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Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00050
 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: October 24, 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: VID00050
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 103
        Page 104
        Page 105
    Commissions of Inquiry Bill, 1958
        A-1
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
        A-9
        A-10
        A-11
        A-12
    Travel (Exemption from Formalities) Bill
        B-1
        B-2
        B-3
        B-4
Full Text



The Commnssions of Inquiry Bill, 1958


THE WEST INDIES


THE COMMISSIONS OF INQUIRY BILL


OBJECTS AND REASONS

The object of this Bill is to make provision for
Federal Commissions of Inquiry. The Bill seeks to
authorise the Governor-General to appoint Commissions of
Inquiry into any matter with respect to which the Federal
Legislature has the power to make laws and to confer on
Commissions so appointed the ancillary powers generally
conferred on such bodies to enable them to carry out their
functions.








2 The Coiumissions of Inquiry Bill, 1958



THE WEST INDIES

ACT No. of 1958.

THE COMMISSIONS OF INQUIRY BILL, 1958


ARRANGEMENT OF CLAUSES
Clause
1. Short title and application.
2. Interpretation.
3. Issue of commission of inquiry.
4. Power to summon witnesses.
5. Failure to attend or produce documents.
6. Duty of witness to continue in attendance.
7. Arrest of witness failing to appear.
8. Power to administer oaths.
9. Penalty for refusing to be sworn or to give evidence.
10. Privilege.
11. Act or omission on different days to constitute separate offences.
12. Proceedings of Commissioners.
13. Contempt of Commissioners.
14. Power of Commissioners in relation to documents produced.
15. Examination of witnesses by counsel, &c.
16. Expenses ,of witnesses.
17. Offences against Commissioners.
18. Protection of Commissioners, barristers and witnesses.
19. Proceedings for defamation not to lie.
20. Evidence of proceedings.
21. Remuneration of Commissioners and expenses of inquiry.
22. Making false statements to Commissioners.
23. Presenting false documents to Commissioners.
24. Application of Territorial laws.
25. Penalty.
26. Expenses payable out of public funds of Federation.



A Bill intituled

An Act relating to Commissions of Inquiry
concerning matters with respect to which the Federal
Legislature may make laws.








The Commissions of Inquiry Bill, 1958 3

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 Commissions of Slorta
Inquiry Act, 1958. application

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

2. In this Act, unless the contrary intention nterpreta
appears-

"reasonable excuse", in relation to an act or
omission by a person served with a summons to
attend before the Commissioners or appearing
as a witness before the Commissioners, means
an excuse that would excuse an act or omission
of a similar nature by a person summoned as
a witness, or appearing as a witness, before the
Federal Supreme Court;

"Conmmissioner" means any person to whom a
commission issued by the Governor-General
under section 3 of this Act is directed, and "the
Conunissioners" includes a sole Commissioner.

3. (1) The Governor-General may, whenever he deems ssue of
it expedient, issue a commission, directed to such person orsion of
persons as he thinks fit, requiring him or them as the caseinquiry.
may be to make inquiry into and report upon any matter
specified in the commission, being .a matter with respect to
which the Federal Legislature may make laws.

(2) The Governor-General may, by any commission
issued under the preceding subsection, appoint a secretary
to the Commissioners to record their proceedings and
generally to perform such duties connected with the inquiry
as the Commissioners may determine subject to the
directions, if any, of the Governor-General.

4. (1) The Commissioners shall have the power topow r to
sunmmon witnesses to attend before them and to give evidence witnesses.








4 The Commissions of Inquiry Bill, 1958

and to produce any books, plans or documents in their
custody or under their control which they are required by
the summons to produce.

(2) A summons issued under the preceding subsection
shall be signed by one of the Commissioners and may be
served personally or by post or by being left at the usual
place of abode of the person named in the summons.

allure to 5. (1) A person served with a summons to attend before
attend or
produce the Commissioners shall not, without reasonable excuse,-
documents.
(a) fail to attend before the Commissioners; or

(b) fail to produce any book, plan or document in
his custody or under his control which he is
required by the Commissioners to produce.

(2) A person who fails to comply with the provisions
of the preceding subsection shall be guilty of an offence
against this Act.

(3) It shall be a defence in proceedings under this
Act for failing without sufficient cause to produce any book,
plan or document, if it is proved that the book, plan or
document was not relevant to the inquiry.

Duty of 6. (1) A person who has been summoned to attend
witness to
outili inei before the Commissioners as a witness shall appear and
attendance, report himself from day to day unless excused by the
Commissioners or until he is released by the Commissioners
from further attendance.

(2) Any person who fails to comply with the
provisions of the preceding subsection shall be guilty of an
offence against this Act.

