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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/UF00076857/00167
 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: November 11, 1960
 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: VID00167
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 91
    The Federal Supreme Court (Salaries and Pensions) Bill
        A-1
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
    The Geneva Conventions (Supplementary Provisions) Bill
        B-1
        B-2
        B-3
        B-4
        B-5
        B-6
Full Text



The Federal Supreme Court (Salaries and Pensions) Bill


THE WEST INDIES

THE FEDERAL SUPREME COURT (SALARIES AND
PENSIONS) BILL

OBJECTS AND REASONS

The Federal Supreme Court (Salaries and Pensions)
Act, 1958, (Cap. 3) was enacted before the final form of the
general pensions legislation had been settled. Since the
enactment of the Pensions Act, 1958, (Cap. 512) some
difficulty has been experienced in construing certain of the
provisions of the former Act.

2. This Bill seeks to repeal and replace the Federal
Supreme Court (Salaries and Pensions) Act, 1958, clarifying
the provisions relating to the pensions of judges of the
Federal Supreme Court.








2 The Federal Supreme Court (Salaries and Pensions) Bill

THE WEST INDIES

ACT No. of 1960

THE FEDERAL SUPREME COURT (SALARIES AND
PENSIONS) BILL

ARRANGEMENT OF CLAUSES

Clause
1. Short title and application.
2. Commencement.
3. Interpretation.
4. Salaries ,of judges of the Federal Supreme Court.
5. Pension or gratuity may be granted in respect of service as a judge
of the Federal Supreme Court.
6. Pensions, etc. to be appropriated out of the public funds of the
Federation.
7. Maximum pensions.
8. Service as a judge designate before 3rd January, 1958.
9. Provisions in respect of judges without pensionable service other
than service as a judge of the Federal Supreme Court.
10. Pension where service as such a judge is five years or longer and
pension where such service is less than five years.
11. Provisions in respect of judges with pensionable service other than
service as a judge of the Federal Supreme Court.
12. Pension where pensionable service is ten years or longer and pension
where such service is less than 10 years.
13. Qualifying service.
14. Repeal.


A Bill intituled

An Act to repeal and replace the Federal Supreme
Court (Salaries and Pensions) Act, 1958, which provides for
the payment of salaries and pensions to the judges of the
Federal Supreme Court.

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 Federal Supreme
pliation. Court salariess and Pensions) Act, 1960.
application. Court (Salaries and Pensions) Act, 1960.








The Federal Supreme Court (Salaries and Pensions) Bill


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

2.; (1) Subject to the provisions of subsection (2) of comence
this section, this Act shall be deemed to have come into
operation on the 3rd day of January, 1958, immediately after
the coming into operation of the Federal Supreme Court
(Salaries and Pensions) Act, 1958. Cap.3.

(2) This Act shall, insofar as it relates to the Turks
and Caicos Islands and to the Cayman Islands, come into
operation on such day as the Governor-General may appoint
by proclamation in the Gazette.

3. (1) In this Act "the Pensions Act" means the Interpreta-
tion.
Pensions Act, 1958. Cap. 512

(2) Other expressions used in this Act have, unless
the context otherwise requires, the same meanings as are
respectively assigned to them in the Pensions Act.

4. There shall be paid to the Chief Justice of The salaries of
West Indies a salary of nineteen thousand two hundred theFederal
dollars a year and to every other judge of the Federal Sureme
Supreme Court a salary of sixteen thousand eight hundredourt.
dollars a year.

5. For the purposes of the Pensions Act, service as1 esion or
a judge of the Federal Supreme Court shall be deemed to be may be
service in a pensionable office, and a pension or gratuity rested in
may be granted under that Act to or in respect of any service as a
person who has had a period of such service as if he hadaudge of
the Federal
been confirmed in a pensionable office in the public service Supreme
of the Federation and, subject to the provisions of theCourt-
Constitution and of this Act, the provisions of the Pensions
Act shall apply in relation to any such pension or gratuity
and to the. grant computation and payment thereof and
shall be construed with such modifications as may be
necessary for the purposes of this Act.
Pensions,
6. All such sums of money as may from time to etc. to be
time be granted by way of pension, gratuity or other allow- aiPv ou
ance in pursuance of this Act, are hereby appropriated outof the
f ,the public funds of the Federation and shall be ?paid public funds
therefrom on the arrant of the overnor-eneralertion.
therefrom on the warrant of the Governor-General. Federation.







