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This\nitem of legislation is currently only available in its original format.\nSTATUTORY INSTRUMENTS\n1993 No. 3143\nCARIBBEAN AND NORTH\nATLANTIC TERRITORIES\nThe Cayman Islands (Constitution) (Amendment) Order 1993\nMade       -      -      -      -\n16th December 1993\nLaid before Parliament\n10th January 1994\nComing into force\nOn a day to be appointed\nunder section 1(4)\nAt the Court at Buckingham Palace, the 16th day of December 1993\nPresent,\nThe Queen\u2019s Most Excellent Majesty in Council\nHer Majesty, by virtue of the powers conferred upon Her by sections 5 and 7 of the West Indies Act\n1962(1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of her\nPrivy Council, to order, and it is hereby ordered, as follows:\nCitation, construction and commencement.\n1.\u2014(1)  This Order may be cited as the Cayman Islands (Constitution) (Amendment) Order 1993\nand shall be read as one with the Cayman Islands (Constitution) Order 1972, as from time to time\namended(2).\n(2)  The Cayman Islands (Constitution) Orders 1972 to 1992 and this Order may be cited together\nas the Cayman Islands (Constitution) Orders 1972 to 1993.\n(3)  In this Order, \u201cthe Constitution\u201d means the Constitution set out in Schedule 2 to the Cayman\nIslands (Constitution) Order 1972.\n(4)  This Order shall come into force on such date as the Governor, acting in his discretion, may\nappoint by proclamation published in the Gazette.\n(1)\n1962 c. 19.\n(2)\nS.I.1972\/1101, amended by S.I. 1984\/126, S.I. 1987\/2199 and S.I. 1992\/226.\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\nAmendment of section 5 of Constitution.\n2. Section 5 of the Constitution shall be amended:\n(a) by replacing paragraph (a) by the following:\n\u201c(a)\n  the Chief Secretary, the Attorney\u2013General and the Financial Secretary, ex\nofficio, who are hereinafter referred to as the official members of the Council;\nand\u201d; and\n(b) in paragraph (b), by substituting the word \u201cfive\u201d for the word \u201cfour\u201d and adding at the end\nof the paragraph the words \u201cwho shall be entitled \u201cMinisters\u201d\u201d.\nAmendment of section 6 of Constitution.\n3. Section 6 of the Constitution shall be amended:\n(a) by deleting subsection (1); and\n(b) in subsection (2)(f), by substituting the words \u201cnine of\u201d for the words \u201ctwo\u2013 thirds of all\u201d.\nAmendment of section 13 of Constitution.\n4. Section 13(1) of the Constitution shall be replaced by the following:\n\u201c(1)  The Executive Council shall be summoned by the Governor acting in his discretion:\nProvided that the Governor shall summon the Council if requested to do so by a majority\nof Ministers.\u201d.\nAddition of new section 16A to Constitution.\n5. The Constitution shall be amended by the addition, immediately after section 16, of the\nfollowing new section:\n\u201cPowers of Attorney\u2013General.\n16A.\u2014(1)  The Attorney\u2013General shall have power in any case in which he considers\nit desirable so to do\u2014\n(a) to institute and undertake criminal proceedings against any person before any\ncourt in respect of any offence against any law in force in the Islands;\n(b) to take over and continue any such criminal proceedings that have been instituted\nby any other person or authority;\n(c) to discontinue at any stage before judgment is delivered any such criminal\nproceedings instituted or undertaken by himself or any other person or authority.\n(2)  The powers of the Attorney\u2013General under subsection (1) of this section may be\nexercised by him in person or by officers subordinate to him acting under and in accordance\nwith his general or special instructions.\n(3)  The powers conferred upon the Attorney\u2013General by subsection (1)(b) and (c) of\nthis section shall be vested in him to the exclusion of any other person or authority;\nProvided that where any other person or authority has instituted criminal proceedings,\nnothing in this subsection shall prevent the withdrawal of those proceedings by or at\nthe instance of that person or authority at any stage before the person against whom the\nproceedings have been instituted has been charged before the court.\n(4)  For the purposes of this section, any appeal from any determination in any criminal\nproceedings before any court, or any case stated or question of law reserved for the purpose\n2\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\nof any such proceedings, to any other court or to Her Majesty in Council shall be deemed\nto be part of those proceedings:\nProvided that the powers conferred on the Attorney\u2013General by subsection (1)(c) of this\nsection shall not be exercised in relation to any appeal by a person convicted in any criminal\nproceedings or to any case stated or question of law reserved at the instance of such a person.\n(5)  In the exercise of the powers conferred on him by this section, section 23 or section 24\nof this Constitution the Attorney\u2013 General shall not be subject to the direction or control\nof any other person or authority.\u201d.\nAmendment of section 17 of Constitution.