Arrest of 7. (1) If a person who has been summoned to attend
witness
filing to before the Commissioners as a witness fails to attend or
appear. appear before the Commissioners as required by section 5
or section 6 of this Act any Commissioner may, on proof by
affidavit of the service of the summons, issue a warrant for
the apprehension of that person.








The Commissions of Inquiry Bill, 1958


(2) A warrant so issued shall authorise the
apprehension of the person and his being brought before the
Commissioners and his detention in custody for that purpose
until he is released by order of the Commissioners.

(3) A warrant so issued may be executed by a person
who is a member of the police force of a Territory, or by
any person to whom it is addressed, and the person executing
it shall have power to break open and enter any place,
building or vessel for the purpose of executing the warrant.

(4) The apprehension of a person under this section
shall not relieve him from any liability incurred by reason
of his failure to attend or appear before the Commissioners.

S. (1) A Commissioner may administer an oath to avower to
administer
person appearing as a witness before the Commissioners, months.
whether the witness has been summoned or appears without
being summoned, and the Commissioners may examine the
witness upon oath.

(2) Where by virtue of any law in operation in a
Territory in which an oath is to be administered under this
section, any person is entitled to make an affirmation instead
of taking an oath, that person may do so before the
Commissioners and shall do so in the form prescribed by that
law.

9. (1) A person appearing as a witness before the re sity fr
Commissioners who, without reasonable excuse,- be sworn
or to give
ceidencec.
(a) refuses or fails to be sworn or to make an
affirmation, or
(b) refuses or fails to answer a question relevant
to the inquiry put to him by a Commissioner,
shall be guilty of an offence against this Act.

(2) For the purposes of this section, a question put
to a person by a barrister or solicitor appearing before the
Commissioners or by some other person authorised by the
Commissioners to appear before them, not being a question
disallowed by the Commissioners, shall be deemed to have
been put by a Commissioner.







The Commissions of Inquiry Bill, 1958


Privilege. 10. A person served with a summons to attend before
the Commissioners, or a person appearing as a witness before
the Commissioners, shall, in respect of any evidence given
by him before the Commissioners, be entitled to all the
privileges to which a witness giving evidence before the
Federal Supreme Court is entitled in respect of evidence
given by him before that Court.

Act or 11. Where a person has on any day done or omitted
omission oni
different to do something and his act or omission amounts to an offence
(ays to against section 5 or section 9 of this Act, and such person
constitute
separate does or omits to do the same thing in respect of a meeting
offences. of the Commissioners held on some other day, each such act
or omission shall constitute a separate offence against this
Act.
Proceed- 12. (1) Subject to the provisions of this section the
ings of
Coninis- proceedings of the Commissioners shall be held in public.
sioners.
(2) If the Governor-General so directs (which
direction may be contained in a commission issued under
section 3 of this Act or may be given in such other manner
as the Governor-General thinks fit) the proceedings of the
Commissioners or such part thereof as may be specified in
such direction shall be held in private and no person who is
not authorised by such direction to be present shall be
present during such proceedings.

(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, the Commissioners may, if they think
proper, take evidence in private and no person who is not
expressly authorised by the Commissioners to be present
shall be present during the taking of that evidence.

(4) Without affecting the generality of the last
preceding subsection, the Commissioners may take evidence
in private upon the application of a witness on the ground
that the taking of the evidence in public would be unfairly
prejudicial to him.

(5) The Commissioners may direct that any evidence
given before them, or the contents of any book, plan or
document produced at the inquiry, shall not be published.







The Commissions of Inquiry Bill, 1958


(6) Any person who makes a publication in
contravention of a direction given under the last preceding
subsection shall be guilty of an offence against this Act.

13. (1) A person who contravenes or fails to comply with Clt1pt
any of the provisions of sections 5, 6, 9, 12, or 17 of this Actmissioners.
shall be guilty of a contempt of the Commnissioners in
addition to being guilty of an offence against this Act.

(2) A contempt of the Conmnissioners under this
section shall be punishable by the Federal Supreme Court,
upon application made by the Attorney General, as if it were
a contempt of the Federal Supreme Court, and the Federal
Supreme Court shall have jurisdiction to hear and determine
proceedings in respect of such a contempt.

(3) Subject to this section, proceedings in respect of
such a contempt shall be instituted, carried on, heard and
determined in accordance with the law applicable to and in
relation to the punishment of contempts of the Federal
Supreme Court.

(4) In so far as any such law is incapable of
application a judge of the Federal Supreme Court may give
a direction as to the manner of instituting, carrying on,
hearing or determining a proceeding referred to in the last
preceding subsection and in that case the proceeding shall
be instituted, carried on, heard or determined, as the case
may be, in accordance with such direction.

(5) The penalty which the Federal Supreme Court
may impose in respect of a contempt of the Commissioners
shall be the penalty which would have been applicable in
respect of the offence constituting the contempt if
proceedings in respect of the offence had been taken
otherwise than under this section.

