legislature; and for purposes incidental to the matters
aforesaid.








The Federal Legislature (Privileges, Immunities and Powers) Bill. 7

Be it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the Senate
and the House of Representatives of The West Indies, and
by the authority of the same, as follows:-

Part I-Short title and Interpretation
1. (1) This Act may be cited as the Federal Legislature Short title
and
(Privileges, Immunities and Powers) Act, 1958. application.

(2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.

2. In this Act unless the context otherwise requires-InterPreta-
"chamber" means either the Senate or the House;
"Clerk" means-

(a) in relation to the Senate, the Clerk of the
Senate;

(b) in relation to the House, the Clerk of the
House;

"committee" means any select, sessional, special,
standing or other committee of either
chamber;

"House" means the House of Representatives
provided for under the Constitution;

"joint committee" means any committee composed
of members of both chambers appointed by
corresponding orders of both chambers;

"meeting" means any sitting or sittings of a
chamber commencing when the chamber first
meets after being summoned at any time and
terminating when the chamber is adjourned
sine die or at the conclusion of a session;

"member" means a member of either chamber and,
in relation to the House, includes the Speaker;







8 The Federal Legislature (Privileges, Immunities and Powers) Bill

"officer of the chamber" means any person who
may from time to time be appointed to the
staff of the chamber, whether permanently
or temporarily and includes the Clerk and any
police officer on duty within the precincts of
either chamber;
"order of a chamber" includes the standing orders
of that chamber;
"police officer" means a member of any Federal
or Territorial police force;
"President" means the President of the Senate
and includes the Vice President and any mem-
ber for the time being presiding over the
Senate;
"Senate" means the Senate provided for under the
Constitution;
"session" shall have the same meaning as that
assigned to it in article 112 of the Constitu-
tion;
"sitting" shall have the same meaning as that
assigned to it in article 112 of the Constitu-
tion;
"Speaker" means the Speaker of the House and
includes the deputy Speaker and any member
for the time being presiding over the House;
"standing orders" means the standing orders of
either Chamber made under article 26 or
article 108 of the Constitution, and for the
time being in force;
"stranger" means, in relation to each chamber, any
person other than a member or an officer of
that chamber.

Part II-Immunities
President, 3. Neither the President, the Speaker nor any
akerd officer of either chamber shall be subject to the jurisdiction
officers of any court in respect of the exercise of any power conferred
not subject
to jurisdic- on or vested in the President, the Speaker or such officer by
tion of or under the Constitution, this Act or any order of either
courts. chamber.








The Federal Legislature (Privileges, Immunities and Powers) Bill 9

4. No civil or criminal proceedings may be instituted" Immunityb
of member
against any member in respect
of state-
ments,
(a) in respect of words spoken before, or et, iture

(b) in respect of words written in a report, to, or

(c) by reason of any matter or thing brought by
petition, bill, motion or otherwise, before-

the chamber to which he belongs or a committee thereof, or
a joint committee.

5. (1) No member shall, during a session, be liable toImmunity
of mem-
arrest or imprisonment on any civil process, except for a debtber from
the contraction of which constitutes a criminal offence. civit
process.
(2) When a member of either chamber is-

(a) arrested or detained in custody upon the
warrant or order of a court; or

(b) sentenced by a court to a term of imprison-
ment,

the court shall, as soon as practicable, inform the President
or the Speaker, as the case may be.

6. No person shall be liable for any act done under Immunity
the authority of either chamber and within its legal powers actieson s
or under any warrant issued by virtue of those powers. under
authority
of either
chamber.

7. Notwithstanding anything contained in any otherNoprocess
to be served
law to the contrary, no process issued by any court in the within
exercise of its civil jurisdiction shall be served or executed either
within the precincts of either chamber while the chamber ischamber.
sitting or through the President, the Speaker, or any officer
of the chamber.