\n6. Section 17(2) of the Constitution shall be amended as follows\u2014\n(a) by deleting paragraph (a);\n(b) by replacing paragraph (b) by the following:\n\u201c(b)\n  the Chief Secretary, the Attorney\u2013General and the Financial Secretary, ex\nofficio; and\u201d; and\n(c) by adding the following new paragraph:\n\u201c(d)\n  if he is not an elected member of the Assembly, the Speaker.\u201d.\nAmendment of section 18 of Constitution.\n7.\u2014(1)  Section 18(1)(f) of the Constitution shall be amended by inserting the words and figures \u201c,\nsubject to subsections (3) and (4) of this section,\u201d immediately before the words \u201cin the seven years\u201d.\n(2)  Section 18(4) of the Constitution shall be amended by inserting the following \u201cor (f)\u201d after\nthe reference to subsection (1)(e).\n(3)  For the avoidance of doubt, it is hereby declared that the reference to the appointed day in\nsubsection 18(4) as hereby amended is a reference to the appointed day as defined in section 5 of\nthe Cayman Islands (Constitution) (Amendment) Order 1987.\nAmendment of section 19 of Constitution.\n8.\u2014(1)  Section 19(1) of the Constitution shall be amended by replacing paragraph (e) by the\nfollowing:\n\u201c(e)\n  subject to subsection (2) of this section:\n(i) is under sentence of death imposed on him by a court, or is serving a sentence of\nimprisonment (by whatever name called) exceeding twelve months imposed on him\nby a court or substituted by competent authority for some other sentence imposed\non him by a court, or is under such a sentence of imprisonment the execution of\nwhich has been suspended; or\n(ii) has been detained in prison under such a sentence of imprisonment within the\nperiod of five years immediately preceding the date of the election;\u201d.\n(2)  Section 19(2) of the Constitution shall be amended by replacing the full stop at the end of the\nsubsection by a semicolon and the word \u201cand\u201d and by adding the following paragraph:\n\u201c(c)\n  no account shall be taken of a sentence of imprisonment imposed by a court outside\nthe Islands other than a sentence on conviction for an offence constituted by conduct\nwhich, if it occurred within the Islands, would constitute an offence punishable under the\nlaw of the Islands by imprisonment of 12 months, or any greater punishment.\u201d.\n3\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\nAmendment of section 20 of Constitution.\n9. Section 20 of the Constitution shall be amended:\n(a) by deleting subsections (1) and (2); and\n(b) by replacing subsection (3)(g) and (h) by the following:\n\u201c(g)\n  subject to section 21 of this Constitution, if any circumstances were to\narise that, if he were not a member of the Assembly, would cause him to be\ndisqualified for election thereto by virtue of any provision of section 19(1)\nother than paragraph (g).\u201d.\nReplacement of section 21 of Constitution.\n10. Section 21 of the Constitution shall be replaced by the following:\n\u201cDelay in vacation of seat to allow for an appeal.\n21.\u2014(1)  If circumstances such as are referred to in paragraph (g) of section 20(3) of this\nConstitution arise because a member is adjudged or declared bankrupt, certified insane or\nadjudged of unsound mind, is under sentence of death or imprisonment or is convicted or\nreported guilty of an offence relating to elections, and it is open to the member to appeal\nagainst the decision (either with or without the leave of a court or other authority), he shall\nforthwith cease to perform his functions as a member of the Legislative Assembly, but,\nsubject to subsection (2) of this section, he shall not vacate his seat in the Assembly until\nthe expiration of thirty days thereafter:\nProvided that the Governor, acting in his discretion, may, at the request of the member,\nfrom time to time, extend that period to enable the member to pursue the appeal against the\ndecision, save that extensions of time exceeding in the aggregate one hundred and fifty days\nshall not be given without the approval of the Legislative Assembly.\n(2)  If, on the determination of any appeal, such circumstances as aforesaid continue to\nexist and no further appeal is open to the member, or if for any reason, including the refusal\nof leave to appeal or the expiration of any time for entering an appeal, it ceases to be open\nto the member to appeal, he shall forthwith vacate his seat.\n(3)  If at any time before the member vacates his seat such circumstances as aforesaid\ncease to exist, his seat shall not become vacant on the expiration of the period referred to in\nsubsection (1) and he may resume the performance of his functions as a member.\u201d.\nRepeal of sections 22 and 23(1) of Constitution.\n11. Section 22 and section 23(1) of the Constitution shall be repealed.\nAmendment of section 24 of Constitution.\n12. Section 24(2) of the Constitution shall be amended by substituting the words \u201cAttorney\u2013\nGeneral\u201d for the word \u201cGovernor\u201d.\nAmendment of section 26 of Constitution.\n13. Section 26(1)(a) shall be amended by deleting the words \u201cin any part of the Commonwealth\u201d.\n4\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\nAmendment of section 29 of Constitution.