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L-Ordni tal-1964 dwar l-Indipendenza ta' Malta (scheduletotheorder)

122 Articoli / Disposizioni · Malta
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Indice delle disposizioni (122)

Preamble Schedule To The Order Art. 2 Second Schedule Art. 3 Re~o.:atioll. First Schedule Art. 4 Eltabl,.run..nt Constitution of M alla, Second Schedule It-Tieni Skeda Art. 10 Art. 12 . VatidilJ 0( ,,~ Art. 13 Art. 14 ~I odificati ... of Ordoon of 19~9 ..,d 1 !l61. Art. 15 Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Art. 25 Art. 26 Art. 27 Art. 28 Art. 29 Art. 30 Art. 31 Art. 32 Art. 33 Art. 34 Art. 35 Art. 36 Art. 37 Art. 38 Art. 39 Art. 40 Art. 41 Art. 42 Art. 43 Art. 44 Art. 45 Art. 46 Art. 47 Art. 48 Art. 49 Art. 50 Art. 51 Art. 52 Art. 54 Art. 55 Art. 56 Art. 57 Art. 58 Art. 59 Art. 60 Art. 61 Art. 62 Art. 63 Art. 64 Art. 65 Art. 66 Art. 67 Art. 68 Art. 69 Art. 70 Art. 71 Art. 72 Art. 73 Art. 74 Art. 75 Art. 76 Art. 77 Art. 78 Art. 79 Art. 80 Art. 81 Art. 82 Art. 83 Art. 84 Art. 85 Art. 86 Art. 87 Art. 88 Art. 89 Art. 90 Art. 91 Art. 93 Art. 94 Art. 95 Art. 96 Art. 97 Art. 98 Art. 99 Art. 100 Art. 101 Art. 102 Art. 103 Art. 104 Art. 105 Art. 106 Art. 107 Art. 108 Art. 109 Art. 110 Art. 111 Art. 112 Art. 113 Art. 114 Art. 115 Art. 116 Art. 117 Art. 118 Art. 119 Art. 120 Art. 121 Art. 122 Art. 123 Art. 125 Art. 126

Testo normativo (122 Articoli)

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Preamble — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Supplement to the Malta Government Ga:etle N o. 11,688, l8th September, 1964

MALTA

The Malta Independence Order 1964

Made

2nd September 1964

At the Court at Buckingham Palace, the 2nd day of September

Presen t,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the power conferred upon Her by

section 1(1) of the Mal ta Independence Act 1964(a)and of all other

powers enabling Her in that behalf, is pleased, by and with the

advice of Her Privy Council, to order, and it is hereby ordered, as

follows:-

This Order may be cited as the Malta Independence Citation I nd

1.- (1 )

Order 1964.

In sections 1 to 15 (inclusive) of this Order -

(2)

" the appointed day" means the day appointed by section 2

of this Order;

··the Constitution" means the constitution set out in the

Schedule to this Order.

(3) Save where the context otherwise requires, the provi-

sions of section 126 of the Constitution shall apply for the purposes

of interpreting sections I to 15 (inclusive) of this Order, and other-

wise in relation thereto, as they apply for the purposes of interpret-

ing, and in relation to, the Constitution_

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Schedule To The Order — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

CONSTITUTION OF MALTA

AI'l'angement of Sections

CHAPTER I

THE STATE

Section

1. Territories.

2. Religion.

3. National Flag.

4. National Anthem.

S. Language.

6. Constitution to be suprem e law.

QuPTER 11

DECLARATION OF PRINC IPLES

7. Right to work.

8. Promotion of culture, etc.

9. Safeguarding of landscape and historical and artistic patri.

mony.

10. Religious teaching in State schools.

11. Compulsory and free primary education.

12. Ed ucationl interest.

13. P rotection of wo rk.

14. Hour.; of work:.

R i~hts of women workers.