10 The Federal Legislature (Privileges, Immunities and Powers) Bill

Exemption 8.(1) It shall not be lawful to require any member or
of mem-
bers, ee., any officer of either chamber-
from jury
service, et (a) to serve on any jury or as an assessor in any
court; or

(b) during a sitting of the chamber of which he
is a member or an officer, as the case may be,
or on any day on which a committee of which
he is a member or which he is required to
attend as such officer, as the case may be, is
sitting, to attend as a witness in any civil
proceedings in a court or at any commission
of inquiry or before any like authority em-
powered to summon witnesses.

(2) The production of a certificate signed by the
President or the Speaker, as the case may be, shall be deemed
sufficient proof of attendance on the Senate, or the House,
respectively.

Part III-Summoning and examination of witnesses

Chambers 9. Either chamber or any committee authorised by
or com-
mittees an order of the chamber by which it was appointed or any
mon sum joint committee authorised by an order of each chamber, to
witnesses, send for persons, papers and records, may order any person-

(a) to attend before it and to give evidence;

(b) to attend before it and produce any paper,
book, record or other document in the posses-
sion or under the control of such person.

service of 10. (1) Any order to attend to give evidence or produce
summons.
documents before either chamber or before a committee
(including a joint committee) in accordance with the provi-
sions of section 9 of this Act shall be notified to the person
required to attend or to produce documents by a summons
under the hand of the Clerk, or the chairman of the com-
mittee, as the case may be.







The Federal Legislature (Privileges, Immunities and Powers) Bill


(2) In every summons issued in accordance with the
provisions of sub-section (1) of this section there shall be
stated the time when and the place where the person sum-
moned is required to attend and the document which he is
required to produce.

(3) Every such summons shall be served by delivering
it to the person to whom it is directed:

Provided that the President or the Speaker, as
the case may be, may, if he is satisfied that for any reason
personal service of a summons cannot be effected, order that
service be effected by forwarding the same by registered post
addressed to the person to whom it is directed at his last
known place of abode or business.

(4) A summons issued in accordance with this section
may be served-

(a) when issued from a chamber, by an officer of
that chamber,

(b) when issued from a committee, by an officer
of the chamber or chambers by which the
committee was appointed,
or by a police officer.

(5) There shall be paid or tendered to any person
summoned under section 10 of this Act, if he does not reside
within four miles of the place of attendance specified in the
summons, such sum for his expenses as may be authorised
by order of the chamber concerned.

11. (1) If a person to whom a summons under section 10Issue of
of this Act is directed does not attend before the chamberwarrant if
person
or the committee at the time and place mentioned therein, evades ser-
the appropriate authority may, upon being satisfied that the vice of
summons was duly served or that the person to whom the refusesto
summons is directed wilfully avoids service, issue a warrantattend.
to apprehend him and bring him, at a time and place to be
stated in the warrant, before the chamber or the committee.

(2) A warrant issued under this section shall be
executed by a police officer.







12 The Federal Legislature (Privileges, Immunities and Powers) Bill


(3) The appropriate authority, on issuing a warrant
under this section, may, if he thinks fit, by ordering an
appropriate endorsement on the warrant, direct that the
person mentioned in the warrant be released after arrest
upon his entering into such a recognizance as may be
required in the endorsement before a court of summary
jurisdiction, conditioned for his appearance before the
chamber or the committee, as the case may be.

(4) For the purposes of this section the appropriate
authority shall be-

(a) in the case of a summons, issued for the
attendance of a person before either chamber
or a committee thereof (other than a joint
committee), the President or the Speaker, as
the case may be;

(b) in the case of a summons issued for the
attendance of a person before a joint com-
mittee, either the President or the Speaker.

Witnesses 12. Either chamber or any committee authorised to
may be
examined send for persons, papers and records may require thai any
on oath. facts, matters and things relating to the subject of inquiry
before the chamber or such committee be verified or other-
wise ascertained by the oral examination of witnesses, and
may cause any such witnesses to be examined upon oath,
which, in the case of either chamber, the Clerk, or in the
case of a committee, the chairman or clerk attending the
committee is hereby authorised to administer.