\n14. Section 29 of the Constitution shall be amended by renumbering the same as subsection (1)\nand adding the following new subsection:\n\u201c(2)  Without prejudice to the generality of subsection (1), a law may make provision\nfor the holding of a referendum amongst persons qualified as electors in elections to\nthe Assembly on a question declared by resolution, adopted by a majority of the elected\nmembers of the Assembly, to be a matter of national importance and specified in such law.\u201d.\nAmendment of section 31 of Constitution.\n15. Section 31 of the Constitution shall be amended by adding the following new subsection:\n\u201c(3)  The Standing Orders of the Assembly shall make provision for the establishment\nof a Finance Committee of the Assembly as follows:\n(a) the Committee shall be composed of all the elected members of the Assembly\nand the Financial Secretary;\n(b) the Financial Secretary shall be the Chairman of the Committee; the Chairman\nshall not vote on any question unless the votes are equally divided in which case\nhe shall have and exercise a casting vote;\n(c) the functions of the Committee shall be to examine and consider, subject to the\nprovisions of section 37 of this Constitution, the estimates of expenditure for the\nservices of the Government, all financial bills, and such other matters relating to\nthe finances of the Islands as may be referred to it by the Assembly, and to report\nthereon to the Assembly.\u201d.\nNew section 31A added to Constitution.\n16. The Constitution shall be amended by the addition, immediately after section 31 of the\nfollowing new section:\n\u201cSpeaker and Deputy Speaker.\n31A.\u2014(1)  At the first sitting of the Legislative Assembly after a general election and as\nsoon as practical after a vacancy occurs in the relevant office otherwise than on a dissolution\nof the Assembly, the elected members of the Assembly shall elect\u2014\n(a) a Speaker from among the elected members of the Assembly, or persons qualified\nto be elected members of the Assembly, other than Ministers;\n(b) a Deputy Speaker from among the elected members of the Assembly other than\nMinisters;\nand the election of the Speaker shall take precedence over any other business of the\nAssembly.\n(2)  A person shall vacate the office of Speaker or Deputy Speaker\u2014\n(a) on dissolution of the Legislative Assembly;\n(b) if he informs the Legislative Assembly, by writing under his hand addressed to the\nAssembly and received by the Clerk of the Assembly, that he resigns his office;\n(c) in any circumstances which, in the case of the Speaker, would cause him to vacate\nhis seat as, or if he were, an elected member of the Assembly, or, in the case of\nthe Deputy Speaker, if he ceases to be an elected member of the Assembly;\n5\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\n(d) if, on the date of his election as Speaker or Deputy Speaker, he is a party to, or a\npartner in a firm or a director or manager of a company which is a party to any\ncontract with the Government of the Islands or if, on any date after such election,\nhe or a firm in which he is a partner or a company of which he is a director or\nmanager becomes a party to any such contract, or if he becomes a partner in a firm\nor a director or manager of a company which is a party to any such contract, and\nhe does not, before the expiration of thirty days from the date in question, disclose\nto the Assembly or, if that is impractic\u2013 able, to the Clerk of the Assembly in\nwriting the nature of such contract and his interest, or the interest of such firm\nor company, therein and the Assembly does not exempt him from vacating his\noffice under this paragraph;\n(e) if he becomes a member of the Executive Council;\n(f) on the passing, by the votes of two\u2013thirds of the elected members of the Assembly,\nof a motion expressing no confidence in him as Speaker or Deputy Speaker, as\nthe case may be.\u201d.\nReplacement of section 32 of Constitution.\n17. Section 32 of the Constitution shall be replaced as follows\u2014\n\u201cPresiding in Assembly.\n32. At sittings of the Assembly there shall preside\u2014\n(a) the Speaker; or\n(b) in the absence of the Speaker, the Deputy Speaker; or\n(c) in the absence of the Speaker and the Deputy Speaker, such of the elected\nmembers of the Assembly (other than a Minister) as may be elected by the elected\nmembers.\u201d.\nAmendment of section 35 of Constitution.\n18. Section 35(2) of the Constitution shall be amended by substituting the word \u201cSpeaker\u201d for\nthe word \u201cGovernor\u201d.\nAmendment of section 36 of Constitution.\n19. Section 36(1) of the Constitution shall be amended by substituting the word \u201cSpeaker\u201d for\nthe word \u201cGovernor\u201d.\nAmendment of section 42 of Constitution.\n20. Section 42(6) shall be amended by deleting the words \u201cor the establishment by the Governor\nof committees of the Assembly for special purposes relating to any of the matters mentioned in the\nlast foregoing subsection\u201d.\nAddition of new section 47A to Constitution.\n21. The Constitution shall be amended by the addition, immediately after section 47, of the\nfollowing new section:\n6\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\n\u201cRecalling dissolved Assembly in case of emergency.