4 The Federal Supreme Court (Salaries and Pensions) Bill

Maximum 7. (1) A person shall not at any time draw from the
Pensions. public funds of the Elederation an amount of pension by
virtue of the provisions of this Act which, by itself or when
added to the amount of any pension or pensions drawn in
respect of public service in any other office, exceeds two-
thirds of the highest pensionable emoluments drawn by him
at any time in the course of his public service:

Provided that where an officer receives in respect of
some period of public service both a gratuity and a pension,
the amount of such pension shall be deemed for the purpose
of this subsection to be what it would have been if part of it
had not been commuted or, in the case of a pension granted
under the Superannuation Acts of the United Kingdom or
under the Overseas Superannuation Scheme, to be four-thirds
of its actual amount.

(2) For the purposes of this section an additional
pension granted in respect of injury shall not be taken into
account; but where a person is granted such an additional
pension by virtue of this Act, the amount thereof together
with the remainder of his pension or pensions shall not
exceed five-sixths of his highest pensionable emoluments
at any time in the course of his public service.

Service as 8. Where a person has had a period of service
a judge before the 3rd day of January, 1958, as a judge designate
designate
before 3rd of the Federal Supreme Court that period shall, if the
January, Governor-General so directs, be taken into account in
1958. computing under this Act or the Pensions Act any pension
or gratuity granted to or in respect of him as if it were service
in the substantive office of a judge of that Court.

Provisions 9. (1) The provisions of this section and of section 10
in respect of of this Act shall apply to persons who on the date of their
itout retirement from the public service have no pensionable
pensionable service other than service as a judge of the Federal Supreme
service
other than Court.
service as a
ge oraf t (2) No pension or gratuity shall be granted to any
Supreme such person except on his retirement from the public service
Court. in one of the following cases-

(a) If he retires after he attains the age of sixty
years; or







The Federal Supreme Court (Salaries and Pensions) Bill 5

(b) on medical evidence to the satisfaction of the
Governor-General that he is incapable by
reason of any infirmity of mind or body of
discharging the duties of his office, and that
such infirmity is likely to be permanent; or
(c) on the abolition of his office.
10. (1) The pension that may be granted on retirement nsion
to a person to whom this section applies who retires afterservice as
a period of not less than five years service as a judge of the such a
Federal Supreme Court shall be computed in accordance with years or
the provisions of the Pensions Act save that- longer and
pension
(a) in respect of the first ten years of his period sericeish
of service the pension shall be computed at less than
the annual rate of one two hundred andfive years.
fortieth of his pensionable emoluments for
each complete month of that period of service;
and
(b) thereafter the pension shall be computed at
the annual rate of one four hundred and
eightieth of his pensionable emoluments for
each complete month of that period of service.
(2) The pension that may be granted on retirement
to any such person who retires after a period of less than
five years service as a judge of the Federal ,Supreme Court
shall be of an amount not exceeding one quarter of his annual
pensionable emoluments:
Provided that no such pension shall be granted to a
person who retires otherwise than in either of the
circumstances set out in paragraph (b) or (c) of subsection
(2) of section 9 of this Act.
11. (1) The provisions of this section and of sections 12Provisions
and 13 of this Act shall apply to persons who on the date jgeset
of their retirement from the public service have pensionable with
service other than service as a judge of the Federal Supreme pens"inable
Court. other than
service as a
(2) Section 6 of the Pensions Act shall apply for the udge of the
purpose of determining the circumstances in which a pension Supreme
or gratuity may be granted to such a person in respect of his Court.
period of service as.a judge of the Federal Supreme Court
save that-






6 The Federal Supreme Court (Salaries and Pensions) Bill


(a) in respect of a person who retires from the
office of judge of the Federal Supreme Court
the said section 6 shall have effect as if the
following paragraph were substituted for
paragraph (a) thereof-

"(a) if he retires from the public service of
the Federation after he attains the age of
sixty years;" and

(b) in respect of a person who retires from other
public service, sub-paragraph (i) of paragraph
(b) thereof shall be construed as if the word
"fifty" therein were "sixty".