Recalci- 13. (1) When a person attending before either chamber
witnesses. or a committee pursuant to a summons issued under section
10 of this Act, or brought before a chamber or committee by
virtue of a warrant issued under section II of this Act,
refuses to answer any questions put by the chamber or
committee, or to produce any paper, book, record or other
document which he has been required to produce by an order
made under section 9 of this Act, (such person being in
this section referred to as "the witness") and in the opinion
of the President, the Speaker or the chairman, as the case
may be -


_~







The Federal Legislature (Privileges, Immunities and Powers) Bill 13

(a) such question, paper, book, record or other
document is material to the subject of the
enquiry of the chamber or the committee, and
(b) no privilege exists in relation to such
question, paper, book, record or other docu-
ment under section 14 of this Act,

the President, Speaker or chairman, as the case may be,
may refer such refusal to the Supreme Court.
(2) The Registrar of the Supreme Court shall fix a
date for the consideration by the Court at the earliest
opportunity of any reference made under this section, and
shall cause notice of the date so fixed to be given to the Clerk
of the chamber or chambers concerned, and to the witness.

(3) Upon consideration of a reference made under
this section and -

(a) upon proof by affidavit or otherwise of the
relevant facts, and
(b) after giving the witness an opportunity of
showing cause why an order should not be
made against him under this subsection,

the Supreme Court may make an order that the witness
answer the question, or produce such paper, or other
document, either forthwith or within such time as may be
specified in the order.

(4) Any person who fails, without lawful excuse, to
comply with an order made under subsection (3) of this
section shall be guilty of contempt of court and may be
proceeded against and punished accordingly.
(5) Rules of court may be made by the authority
having for the time being power to make rules or orders regu-
lating the practice and procedure of the Supreme Court for
the purpose of regulating the practice and procedure relating
to the consideration by the Court of references made under
this section, and without prejudice to the generality of the
foregoing provision, such rules may -







14 The Federal Legislature (Privileges, Immunities and Powers) Bit

(a) prescribe the matters required to be set forth
in any affidavit made for the purpose of this
section and the person who shall depose to
the facts contained in any such affidavit;

(b) prescribe the manner in which proof shall be
given of the facts relevant to the subject
matter of any reference made under this.
section.
Part IV-Privileges and protection
Privileges 14. (1) Every person summoned to attend, to give
witnesses. evidence or to produce any paper, book, record or document
before either chamber or a committee shall be entitled, in
respect of such evidence or the disclosure of any communi-
cation or the production of any such paper, book, record or
document, to the same right or privilege as before the
Supreme Court of Judicature in England.
Privileged (2) No officer of the public service of the Federation
evidence. or of a Territory, except with the consent of the Governor-
General or the Governor of the Territory concerned as the
case may be, shall be required -

(a) to produce before either chamber or a com-
mittee any paper, book, record or other
document; or
(b) to give before either chamber or a committee
any evidence on any matter,
if such paper, book, record or other document or such
evidence is stated by the public officer to form part of or to
relate to the unpublished official records of any naval, mili-
tary, air force or civil department, or to relate to any affairs
of State nor shall evidence on such matter or of the contents
of any such paper, book, record or other document be given
by any other witness or in any other manner.
Evidence 15. (1) Subject to the provisions of sub-section (3) of
before this section, a person who gives evidence before either
chamber or chamber or a committee shall not be liable to any civil
privileged. or criminal proceedings by reason of anything which he
may have said in such evidence.







The Federal Legislaiure (Privileges, Immunities and Powers) Bill 15

(2) Except in proceedings referred to in sub-section
(3) of this section, no statement made by any person in
evidence given before either chamber or a committee shall
be admissible in evidence against that person in any civil
or criminal proceedings.