\n47A. If, between a dissolution of the Legislative Assembly and the next ensuing general\nelection, an emergency arises of such a nature that, in the opinion of the Governor, it is\nnecessary for the Assembly to be recalled, the Governor, acting in his discretion, may\nsummon the Assembly that has been dissolved and that Assembly shall thereupon be\ndeemed (except for the purposes of section 48 of this Constitution) not to have been\ndissolved, but shall be deemed (except as aforesaid) to be dissolved on the date on which\nthe next ensuing general election is held.\u201d.\nAddition of new Part V A to Constitution.\n22. The Constitution shall be amended by the addition, immediately following section 49G, of\nthe following new Part:\n\u201cPART V A\nTHE GRAND COURT AND SUBORDINATE COURTS\nTHE GRAND COURT\nConstitution of Grand Court.\n49H.\u2014(1)  There shall be a Grand Court for the Cayman Islands which shall be a superior\nCourt of Record and shall have such jurisdiction and powers as may be conferred on it by\nthis Constitution and any other law.\n(2)  The Court shall have and use a seal bearing the style of the Court and a device\napproved by the Chief Justice.\nComposition of Grand Court.\n49I.\u2014(1)  The judges of the Grand Court shall be a Chief Justice and such number of\nother judges (if any) as may be prescribed by a law made under this Constitution:\nProvided that the office of a judge shall not, without his consent, be abolished during his\ncontinuance in office.\n(2)  The judges of the Grand Court shall be persons qualified for appointment under\nsubsection (3) of this section and shall be appointed by the Governor, acting in his discretion,\nby instrument under the public seal.\n(3)  The qualifications for appointment as a judge of the Grand Court shall be such as\nmay be prescribed by a law made under this Constitution:\nProvided that a person who has been appointed as a judge of the Grand Court may continue\nin office notwithstanding any subse\u2013 quent variation in the qualifications so prescribed.\n(4)  It shall be lawful for a person qualified for appointment as a judge of the Grand\nCourt to be so appointed (regardless of his age) for such term as may be specified in the\ninstrument of appointment, and section 49J of this Constitution shall have effect in relation\nto any person so appointed as if he would attain the retiring age applicable to that office on\nthe day on which the specified term expires.\n(5)  The emoluments and allowances of a judge of the Grand Court shall be prescribed by\nlaw and shall be charged on the revenues of the Islands, and the emoluments and allowances\nof a judge shall not, without his consent, be reduced during his continuance in office.\n7\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\nTenure of office of judges of Grand Court.\n49J.\u2014(1)  Subject to the provisions of this section, a judge of the Grand Court shall\nvacate his office when he attains the age of sixty\u2013five years:\nProvided that\u2014\n(a) the Governor may permit a judge who attains the age of sixty\u2013five years to\ncontinue in office until he has attained such later age, not exceeding the age of\nseventy years, as may have been agreed between the Governor and that judge; and\n(b) a judge who has attained the age at which he would otherwise vacate office under\nthis subsection may con\u2013 tinue in office for such period as may be necessary\nto enable him to deliver judgment or to do any other thing in relation to any\nproceeding commenced before him before he attained that age.\n(2)  A judge of the Grand Court may be removed from office only for inability to\ndischarge the functions of his office (whether arising from infirmity of body or mind or any\nother cause) or for misbehaviour, and shall not be so removed except in accordance with\nsubsection (3) of this section.\n(3)  A judge of the Grand Court shall be removed from office by the Governor by\ninstrument under the public seal if the question of the removal of that judge from office\nhas, at the request of the Governor made in pursuance of subsection (4) of this section,\nbeen referred by Her Majesty to the Judicial Committee of Her Majesty\u2019s Privy Council\nunder section 4 of the Judicial Committee Act 1833(3) or any other enactment enabling Her\nMajesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge\nought to be removed from office for inability as aforesaid or misbehaviour.\n(4)  If the Governor considers that the question of removing a judge of the Grand Court\nfrom office for inability as aforesaid or misbehaviour ought to be investigated then\u2014\n(a) the Governor shall appoint a tribunal, which shall consist of a Chairman and not\nless than two other members selected by the Governor from among persons who\nhold or have held high judicial office;\n(b) the tribunal shall inquire into the matter and report on the facts thereof to the\nGovernor and advise the Governor whether he should request that the question\nof the removal of that judge should be referred by Her Majesty to the Judicial\nCommittee; and\n(c) if the tribunal so advises, the Governor shall request that the question should be\nreferred accordingly.\n(5)  The provisions of the Commissions of Inquiry Law as in force on the date of\ncommencement of this Constitution shall, subject to the provisions of this section, apply as\nnearly as may be in relation to tribunals appointed under subsection (4) of this section or, as\nthe context may require, to the members thereof as they apply in relation to Commissioners\nor Commissioners appointed under that Law.