(6) A person guilty of an offence referred to in
subsection (1) of this section may be punished either under
this section or otherwise but shall not be punished twice for
the same offence.







The Conmmissions of Inquiry Bill. 1958


Power of 14. A Commissioner or any person authorised in
Commis-
sioners in writing by a Commissioner for this purpose may inspect any
documents books, plans or documents produced before the Commissioners
produced. and may retain them for such period as may be necessary for
the purposes of the inquiry and may make copies, or take
extracts from them, of such matters as may be relevant to
the inquiry.

Examina- 15. A barrister or solicitor appointed by the Attorney
witnesses General to assist the Commissioners, a barrister or solicitor
counsel, &e. authorised by the Commissioners to appear before them for
the purpose of representing any person, or any other person
authorised by the Commissioners to appear before them may,
so far as the Commissioners think proper, examine or
cross-examine any witness on any matter which the
Commissioners deem relevant to the inquiry and a witness
so examined or cross-examined shall have the same protection
and be subject to the same liabilities as if he were examined
by a Commissioner.
Expenses of 16. (1) A person summoned to appear as a witness, or
itnessesappearing as a witness, before the Commissioners shall be
paid such expenses, if any, in respect of his attendance as
the Commissioners may determine not exceeding the amounts.
provided by the scale of allowances payable to witnesses.
under the Federal Supreme Court (Original Jurisdiction)
Rules, 1958, or any rules of court amending or replacing the
same.

(2) The claim to allowance of any such person,
certified by a Commissioner, shall be paid by the Accountant
General out of the public funds of the Federation.

Offense 17. Any person who-
against
Commis-
sioners. (a) wilfully insults or disturbs the Commissioners
or any of them in relation to the performance
of any functions under this Act,

(b) interrupts the proceedings of the Com-
missioners,

(c) uses insulting language towards the Com-
missioners or any of them,








The Commissions of Inquiry Bill, 1958


(d) by writing or speech uses words false and
defamatory of the Commissioners or any of
them,

(e) by writing or speech uses words calculated-

(i) improperly to influence a person in
relation to evidence which he may give
before the Commissioners,

(ii) improperly to influence a witness before
the Commissioners, or

(iii) to bring the Conunissioners or any of
them into disrepute, or

(f) in any manner commits a wilful contempt of
the Commissioners, not being a contempt
which is a contravention of or failure to
comply with any of the provisions of sections
5, 6, 9 or 12 of this Act,

shall be guilty of an offence against this Act.
P-'rotection
18. (1) Every Commissioner shall have, in the exercise of of Commis-
his duty as a Commissioner, the same protection and ~ 2oiles,
immunity as a judge of the Federal Supreme Court. and
witnesses.

(2) A barrister or solicitor appearing before the
Commissioners, and every other person authorised by the
Commissioners to appear before them, shall have the same
protection and immunity as a barrister has when appearing
for a party in proceedings before the Federal Supreme
Court.

(3) Subject to this Act, a witness summoned to
attend or appearing before the Commissioners shall have the
same protection, and shall, in addition to the penalties
provided by this Act, be subject to the same liabilities in
any civil or criminal proceeding, as a witness in proceedings
in the Federal Supreme Court.








The Commissions of Inquiry Bill, 1958


Proceed- 19. (1) No action or proceeding, civil or criminal, shalT
ings for
defamation lie-
not to lie.
(a) against any person in respect of the printing:
or publishing of-

(i) an official transcript of proceedings of the
Commissioners, or

(ii) an official report of the Commissioners,,
or

(b) in respect of the publication in a newspaper,
or by means of broadcasting, of

(i) a fair and accurate report of proceedings:
of the Commissioners, or

(ii) a report of the Commissioners not being
a publication in contravention of section
12 of this Act.

(2) This section shall not limit or abridge any
privilege existing apart from this Act.

Evidence 20. (1) Where evidence of proceedings before the
eedgs. Commissioners (including questions asked of witnesses and
answers given or statements made by witnesses) is
admissible in any court in the Federation, the evidence may
be given by the production of a document certified under the
hand of any person who is or was one of the Commissioners
to be a transcript of the proceedings.

(2) Judicial notice shall be taken of the signatures
of the persons who are or were the Commissioners, and of
the fact that they are or were the Commissioners.

Remunera- 21. The Governor-General may direct what remunera-
conis- tion, if any, shall be paid to the Commissioners, and to their
sioners and secretary, and to any other persons employed in connection
expenses of
inq':r.f with the inquiry and may direct payment of any other
expenses attendant upon the carrying out of such inquiry,
and such sums, so directed to be paid, shall be paid by the
Accountant General out of the public funds of the
Federation.