(3) Nothing in the preceding provisions of this
section shall be construed to prevent the institution or
maintenance of any proceedings against any person for an
offence under section 21 or section 22 of this Act.

16. No evidence relating to any of the followingEvidenceof
matters, that is to say poeedings
before
chamber or
(a) debates or proceedings in either chamber; committee
not-admins-
sible except
(b) the contents of the minutes of evidence takenwith con-
or any document laid before either chamberpe iPent,
or a committee or any proceedings of orSpeaker or
before, or any examination had before,chairman.
either chamber or any such committee,

shall be admissible in any proceedings before a court or
person authorised by law to take evidence unless the court
or such last mentioned person is satisfied that permission has
been given -

(a) in tJle case of either chamber or a committee
thereof (other than a joint committee), by the
President or the Speaker, as the case may be,

(b) in the case of a joint committee, by either
the President or the Speaker,

for such evidence to be given.

17. Any person, being a defendant in any civil orProtection
criminal proceedings instituted for or on account or ino person
respect of the publication by such person or by his servant,for
by order or under the authority of either chamber, of anyti osatho-
report, papers, minutes, votes or proceedings, may, on givingrised by
to the plaintiff or prosecutor (as the case may be) twenty-chambe"
four hours written notice of his intention, bring before the
court in which such civil or criminal proceedings are being








16 The Federal Legislature (Privileges, Immunities and Powers) Bill

held a certificate under the hand of the President, or the
Speaker, as the case may be, or of the Clerk stating that
the reports, papers, minutes, votes or proceedings in respect
whereof such civil or criminal proceedings have been
instituted were published by such person or by his servant
by order or under the authority of the chamber, with an
affidavit verifying such certificate and such court shall there-
upon immediately stay such civil or criminal proceedings
and the same and every process issued therein shall be
deemed to be finally determined.

Protection 18. In any civil or criminal proceedings instituted for
pubrng publishing any extract from or abstract of any report, paper,
extracts minutes or proceedings of either chamber, if the court or
of proceed-
ings, etc., jury, as the case may be, is satisfied that such extract or
bona fide. abstract was published bona fide without malice, judgment
shall be entered for the defendant, or the accused shall be
acquitted, as the case may be.
Proceed- 19. Upon any inquiry touching the privileges,
ings, etc.
printed by immunities, and powers of either chamber or of any member,
government any copy of the minutes or proceedings of the chamber
admissible purporting to be printed by the Government Printer shall
in evidence. be admitted as evidence of such minutes on proceedings in
all courts and places without any proof being given that
such copy was so printed.

Part V-Offences by witnesses
Witnesses 20. Any person who -
failing to
attend, or
refusing to (a) fails without reasonable excuse, the proof
answer whereof shall be upon him, to attend before
questions or
produce either chamber or a committee when so
documents, required by an order made under the pro-
etc., guilty
of an visions of section 9 of this Act; or
offence.
(b) refuses to be examined before, or to answer
any questions put by, the chamber or a com-
mittee, or to produce any paper, book, record
or other document which he has been required
to produce by an order made under the
provisions of section 9 of this Act, unless such
question or paper, book, record or other







The Federal Legislature (Privileges, Immunities and Powers) Bill


document is not, in the opinion of the Presi-
dent, the Speaker or the chairman of the
committee, as the case may be, material to
the subject of the inquiry of the chamber or
committee or such refusal is allowed under
the provisions of section 14 of this Act,

shall be guilty of an offence and shall be liable on conviction
by a court of summary jurisdiction to a fine not exceeding
one hundred and twenty dollars or to imprisonment for a term
not exceeding three months or to both such fine and imprison-
ment.