\n(6)  If the question of removing a judge of the Grand Court from office has been referred\nto a tribunal under subsection (4) of this section the Governor may suspend the judge from\nperforming the functions of his office, and any such suspension may at any time be revoked\nby the Governor, and shall in any case cease to have effect\u2014\n(a) if the tribunal advises the Governor that he should not request that the question\nof the removal of the judge from office should be referred by Her Majesty to the\nJudicial Committee; or\n(3)\n1833 c. 41.\n8\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\n(b) if the Judicial Committee advises Her Majesty that the judge ought not to be\nremoved from office.\n(7)  The powers conferred upon the Governor by this section shall be exercised by him\nin his discretion.\nActing judges of Grand Court.\n49K.\u2014(1)  If the office of Chief Justice is vacant, or if the holder thereof is for any\nreason unable to perform the functions of his office, then, until some other person has been\nappointed to, and has assumed the functions of, that office, or until the holder of that office\nhas resumed those functions, as the case may be, such one of the other judges of the Grand\nCourt or such other person qualified for appointment as a judge of the Grand Court as the\nGovernor, acting in his discretion, may appoint for that purpose shall act in that office.\n(2)  If the office of a judge of the Grand Court other than the Chief Justice is vacant, or if\nany such judge is acting as Chief Justice or is for any reason unable to perform the functions\nof this office, the Governor, acting in his discretion, may appoint a person qualified for\nappointment as a judge of the Grand Court to act as such a judge.\n(3)  A person may be appointed under subsection (1) or (2) of this section notwithstanding\nthat he has attained the age of sixty\u2013 five years.\n(4)  Any person appointed under this section to act as a judge of the Grand Court shall,\nunless he is removed from office under section 49J of this Constitution, continue to act for\nthe period of his appointment or, if no such period is specified, until his appointment is\nrevoked by the Governor, acting in his discretion:\nProvided that a person whose appointment so to act has expired or been revoked may, with\nthe permission of the Governor, acting in his discretion, continue so to act for such period\nas may be necessary to enable him to deliver judgment or to do any other thing in relation\nto any proceeding commenced before him previously thereto.\nOaths to be taken by judges of Grand Court.\n49L. Before assuming the functions of his office, every judge of the Grand Court shall\nmake and subscribe before the Governor, or some other person authorised in that behalf by\nthe Governor, acting in his discretion, oaths of allegiance and for the due execution of his\noffice in the forms set out in Schedule II to this Constitution.\nSubordinate Courts\nOther courts.\n49M.\u2014(1)  A law made under this Constitution may establish courts subordinate to the\nGrand Court.\n(2)  The Grand Court shall have jurisdiction to supervise the proceedings before any\nsubordinate court and may make such orders, issue such process and give such directions\nas it may consider appropriate for the purpose of ensuring that justice is duly administered\nby any such courts.\u201d.\nAddition of new Part V B to Constitution.\n23. The Constitution shall be amended by the addition, immediately following Part V A, of the\nfollowing new Part:\n9\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\n\u201cPART V B\nCOMPLAINTS COMMISSIONER\nAppointment of Complaints Commissioner.\n49N.\u2014(1)  Subject to the provisions of this Constitution, a law may make provision for\nthe office, functions, jurisdiction and powers of a Complaints Commissioner.\n(2)  The Complaints Commissioner shall be appointed by the Governor, acting in his\ndiscretion after consultation with the Executive Council, by instrument under the public\nseal.\n(3)  No person shall be qualified to be appointed as Complaints Commissioner if he\nis, or has been within the preceding three years, a member of the Legislative Assembly;\nand, subject to such exceptions as the Governor, acting in his discretion, may authorise in\nwriting, the Complaints Commissioner shall not hold any other office of emolument either\nin the public service or otherwise nor engage in any occupation for reward other than the\nduties of his office.\n(4)  The office of the Complaints Commission shall become vacant\u2014\n(a) at the expiration of the period specified in the instrument by which he was\nappointed;\n(b) if he resigns his office by writing under his hand addressed to the Governor;\n(c) if he becomes a member of the Assembly;\n(d) if the Governor, acting in his discretion, directs that he shall be removed from\noffice for inability to discharge the functions thereof (whether arising from\ninfirmity of body or mind or any other cause) or for misbehaviour, or for\ncontravention of subsection (3) of this section.