The Commissions of Inquiry Bill, 1958 11

22. Any person who in the course of giving evidenceM~aking
before the Commissioners wilfully makes a statement ets to
material to the inquiry knowing the statement to be false commis-
or not believing it to be true, shall-- oe.
(a) if the statement was made on oath, be guilty
of a felony and on conviction on indictment be
liable to a fine or to imprisonment for a term
not exceeding seven years or to both such fine
and imprisonment;
(b) if the statement was made otherwise than on
oath, be guilty of an offence and be liable
on summary conviction 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.

23. Any person who produces before the Corn-Presenting
inissioners any false, untrue, fabricated or falsified docun mt nts to
with intent to deceive the Commissioners shall be guilty of(oommis-
an offence and shall be liable on summary conviction to a fine owners .
not exceeding five hundred dollars, or to imprisonment for a
term not exceeding twelve months or to both such fine and
imprisonment.

24. The proceedings of the Commissioners shall be pplica-
deemed to be a judicial proceeding and the Commissioners to Territorial
be members of a judicial tribunal for the purposes of any law nws.
in force in a Territory making provision for offences relating
to the administration of justice.

25. Any person guilty of an offence against this Act'enalty-
for which a punishment is not otherwise prescribed shall be
liable on summary conviction to a fine not exceeding two
hundred and fifty dollars, or to imprisonment for a term not
-exceeding three months or to both such fine and imprison-
ment.

26. All moneys payable out of the public funds of the Epenses
Federation under this Act are hereby appropriated out of the of ybliut
public funds of the Federation and shall be paid therefromful"a of
on the warrant of the Governor-General. ertion.


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







The Travel (Exemption from Formalities) Bill 1


THE WEST INDIES


THE TRAVEL (EXEMPTION FROM FORMALITIES)
BILL

OBJECTS AND REASONS


The object of this Bill is to exempt the Governor-
General, members of the Federal Legislature and, in respect
of travelling on official duty, public officers of the Federation
from certain formalities under Territorial laws relating to
customs, immigration and exchange control. The formalities
from which the Bill seeks to confer exemptions are those relat-
ing to the making of declarations or returns, such as customs
declarations or declarations made on Embarkation or Disem-
barkation Cards. Clause 2 (2) provides that these exemp-
tions shall not interfere with the grant or operation of any
permission or authority which under territorial law is depen-
dent on compliance with these formalities.

Clause 3 (1) authorises the Governor-General to
prescribe a form of identification which persons entitled to
the exemptions may produce as evidence of their entitlements.
Clause 3 (2) makes it an offence for unauthorised persons to
have such a form of identification in their possession with a
view to obtaining the benefit of the exemptions sought to be
conferred by this Bill.







The Travel (Exemption from Formalities) Bill


THE WEST INDIES

ACT No. of 1958.

THE TRAVEL (EXEMPTION FROM FORMALITIES)
BILL


ARRANGEMENT OF CLAUSES

Clause
1. Short title and application.
2. Exemption from formalities when travelling.
3. Identification of persons entitled to exemption.





A Bill intituled

An Act to exempt the Governor-General, members
of the Federal Legislature and public officers of the
Federation from certain customs, immigration and currency
formalities.

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:-

Short title 1. (1) This Act may be cited as the Travel (Exemption
an ppio from Formalities) Act, 1958.

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

Exemption 2. (1) The following persons, namely-
from
formalities
when (a) The Governor-General, members of the
Senate and members of the House of
Representatives, and








The Travel (Exemption from Formalities) Bill


(b) Public officers of the Federation when travell-
ing on duty -

shall not be obliged to make any declaration or return in pur-
suance of any law of a Territory relating to customs duties,
excise duties, immigration, emigration, currency or exchange
control.

(2) Where under any law of a Territory referred to in
the preceding subsection any declaration or return is required
to be made before the grant or operation of any exemption,
permission or authority .relating to customs duties, excise
duties, immigration, emigration, currency or exchange
control, such exemption, permission or authority may be
granted or may operate, as the case may be, notwithstanding
that by virtue of this Act no such declaration or return has
been made.

(3) In this section, "public officer of the Federation"
has the meaning assigned to it in article 116 of the Constitu-
tion.

3. (1) It shall be lawful for the Governor-General to pre-Idcntifica-
tion of
scribe a form of identification for persons entitled to anypersons
exemption under this Act the production of which shall beentitled to
prima facie evidence that the person producing it is a personexemption.
to whom the exemptions conferred by this Act apply.

(2) If any person to whom the provisions of this Act
do not for the time being apply has in his possession any such
form of identification as aforesaid with a view to obtaining
any of the exemptions conferred by this Act he shall be guilty
of an offence against this Act and shall be liable on summary
,conviction to a fine not exceeding five hundred dollars or to
imprisonment for a term not exceeding six months or to both
such fine and imprisonment.




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