21. Any person who in the course of giving evidence Making
false
before either chamber or a committee wilfully makes statements
statement material to the subject of the enquiry of theto hcohamb
chamber or committee knowing the statement to be false ortee an
not believing it to be true, shall onc

(a) if the statement was made on oath, be guilty
of a felony and on conviction on indictment
shall be liable to imprisonment for a term not
exceeding seven years or to a fine, or to both
such imprisonment and fine;

(b) if the statement was made otherwise than on
oath, be guilty of an offence and shall be
liable on conviction by a court of summary
jurisdiction to a fine not exceeding five
hundred dollars or to imprisonment for a
term not exceeding twelve months, or to both
such fine and imprisonment.

22. Any person who presents to either chamber or aPresenting
committee any false, untrue, fabricated or falsified document moments
with intent to deceive the chamber or committee shall betochamber
ob r com-
guilty of an offence and shall be liable on conviction by amittee an
court of summary jurisdiction to a fine not exceeding fiveofence.
hundred dollars or to imprisonment for a term not exceeding
twelve months or to both such fine and imprisonment.







18 The Federal Legislature (Privileges, Immunities and Powers) Bill

Part VI-Rights of and offences by strangers
Restrictions 23. (1) No stranger shall be entitled to enter or remain
on rights
of within either chamber or the precincts of either chamber
strangers without the authority of the President or the Speaker, as the
either case may be.
chamber.

(2) The President, in the case of the Senate,, and the
Speaker in the case of the House, may at any time order any
stranger to withdraw from the chamber or from the precincts
of the chamber, and if any such person shall fail to obey
such order he may be forcibly removed from the chamber or
from the precincts of the chamber by any officer of the
chamber and no proceedings shall lie in any court against
the President, or the Speaker, as the case may be, or
against such officer in respect of such removal.

(3) Nothing in this section contained shall be con-
strued so as to prevent any member from going to or
coming from the chamber or the precincts of the chamber of
which he is a member.

Offences by 24. Any person who -
strangers.
(a) being a stranger enters either chamber or the
precincts of that chamber without permission
duly granted under the authority of the
President or the Speaker, as the case
may be, contrary to the provisions of
section 23 of this Act, or being therein with
such permission refuses to leave at the order
of the President or the Speaker, as the case
may be; or

(b) being admitted to either chamber or to the-
precincts of that chamber as a stranger con-
travenes any rule made by the President or
the Speaker, as the case may be, under the
standing orders of the chamber in question
relating to the admission of strangers; or







The Federal Legislature (Privileges, Immunities and Powers) Bill 19

(c) attends any sitting of either chamber as a
representative of any journal after a general
permission granted under the standing orders
of that chamber to the representative or
representatives of that journal has been
revoked,

shall be guilty of an offence and shall be liable on conviction
by a court of summary jurisdiction to a fine not exceeding
one hundred and twenty dollars or to a term of imprison-
ment not exceeding three months or to both such fine and
imprisonment.

25. Any stranger who Offences by
strangers.
(a) assaults, hinders, obstructs or insults any
member coming to, going from or being
within the chamber or the precincts of the
chamber to which the member belongs; or

(b) interferes with, resists or obstructs any
officer of either chamber while in the execu-
tion of his duty; or

(c) creates or joins in any disturbance which
interrupts or is liable to interrupt the pro-
ceedings of either chamber while it is sitting;

shall be guilty of an offence and shall be liable on conviction
by a court of summary jurisdiction to a fine not exceeding
-two hundred and fifty dollars or to imprisonment for a term
not exceeding six months or to both such fine and imprison-
ment.

26. (1) An officer of either chamber may, without anArrest of
persons
order from a court and without a warrant, arrest committing
offences
(a) any person who commits, in relation to theseions 23
chamber of which he is an officer, an offence and 24.
contrary to section 24 or section 25 of this
Act in his presence;







20 The Federal Legislature (Privileges, Immunities and Powers) Bill

(b) any person within the chamber or the pre-
cincts of the chamber of which he is an officer
whom he reasonably suspects of having com-
mitted an offence contrary to either of the
said sections.