Pensions 12. (1) The pension that may be granted on retirement
pensionable to a person to whom this section applies who retires after
t yerei a period of not less than ten years pensionable service
or longer (calculated as regards his period of service as a judge of the
and pension Federal Supreme Court in accordance with the provisions of
where such
service is section 13 of this Act) shall be computed in accordance with
less than the provisions of the Pensions Act save that-
ten years.
(a) in respect of the first ten years of his period
of service as a judge of the Federal Supreme
Court the pension shall be computed at the
annual rate of one two hundred and fortieth
of his pensionable emoluments for each
complete month of that period of service;

(b) thereafter the pension shall be computed at
the annual rate of one-four hundred and
eightieth of his pensionable emoluments for
each complete month of that period of service;
and

(c) any residual period shorter than a complete
month of that period of service may, in order
to avoid the loss of one month's pensionable
service, be added to any period of his
pensionable service otherwise than as a judge
of the Federal Supreme Court in respect of
which his pension is computed at the annual
rate of one six hundreth of his pensionable


___.








The Federal Supreme Court (Salaries and Pensions) Bill 7

emoluments for each complete month of his
pensionable service.
(2) The pension that may be granted on retirement to
any such person who retires after a period of less than ten
years pensionable service (calculated as regards his period of
service as a judge of the Fedelral Supreme Court in accordance
with the provisions of section 13 of this Act) shall be of an
amount not exceeding one quarter of his annual pensionable
emolunents:
Provided that such pension shall be reduced by the
amount of any other pension he may have been granted in
respect of a period of public service, and for the purpose of
this section the amount of the latter pension shall be deemed
to be what it would have been if part of it had not been
commuted or, in the case of a pension granted under the
Superannuation Acts of the United Kingdom or under the
Overseas Superannuation Scheme, to be four-thirds of its
actual amount:
Provided further that no such pension shall be granted
to a person who retires otherwise than in any of the
following circumstances, that is to say,
(a) where he retires from the public service of the
Federation, in either of the circumstances set
out in paragraph (c) or (e) of section 6 of the
Pensions Act;
(b) where he retires from other public service, in
either of the circumstances corresponding
thereto in which he is permitted by the law or
regulations of that public service to retire on
pension or gratuity.
13. For the purpose of computing the qu ng Quaing lifying
service for pension of any person to whom this section applies
the period of service as a judge of the Federal Supreme Court
shall be counted twice.
14. The Federal Supreme Court (Salaries and lep""l.
Pensions) Act, 1958, is hereby repealed.


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







The Geneva Conventions (Supplementary Provisions) Bill


THE WEST INDIES

THE GENEVA CONVENTIONS (SUPPLEMENTARY
PROVISIONS) BILL

OBJECTS AND REASONS

The Geneva Conventions Act, 1957, of the United
Kingdom contained the necessary legal provisions to imple-
ment the Geneva Conventions of 1949 relating to the treat-
ment of prisoners of war and the protection of civilian
persons in time of war. Almost all the provisions of that
Act were extended, with necessary modifications and
adaptations, to The West Indies and the British Virgin
Islands by Order in Council.

This Bill seeks to make provision in respect of a matter
not covered by the Order in Council. It seeks to provide
that in a case where a protected prisoner of war or a protected
internee is convicted of an offence and sentenced to death or
to a term of imprisonment of two years or more, the time
for appealing shall not begin to run until notice of the convic-
tion and sentence has been given to the protecting power.





2 The Geneva Conventions (Supplementary Provisions) Bill


THE WEST INDIES

ACT No. of 1960

THE GENEVA CONVENTIONS (SUPPLEMENTARY
PROVISIONS) BILL

ARRANGEMENT OF CLAUSES
Clause
1. Short title.
2. Application.
3. Interpretation.
4. Appeals by protected persons to the Supreme Court.
5. Appeals by protected persons to superior courts of Territories.


A Bill intituled

An Act to supplement the Geneva Conventions Act,
1957, of the United Kingdom as extended to The West Indies
and the British Virgin Islands by the Geneva Conventions
Act (Colonial Territories) Order in Council, 1959, so as to
enable full effect to be given in relation to The West Indies
and the British Virgin Islands to certain international con-
ventions done at Geneva on the twelfth day of August,
nineteen hundred and forty-nine.

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. This Act may be cited as the Geneva Conventions
(Supplementary Provisions) Act, 1960.
Applica- 2. This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.