\n(5)  In the exercise of his functions, the Complaints Commis\u2013 sioner shall not be subject\nto the direction or control of any other person or authority.\u201d.\nAmendment of section 50 of Constitution.\n24. Section 50(1) of the Constitution shall be amended by deleting the definition \u201cGrand Court\u201d\nand adding the following definitions:\n\u201c\u201cGrand Court\u201d means the Grand Court constituted by Part V A;\u201d\n\u201c\u201chigh judicial office\u201d means the office of judge of a court having unlimited jurisdiction in\ncivil and criminal matters in some part of the Commonwealth or a court having jurisdiction\nin appeals from such a court;\u201d\n\u201c\u201cMinister\u201d means an elected member of the Executive Council;\u201d.\nNew section 53A added to Constitution.\n25. The Constitution shall be amended by the addition, immediately after section 53, of the\nfollowing new section:\n\u201cRegister of interests\n53A.\u2014(1)  There shall be a Register of Interests for the Islands which shall be open to\nthe public. The register shall be maintained by a Registrar who shall be appointed, and may\nbe removed from office, by the Governor acting in his discretion.\n10\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\n(2)  It shall be the duty of any person to whom this section applies to declare to the\nRegistrar for entry in the Register of Interests such interests, assets, income and liabilities of\nthat person, and of such other person or persons connected with him, as may be prescribed\nby law.\n(3)  A person shall make a declaration under subsection (2) of this section upon assuming\nthe functions of his office and at such intervals (being no longer than twelve months) as\nmay be prescribed by law.\n(4)  This section applies to all members of the Legislative Assembly and the holders of\nsuch other offices (except that of Governor) as may be prescribed by law.\n(5)  A law may make provision for giving effect to this section, including the\nsanctions which may be imposed for a failure to comply with subsection (2) or (3) and,\nnotwithstanding any provision of Part III of this Constitution, the sanctions which may be\nimposed may include the suspension of a member of the Legislative Assembly from sitting\ntherein for such period as may be prescribed by law.\u201d.\nNew sections 55A, 55B and 55C added to Constitution.\n26. The Constitution shall be amended by the addition, immediately after section 55, of the\nfollowing new sections:\n\u201cOffice of Attorney\u2013 General.\n55A.\u2014(1)  The office of Attorney\u2013General shall be a public office and the Attorney\u2013\nGeneral shall be the principal legal adviser to the Government.\n(2)  Power to make appointments to the office of Attorney\u2013 General is vested in the\nGovernor acting in his discretion.\n(3)  Subject to the following provisions of this section, the Attorney\u2013General shall vacate\nhis office when he attains the age of fifty\u2013five years:\nProvided that the Governor may permit an Attorney\u2013General who attains the age of fifty\u2013\nfive years to continue in office until he has attained such later age, not exceeding the age of\nsixty\u2013five years, as may have been agreed between the Governor and that Attorney General.\n(4)  It shall be lawful to make an appointment of an Attorney\u2013 General for such term\nas may be specified in the instrument of appointment and the following provisions of this\nsection shall have effect in relation to any person so appointed as if he would attain the\nretiring age applicable to that office on the day on which the specified term expires.\n(5)  The Attorney\u2013General may be removed from office only for inability to discharge\nthe functions thereof (whether arising from infirmity of body or mind or any other cause)\nor for misbehaviour, and shall not be so removed except in accordance with the provisions\nof subsection (6) of this section.\n(6)  The Attorney\u2013General shall be removed from office by the Governor if the question\nof his removal from office has been referred to a tribunal appointed under subsection (7)\nof this section and the tribunal has advised the Governor that he ought to be removed from\noffice for inability as aforesaid or for misbehaviour.\n(7)  If the Governor, acting in his discretion, considers that the question of removing\nthe Attorney\u2013General from office for inability as aforesaid or for misbehaviour ought to be\ninvestigated, or the Chief Justice represents to the Governor that that question ought to be\ninvestigated, then\u2014\n11\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\n(a) the Governor shall appoint a tribunal, which shall consist of a Chairman and not\nless that two other members selected by the Governor, acting in his discretion,\nfrom among persons who hold or have held high judicial office; and\n(b) that tribunal shall inquire into the matter and report on the facts thereof to the\nGovernor and advise the Governor whether the Attorney\u2013General ought to be\nremoved from office for inability as aforesaid or for misbehaviour.\n(8)  The provisions of the Commissions of Inquiry Law shall, subject to the provisions of\nthis section, apply as nearly as may be in relation to tribunals appointed under subsection (7)\nof this section or, as the context may require, to the members thereof as they apply in relation\nto Commissions or Commissioners appointed under that Law.