(2) Any person arrested under the provisions of
this section may be kept in custody within the precincts of
the chamber until the President or the Speaker, as the case
may be, orders his release but no such person shall be kept
in custody after the termination of the sitting of the
chamber during which he was arrested.

Part VII-Conduct of members
Acts con- 27. (1) Any member who -
stituting
contempt
by mem- (a) being a member of a committee, publishes to
bers.
any person not being a member of the
chamber or chambers by which the committee
was appointed any evidence taken by the
committee before it has been reported to
that chamber or both chambers as the case
may be; or

(b) assaults or obstructs any officer of the
chamber to which he belongs while in the
execution of his duty; or

(c) is convicted of any offence under this Act,
shall be guilty of contempt of the chamber to which he
belongs.

Suspension (2) Where any member is guilty of contempt under
of member
guilty ofe this Act, the chamber may order such member to be repri-
contempt. manded by the President or the Speaker, as the case may be,
or suspend him from the service of the chamber for such
period as it may determine :

Provided that such period shall not extend be-
yond the last day of the meeting next following that in which
the resolution is passed, or of the session in which the resolu-
tion is passed, whichever shall first occur.








The Federal Legislature (Privileges, Immunities and Powers) Bil


(3) No salary or allowance payable to a member for hisNo salary
payable
service as such shall be paid in respect of any period duringduring
which he is suspended under the provisions of this Act fromperiod of
suspension.
the service of the chamber to which, he belongs. suspension.

(4) Nothing in this section contained shall be con-
strued so as to preclude the bringing of proceedings, civil or
criminal, against any member in respect of any act or thing
done contrary to paragraph (b) of sub-section (1) of this
section.

28. (1) A member shall not in or before the chamber toMembersto
which he belongs take part in the discussion of any matterineres
in which he has a direct pecuniary interest without disclosingbefore
the extent of that interest. disuion.

(2) Any member who acts in contravention of this
section may be adjudged guilty of contempt by the chamber
and shall be liable to the penalties provided in section 27
of this Act for such contempt.

29. A member who has been suspended from theSuspended
member
service of the chamber to which he belongs shall not enter or"exluded(
remain within the chamber or the precincts of the chamberfrom
while such suspension remains in force, and, if any suchchamber.
member is found within the chamber or the precincts of the
chamber in contravention of this section, he may be forcibly
removed therefrom by any officer of the chamber and no
proceedings shall lie in any court against such officer in
respect of such removal.
30. Any member who accepts or obtains or attempts Member
to obtain for himself or for any other person any bribe, fee,cepting
compensation, gift, reward or benefit of any kind f orbribes
commits an
speaking, voting or acting as such member or for refraining o~aene.
from so speaking, voting or acting or on account of his
having so spoken, voted or acted or having so refrained shall
be guilty of an offence and shall be liable on conviction by
a court of summary jurisdiction to a fine not exceeding one
thousand dollars or to imprisonment for a term not exceed-
ing two years or to both such fine and imprisonment, and, in
addition, shall forfeit the amount of the value of the bribe,
fee, compensation, gift, reward or benefit accepted or
received by him.








22 The Federal Legislature (Privileges, Immunities and Powers) Bill

Part VIII-Other offences
Bribery of, 31. Any person who -
violence or
threats to
an eoffbe (a) offers to any member any bribe, fee, compen-
sation, gift or reward or benefit of any kind
for speaking, voting or acting as such member
or for refraining from so speaking, voting or
acting or on account of his having so spoken,
voted or acted or having so refrained;

(b) makes use of or threatens to make use of any
force, violence or restraint or inflicts or
threatens to inflict any temporal or spiritual
injury, damage, harm or loss upon or against
a member -

(i) with the intent thereby to influence such
member in the manner in which he dis-
charges his functions as a member in the
chamber to which he belongs or in any
committee thereof, or

(ii) on account of the manner in which he
had discharged his functions as a mem-
ber in the chamber to which he belongs
or in any committee thereof,

shall be guilty of an offence and shall be liable on conviction
by a court of summary jurisdiction to a fine not exceeding
one thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.