15.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 2 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

The appoin ted day fo r t he purposes of section HI ) of the

Malta Independence Act 1964 shall be 21st September 19M,

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Second Schedule: — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Amended by;

Act XLI of 1965

Act XXXVI I of 1956

Act IX of 196?

Act XXVI of 1970

Act XLVII of 1972

Act LVII of 1974

Act LVIII of 1974

CONST IT UT ION OF MALT A

CHAPTER I

TIlE STATE

Tenitorles

1. Until othet"\\ise provided by the law thetenitoriesofMaltacon-

sist of those tenitories comprised in Malta i1mnediately before the

appointed day, including the tenitorial waters thereof.

Religion

2. (1) The Religion of Malta is the Roman Catholic Apostolic

Religion.

(2) The State guarantees to the Roman Catholic Apostolic

Church the right freely to exercise her proper spiritual and ttcle-

siastical functions and duties and to manage her own affairs.

National Flag

3. The National Flag of Malta consists of two equal vertical

stripes, white in the hoist and red in the fly. A representation of the

George Cross awarded to Malta by His Majesty King George the

Sixth on the 15th April 1942 is carried, edged with red, in the can-

ton of the white stripe.

Natiot/at Anthem

4. The National Anthe m of Malta is " l -Innu Malt i" opening

wit h the words " til din I·Art helwa I-Omm Ii tatna isimha".

LAnguage

The National language of Malta is the Maltese language.

S.--{l)

(2) T he Malt ese and the English lan guages and such ot her

language as may be prescribed by Parliament (by a law passed by not

less th an two-thirds of all the members of the House of Represent a_

t ives) shall be the official la ngu ages of Malta and the Administ rat ion

may for all official pu rposes use any of such languages

Provided that any person may address the Administ rat ion in

any of the official languages and the reply of the Administration

there to shall be in such language.

The language of the Courts s hall be the Maltese lan·

(3)

guage

Provided that Parliament may make such provision for the

use of the English language in such cases and under such conditions

as it may prescribe.

(4) T he House of Repr esentatives may, in regulatinl its

own procedure. determine the language or languages that sha I be

used in parliamentary proceedings and records.

Constitution to be supreme law

6. Subject to the provisions of sections 48(7) and (9) and 67 of

this Constitution, if any other law is inconsistent \,ith this Constitu-

tion, this Constitution shall prevail and the other law shall. to the

extent of the inconsistency, be void.

CHAPTER II

DECLARATION OF PRINCIPLES

Right to work

an

7. T he State recognises the ri~ht of

citizens to work and

~halI promote such conditicns as will make this right effective.

Promotion of culture, etc.

8. The State shall promote the development of culture and

scientific and technical research.

Safeguarding of landscape and historical and artistic ]Xltrimony

9. The State shall safeguard the la ndscape and the historical

and artistic patrimony of the Nation.

Religious reaching in Stafe Schools

10. Religious teaching of the Roman Catholic Apostolic faith

shall be provided in all State Schools.

Compulsory and free primary education

H. Primary education shall be compulsory and in State schools

shall be free of charge.

Educational interests

12.-(1) Capable and deserving students, even if without finan-

cial resources, are entitled to attai n the highest grades of education.

(2) T he State shall give effect to this principle by means

of scholarships, of contributions to the families of students and

other provisions on the basis of comoeti tive examinations.

Protection of work

IJ.-{l ) The State shall protect work.

(2) It shall provide for the professional or vocational

training and advancement of workers.

Hours of work

'4.- (1) The maximum number of hours of work per day shall

be fixed by law.

(2) The worker is entitled to a weekly day of rest and to

annual holidays with pay; he cannot renounce t his right.

Rights of women workers

IS. The State shall aim at ensuring that women workers enjoy

equal rights and the same wages for the same work as males.

Minimum age for paid labour

16. The mi nimum age for paid labo ur shall be prescribed by

Jaw.