\n(9)  If the question of removing the Attorney\u2013General from office has been referred to\na tribunal under subsection (7) of this section, the Governor, acting in his discretion, may\nsuspend the Attorney\u2013General from performing the functions of his office, and any such\nsuspension may at any time be revoked by the Governor, acting in his discretion, and shall in\nany case cease to have effect if the tribunal advises the Governor that the Attorney\u2013General\nshould not be removed from office.\n(10)  References in subsections (3) to (9) of this section to the Attorney\u2013General do not\ninclude references to a person appointed to act in the office of Attorney\u2013General during any\nperiod when it is vacant or the holder thereof is unable to perform the functions thereof; and\nthe appointment of such a person may be revoked by the Governor, acting in his discretion,\nat any time before the expiration of that period.\u201d\n\u201cOffice of Auditor\u2013General.\n55B.\u2014(1)  The office of Auditor\u2013General shall be a public office and power to make\nappointments to the office of the Auditor\u2013 General is vested in the Governor acting in his\ndiscretion.\n(2)  Subject to the following provisions of this section, the Auditor\u2013General shall vacate\nhis office when he attains the age of fifty\u2013five years:\nProvided that the Governor may permit an Auditor\u2013General who attains the age of fifty\u2013\nfive years to continue in office until he has attained such later age, not exceeding the age of\nsixty\u2013five years, as may have been agreed between the Governor and that Auditor\u2013 General.\n(3)  It shall be lawful to make an appointment of an Auditor\u2013 General for such term\nas may be specified in the instrument of appointment and the following provisions of this\nsection shall have effect in relation to any person so appointed as if he would attain the\nretiring age applicable to that office on the day on which the specified term expires.\n(4)  The Auditor\u2013General may be removed from office only for inability to discharge the\nfunctions of his office (whether arising from inability of body or mind or any other cause)\nor for misbehaviour, and shall not be so removed except in accordance with the provisions\nof subsection (5) of this section.\n(5)  The Auditor\u2013General shall be removed from office by the Governor if the Governor,\nacting in his discretion, is satisfied that he ought to be removed from office for inability as\naforesaid or for misbehaviour.\n(6)  During any period when the question of removing the Auditor\u2013General from office\nfor inability as aforesaid or for misbehaviour is being investigated by, or in pursuance of\ndirections given by, the Governor, the Governor, acting in his discretion, may suspend the\nAuditor\u2013General from performing the functions of his office.\n(7)  References in subsections (2) to (6) of this section to the Auditor\u2013General do not\ninclude references to a person appointed to act in the office of Auditor\u2013General during any\n12\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\nperiod when it is vacant or the holder thereof is unable to perform the functions thereof; and\nthe appointment of such a person may be revoked by the Governor, acting in his discretion,\nat any time before the expiration of that period.\u201d.\n\u201cPensions.\n55C.\u2014(1)  The law applicable to the grant and payment to any officer, or to his widow,\nchildren, dependants or personal representatives, of any pension, gratuity or other like\nallowance (in this section referred to as an award) in respect of the service of that officer in\na public office shall be that in force on the relevant day or any later law not less favourable\nto the person concerned.\n(2)  For the purposes of this section, the relevant day is\u2014\n(a) in relation to an award granted before the date of the coming into force of the\nCayman Islands (Constitution) (Amendment) Order 1993, the day on which the\naward was granted;\n(b) in relation to an award granted or to be granted on or after the said date to or in\nrespect of a person who was a public officer before that date, the day immediately\nbefore that date;\n(c) in relation to an award granted or to be granted to or in respect of a person who\nfirst becomes a public officer on or after that date, the day on which he becomes\na public officer.\n(3)  Where any sum is required for the payment of an award and no, or insufficient,\nprovision is made therefor under a law made under this Constitution, that sum shall be\ncharged upon and paid out of the revenues of the Islands.\u201d.\nAmendment of Schedule II of Constitution.\n27. The heading to Schedule II of the Constitution shall be amended by deleting the words \u201cof\nthe Court of Appeal\u201d.\nTransitional.\n28.\u2014(1)  Any person who, immediately before the coming into force of this Order, holds or is\nacting in the office of Judge or Clerk or other officer of the existing Grand Court, or the office of\nAttorney\u2013General or Auditor\u2013General, shall continue to hold or, as the case may be, act in that office\nas if he had been appointed to hold or act in it in accordance with the Constitution as hereby amended.