Interpreta- 3. In this Act-
tion.
the expressions "protected internee", "protected
prisoner of war" and "the protecting power" have
the meanings respectively assigned to them in







The Geneva Conventions (Supplementary Provisions) Bill 3

section 7 of the Geneva Conventions Act, 1957, of 5 & 6 Ez. 2
the United Kingdom as extended to The West c5 (Imp.)
Indies and the British Virgin Islands by the
Geneva Conventions Act (Coloniial Territories) s.I.
Order in Council, 1959; 1959 No.
1301 (Imp.)
"the Regulations" means the Federal Supreme Cap. i
Court Regulations, 1958;

"superior court", in relation to a Territory, has
the meaning assigned to it in paragraph (1) of
regulation 2 of the Regulations, and, in relation to
the British Virgin Islands has the meaning
assigned to it in subsection (2) of section 2 of the
Federal Supreme Court (Virgin Islands Appeals) ca. 5
Act, 1958.

4. Where a protected prisoner of war or a protected Appeals by
internee has been convicted in a superior court of a Territory person
or of the British Virgin Islands and has on such conviction to the
been sentenced to death or to imprisonment for a term of l"Spme
two years or more or where after an appeal to a superior
court of a Territory or of the British Virgin Islands the
sentence on a protected prisoner of war or a protected
internee remains or has become a sentence of imprisonment
for a term of two years or more, the time within which he
must give notice of appeal or notice of his application for
leave to appeal to the Federal Supreme Court shall, notwith-
standing anything in any enactment relating to such appeals,
be the period from the date of his conviction, or, in the case
of an appeal against sentence, of his sentence, or, in the case
of an appeal from an order, of the making of the order to the
expiration of fourteen days after the date on which he
receives a notice given-

(a) in the case of a protected prisoner of war, by
an officer of Her Majesty's forces;
(b) in the case of a protected internee, by or on
behalf of the officer in charge of the prison in
which he is confined,
that the protecting power has been notified of his conviction
and sentence, or of the making of the order, as the case may







4 The Geneva Conventions (Supplementary Provisions) Bill

be; and in a case to which any of the foregoing provisions
applies a reference to the period aforesaid shall be substituted
for-

(i) any reference to the period of fourteen days
after the date of conviction in paragraph (1)
of regulation 24 of the Regulations, (which
relates to the revesting and restitution of
property on conviction); or, as the case may
be,

(ii) any reference to the period of fourteen days
from the determination by the superior court
in paragraph (3) of regulation 35 of the
Regulations, as modified by sub-paragraph
(iii) of paragraph (c) of regulation 41 thereof
(which relates to the custody of any docu-
ments, exhibits or other things connected with
proceedings at the trial before the court of
summary jurisdiction).

Appeals by 5. Where a protected prisoner of war or a protected
perso to internee has been convicted in a court of summary jurisdic-
superior 'tion in a Territory and has on such conviction been
courts of
Territories. sentenced to imprisonment for a term of two years or more,
in reckoning the time within which he must give notice of
appeal or deliver the grounds of appeal or do any other act
for perfecting his appeal to a superior court no account shall
be taken of the period between the date of his conviction, or
in the case of an appeal against sentence, of his sentence and
the date on which he receives a notice given-

(a) in the case of a protected prisoner of war, by
an officer of Her Majesty's forces;

(b) in the case of a protected internee, by or on
behalf of the officer in charge of the prison in
which he is confined;

and in a case to which the foregoing provisions apply-
(i) any provision in any enactment suspending
the operation of any order for the restitution
of any property to any person made on a






The Geneva Conventions (Supplementary Provisions) Bill 5

conviction by a court of summary jurisdic-
tion or the operation, in the case of any such
conviction, of the provisions of any enact-
ment as to re-vesting of the property in
stolen goods on conviction, shall have effect as
if in reckoning the time during which the
operation of such order is, or of such provi-
sions are, suspended no account were required
to be taken of the aforesaid period; and

(ii) any provision in any enactment providing for
the continued custody of any documents,
exhibits or other things connected with pro-
ceedings at the trial before the court of
summary jurisdiction, after the termination
of such proceedings, shall have effect as if it
provided for the continued custody of such
documents, exhibits or other things until the
expiry of such time after the aforesaid
period as is allowed for an appeal to be made
to the superior court.


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




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