Safeguarding labour of minors

17. The State shall provide for safeguarding the labour of

minors and assure to them the right to equal pay for equal work.

Social assistance and insurance

1S.- (1) Every citizen incapable of work and unprovided with

the resources necessary for subsistence is entitled to maintenance and

social assistance.

(2) Workers are entitled to reasonable insurance on a con-

tributory basis for their requirements in case of accident, illness, dis-

ability, old-age and involuntary unemployment .

(3) Disabled persons and persons incapable of work are

entitled to education and voca tio nal training.

Encouragement of private economic enterprise

19. The State shall encourage private economic enterprise.

Protection of artisan trades

20. The State shall provide for the protection and development

of artisan trades.

Encouragement of co-operatives

21. The State recognises the social function of co-operatives

and shall encourage th eir development.

Application of the principles contained in this Chapter

22. T he provisions of this Chapter shall not be enforceable in

any court, bu t the principles therein contained are nevertheless fun.

damental to the governance of the country and it shall be the aim of

the State to apply these principles in making laws.

CHAPTER III

CITIZENSHIP

Persons who become citizens on appointed day

23.- (1) Every person who, having been born in Malta, is on

the day before the appointed day a citizen of the United Kingdom

and Colonies shall become a citizen of Malta on the appointed day

P rovided that a person shall not become a citizen of Malta

by virtue of this subsection if neither of his parents was born in

Malta.

(2) Every person who, havin~ been born outside Malta, is

on the day before the appointed day a CItizen of the United Kingdom

and Colonies shall, if hIs father becomes, or would but for his death

have become, a citizen of Malta in accordance with the provisions

of subsection (1) of this section, become a citizen of Malta on the

appointed day.

Persons el/titled to be registered as citizens

24.-(1) Any person who, but for the provis? to subsect io n ( I)

of section 23 of this Constitution, would he a Cit izen of Malta by

virtue of tbat subsection shall be entitled, upon making application

before the expiration of two years from the appointed day in such

manner as may be prescribed, to be registered as a citizen of Malta

Provided that a person who has not attained t he age of

eighteen years (other than a woman who is or has been married) may

not himself make an applicatio n under this subsection, but an appli-

cation may be made on his behalf by the person who accord ing to

law has authority over him.

(2) Any woman who on the day before the appointed day

is or has been married to a person -

(a) who becomes a citizen of Malta by virtue of section

23 of this Constitution; or

(b) who having died before the appointed day would, but

for his death, have become a citizen of Malta by virtue of that

section,

shall be entitled, upon making application in such manner as may be

prescribed and, if she is a British protected person or a alien, upon

taking the oath of allegiance, to be registered as a citizen of Malta .

(3) Any woman who on the day before the appointed day

is or has been manied to a person who becomes a cillzen of Malta

by registration under subsection (1) of section shall be entitled,

upon making application within such time and in such manner as

may be prescribed if she is a British protected person or an

alien, upon taking the oath of allegiance, to be registered as a citizen

(4) Any woman who on the day before the appointed day

has been married to a person who becomes, or would, but for his

death, have become entitled to be registered as a citizen of Malta

under subsection (I) of this section, but whose marriage has been

terminated by death or by such dissolut ion as is valid under the law

of Malta shall be entitled, upon making application before the

expiration of two years from the appointed day and in such manner

as may be prescribed and, if she is a British protected person or an

alien, upon taking the oath of allegiance, to be registered as a citizen

of Malta.

(5) The provisions of subsections (2), (3) and (4) of tb is

section shall be without prejudice to the provisions of section 23 of

this Constit ution.

Persons naturalised or registered as resident before appointed day

25.-(l) Any person who on the day before the appointed day

was a citizen of the United Kingdom and Colonies -

(a) having become such a citizen under the British

Nationality Act 1948 (a) by virtue of his having been natura_

lised in Malta as a British subject before that Act came into

force; or

11 &. 12 Oco. 6. c. S6.