\n(2)  Any reference to the existing Grand Court in any law made before the coming into force of this\nOrder shall, in relation to any period after the coming into force of this Order, be read as a reference\nto the Grand Court as constituted by the Constitution as hereby amended; and the Governor may by\nOrder published in the Cayman Islands Gazette, at any time within twelve months of the coming\ninto force of this Order, make such amendments or modifications to any law relating to the existing\nGrand Court as may be necessary or expedient for bringing that law into conformity with this Order.\n(3)  Any cause, matter or appeal pending before the existing Grand Court immediately before the\ncoming into force of this Order may be continued, determined or appealed against as if such cause,\nmatter or appeal had been instituted or was pending before the Grand Court as constituted by the\nConstitution as hereby amended.\n(4)  Any decree or order of the existing Grand Court given or made before the coming into force\nof this Order, in so far as it has not been fully executed or enforced, may be executed or enforced as\nif it were a decree or order of the Grand Court as constituted by the Constitution as hereby amended.\n13\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\n(5)  In this section, the \u201cexisting Grand Court\u201d means the Grand Court as reconstituted under the\nGrand Court Law of the Cayman Islands(4).\nN. H. Nicholls\nClerk of the Privy Council\n(4)\nLaw 8 of 1975.\n14\n\nDocument Generated: 2017-08-03\nStatus: This is the original version (as it was originally made). This\nitem of legislation is currently only available in its original format.\nEXPLANATORY NOTE\n(This note is not part of the Order)\nThis Order makes various amendments to the Constitution of the Cayman Islands. The principal\nchanges are:\n\u2014 As regards the Executive, provision is made for increasing the number of members elected\nto the Executive Council by the Legislative Assembly from four to five; such members will\nbe styled \u201cMinisters\u201d. New provision is made for the Attorney\u2013General and Auditor\u2013General\ndesigned to protect their tenure of office and the independence of the Attorney\u2013General in\nrespect of the conduct of prosecutions.\n\u2014 More specific provision is made for the offices of Speaker and Deputy Speaker and new\nprovision is made for disqualifying members of the Assembly in the event of their being\nconvicted of offences punishable by at least one year\u2019s imprisonment by any court (not only\nas hitherto a Commonwealth court) and for a period of five years after such a sentence has\nbeen served.\n\u2014 Provision is also made for a Commissioner for Complaints, for a Register of Interests and for\nreferenda; and the Superior Court of first instance (the Grand Court) is now established by the\nConstitution rather than by a law of the Islands.\n15","akn_extracted_at":"2026-06-22 15:41:07.964838+00","cms_id":"CONST-88","law_type":"constitution","year":"1993","number":"88","title":"1993 - The Cayman Islands (Constitution) (Amendment) Order 1993 (SI 1993 No. 3143)","status":"not_in_force"},"provenance":{"files":[{"file_id":"6895","expr_id":"2397","kind":"akn_xml","filename":"19933143 - The Cayman Islands Constitution Amendment Order 1993 UKSI 31431993.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/1993\/CONST-88\/19933143 - The Cayman Islands Constitution Amendment Order 1993 UKSI 31431993.akn.xml","content_md5":"3ea453e8c718ade7f729be65d12db128","byte_size":"43885","http_last_modified":null,"fetched_at":"2026-06-22 15:41:08.307614+00"},{"file_id":"4793","expr_id":"2397","kind":"pristine_pdf","filename":"19933143 - The Cayman Islands Constitution Amendment Order 1993 UKSI 31431993.pdf","source_url":"\/cms\/legislation\/constitution\/historic.html?download=88:1993-the-cayman-islands-constitution-amendment-order-1993-si-1993-no-3143","storage_path":"\/Users\/q\/kyleg-data\/pristine\/CONSTITUTION\/1993\/CONST-88\/19933143 - The Cayman Islands Constitution Amendment Order 1993 UKSI 31431993.pdf","content_md5":"b825983724e96e5c343f1093c3f840a0","byte_size":"315516","http_last_modified":null,"fetched_at":"2026-06-16 03:48:46.85439+00"},{"file_id":"4794","expr_id":"2397","kind":"working_pdf","filename":"19933143 - The Cayman Islands Constitution Amendment Order 1993 UKSI 31431993.pdf","source_url":"\/cms\/legislation\/constitution\/historic.html?download=88:1993-the-cayman-islands-constitution-amendment-order-1993-si-1993-no-3143","storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/1993\/CONST-88\/19933143 - The Cayman Islands Constitution Amendment Order 1993 UKSI 31431993.pdf","content_md5":"b825983724e96e5c343f1093c3f840a0","byte_size":"315516","http_last_modified":null,"fetched_at":"2026-06-16 03:48:46.85439+00"}],"paragraph_count":26,"latest_history":null},"quality":{"expr_id":"2397","doc_id":"2397","quality_state":"known_issue","quality_score":"55","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: status this is the original version as it was orig x15; item of legislation is currently only available in x15; document generated 2017 08 03 x14","assessed_at":"2026-06-22 15:29:46.197701+00","updated_at":"2026-06-22 15:29:46.197701+00"}}