Defama- 32. (1) Any person who -
tory, mis-
leading or
prohibited (a) publishes any statement, whether in writing
publica-
tions- or otherwise, which falsely or scandalously
ounces defames either chamber or any committee, or
which reflects on the cjlaracter of the Presi-
dent or the Speaker or the chairman of a
committee in the discharge of his duty as
such; or







The Federal Legislature (Privileges, Immunities and Powers) Bill 23

(b) publishes any writing containing a gross,
wilful or scandalous misrepresentation of the
proceedings of either chamber or any com-
mittee thereof or of the speech of any
member in the proceedings of either chamber
or any committee thereof; or

(c) publishes any writing containing any false or
scandalous libel on any member touching his
conduct as a member; or

(d) publishes to any person other than a member
of the chamber by which a committee was
appointed, or in the case of a joint committee,
other than a member of either chamber, any
report of the committee or of any evidence
given before or any documents presented to
the committee or any extract from such docu-
ments, before such committee has presented
its report to the chamber or chambers by
which the committee was appointed; or

(e) publishes any report or statements purport-
ing to be a report of the proceedings of either
chamber in any case -
(i) where such proceedings have been con-
ducted after exclusion of the public by
order of the chamber; or
(ii) where such publication has been ex-
pressly prohibited by order of the
chamber,
shall be guilty of an offence and shall be liable on conviction
by a court of summary jurisdiction to a fine not exceeding
one thousand dollars or to imprisonment for a term not
exceeding twelve months or to both such fine and imprison-
ment.
(2) In this section publish in relation to any
writing, means -exhibiting in public or causing to be read or
seen or showing or delivering, or causing to be shown or
delivered, with intent that the writing may be read or seen
by any person.








24 The Federal Legislature (Privileges,. Immunities and Powers) Bill

Unautho- 33. Any person who shall print or cause to be printed
rised-print-
ing of a copy of any Act of the Federal Legislature now or here-
Acts, etc.,
ants ec after in force, or a copy of any report, paper, minutes or
offence, votes or proceedings of either chamber or a committee as
purporting to have been printed by the Government Printer
or by or under the authority of either chamber or by or under
the authority of the President or the Speaker, and the same
is not so printed, or shall tender in evidence any such copy
as purporting to be so printed knowing that the same was
not so printed, shall be guilty of an offence and shall be liable
upon conviction by a court of summary jurisdiction to a fine
not exceeding five hundred dollars or to imprisonment for a
term not exceeding twelve months or to both such fine and
imprisonment.

Part IX-Miscellaneous
owners of 34. The powers of the President and the Speaker
President
and under this Act shall be supplemental to any powers con-
Speaker
under this ferred on them by the Constitution, or standing orders.
Act supple-
mental.
Speaker to 35. For the purposes of this Act, it shall be lawful
act not-
withstand- for the person w.ho fills the office of Speaker at the time of
ing dissolu-
tion of dissolution of the House to exercise all the powers conferred
House. by this Act on the Speaker until the House is again sum-
moned or until another person has been appointed in accord-
ance with the provisions of the Constitution.

No prosecu- 36. (1) No prosecution for an offence under this Act shall
tion with-
out consent be instituted -
of the
Attorney
General. (a) unless the matter giving rise to the prosecu-
tion has been reported to the Attorney
General, in the ease of a matter relating to
the Senate, by the President, and in the case of
a matter relating to the House, by the
Speaker;

(b) -except by or on behalf of the Attorney
General.







The Federal Legislature (Privileges, Immunities and Powers) Bill 25

(2) A certificate under the hand of the Attorney
General that the requirements of paragraph (a) of sub-
section (1) of this section has been complied with shall be
conclusive evidence of the fact of such compliance.


Printed by Yuille's Printerie Limited, Port-of-Spain, Trinidad,
By Authority.




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