(a)

(b) having become such a citizen by virtue of his having

been naturalised or registered in Malta under that Act,

shall be entitled, upon making applicatio n before the expiration of

two years from the appointed day in such man ner as may be pre-

scribed, to be registered as a citi ze n of Malta

Provided that a person who has not attained the age of

~ighteen years (other than a woman who is or has been marr ied) may

not himself make an application under th is subsection, but an appli-

cation may be made o n his behalf by the person who 3C{:ording to law

has authority over him.

(2) Any perso n who on the day before the appointed

d.y-

(a) was a Commonwealth citizen or a citizen of the Re-

public of Ireland; and

is descended in the male li ne from a perso n born in

(h )

Malta,

and was on the day before the appointed day ord inarily reside nt in

Malta and had been so resident throughout the period of five years

immediately preceding that day shall be entitled, upon making appli-

catio n before the expiratio n of two years from the appointed day in

such manner as may be prescribed, to be registe red as a citizen of

Malta

Provided t hat a person who has not attai ned the age of

eighteen years (other tha n a woman who is or has been married)

may not himself make an appl icatio n under this subsection, but an

appl icat io n may be made on his behalf by the person who accord-

ing to law has authority over hi m.

Acquisition of citi;;enship by birth or descent by persons born on or

after appointed day

26_-(1) Every person born in Malta on or after the appoint.

ed day shall become a citizen of Malta at the date of his birth

Provided that a person shall not become a citizen of Malta

by virtue of this subsection if at the time of his birth-

(a) neither of his parents was a citizen of Malta and his

father po~sessed such immun ity from suit and legal process

as is accorded to an envoy of a foreign sovereign power aecred·

ited to Malta; or

(b ) his Cather was an enemy alien and the birth occurred

in a place then under occupation by the enemy.

(2) A person born outside Malta on or afte r the appoInt-

ed day shall become a citizen of Malta at the date of his birth if at

that date his father is a citizen of Malta otherwise than by virtue of

th is subsection or subsection (2) of section 23 of th is Constitution.

Marriage to citi:en of Malta

27. Any woman who on or after the appointed day ffiaTTies

a person who is or becomes a cit izen of Malta sball be entitled, upon

making application in such manner as may be prescribed and, if sbe

is a British protected person or an alien, upon taking the oath of

a\ligiance, to be registered as a citizen of Malta.

Dual citizenship

28,-(1) Any person who, upon his attainment of the age of

eighteen years, is a citizen of Malta and also a citizen of some

country other than Malta shaH cease to be a citizen of Malta upon

his attainment of the age of nineteen years (or, in the case of a

person of unsound mind, at such later date as may be prescribed) un·

less he has renounced his citizenship of that other country and, in the

case of a person who is a citizen of Malta by virtue of subsection

(2) of section 23 of this Constitution, has made and registered such

declaration of his intentions concerning residence or employment

as may be prescribed.

A perS<ln who -

(2)

(a) has atta ined the age of eighteen years before the ap-

pointed day; and

(b) becomes a citizen of Malta on that day by virtue of

the provisions of section 23 of this Constitution; and

(c) is immediately after that day also a citizen of some

country other than Malta,

shall cease to be a citizen of Malta on the expiration of two years

from the appointed day (or, in the case of a person of unsoun d mind,

at such later date as may be prescribed) unless he has renounced

his citizenship of that other country and, in the case of a person

who is a citizen of Malta by virtue of subsection (2) of section 23 of

this Constitution, has made and registered such declaration of his

intentions concerning residence or employment as may be prescribed.

A citizen of Malta shall cease to be such a citizen if -

(3)

having attained the age of eighteen years, he acquires

(IJ)

the citizenship of some country other than Malta by a voluntary

act (other than marriage); or

(b) having attained the age of eighteen years, he other-

wise acquires the cit izenship of some country other than Malta

and has not, befou the expira tion of one year after the date

on which he acquired the citizenship of that other country.

renounced his citizenship of that other country and made and

registered such declaration of his in tentions concerning resi dence

or employment as may be prescribed.

(4)

A person who -

(" becomes a citizen of Malta by registration under sec·

tion 24, 25 or 27 of th is Constitution: and

(b ) is immediately after the day on which he becomes a

citizen of Malta also a citizen of s.ome other country,

shall cease to be a citizen of Malta on the expiration of six months

after the date on which he acquired citizenship of Malta (or, in the

case of a pers.on of unsound mind, at such la ter date as may be pre·

scribed) unless he has renounced his citizenship of tha t other

country, and made and registered such declaration of his intentions

concerning residence or employment as may be prescribed.

(5) For the purposes of this section where, under the law

of a country other tha n Malta, a person cannot reno unce his

citizenship of that other country, he may instead make such decla-

ration concerning such citizenship as may be pre~cribed.

(6) Provision may be made by or under an Act of P arlia-

ment extending beyond the period specified in any provision of this

section the period in which any person may make a renunciation of

citizenship, or make or register a declaration for the purposes of

that provision of this section, and if such provision is made that

person shall not cease to be a citizen of Malta upon the expiration

of the period specified in this section but shall cease to be such a

citizen upon the expiration of the extended period if he has not then

made the renuncia t ion, or made or registered the declaration, as th e

case may be.

Commonwealth clllzens

29.- (1) Every person who under this Constitution or any

Ac t of Parliament is a cit izen of Mal t a or undcr any enactment for

the time being in force in any country to which this section applies

is a cit izen of that country shall, by virtue of tha t Citizenship, have

the stat us of a Commonwealt h citizen.

(2) Every person who is a British subj~t without citizen·

ship under the British Nationality Act 1948 or who continues

to be a British subject un der section 2 of that Act shall by

virtue of that status have the status of a Commonwealt h citizen.

0) Save as may be otherwise provided by Parliament.

the cou ntries to which this section applies are the Unitcd King·

dom and Colonies, Canada, Australia, N<!w Zealand, India, Pakistan.

Ceylon, Ghana, Malaysia, the Federation of Nigeria, the Republic

of Cyprus, Sierra Leone, Southern Rhodesia, the Unitcd Republic of

Tanganyika and Zanzibar, Jamaica, Trinidad and Tobago, Uganda.

Kenya and Malawi.

Criminal liability of Commonwealth citizens

30.- 0) A Commonwealth citizen wbo is not a citizen of Malta

or a citizen of the Republic of Ireland who is not a citizen of

Malta shall not be guilty of an offence against any law in force

in Malta by reason of anything done or omitted in any part of

the Common wealth other tha n Malta or in the Republic of Ire-

land or in any foreign country unil$S -

(a) the act or omission would be a n offence if he were

an alie n; and

(b) in the case of an act or omISSIon in any part of the

Commonwealth or in the Republic of Ireland, it would be

an offence if the country in which the act was done or the

omission made were a foreign co untry.

(2) In tbis section "foreign co un try" means a country

(other than the Republic of Ireland) that is not a part of the Corn·

mo nweal t h,

Powers o( Parli(.!menl

31 .- (1) Parliame nt may make provision -

for t he acquisitio n of citizenship of Malta by per-

(a)

sons who do not become cit izeu of Malta by vi rtue of the

provisions of this Chapter;

(b) for deprivi ng of h is citizenship of Malta any person

who is a citizen of Malta otherw ise than by vi rt ue of -

(i) section 23 or subsection (I ) of section 26 of this

Constitutio n; or

(ii) s ubsection (2) of sect ion 26 of this Constit ut ion

in relatio n to a person born outside Mal ta whose fa t her

at the da te of that perso n's birth is a citizen of Malta by

virtue of s ubsection (I) of section 23 or subsectio n (I ) of

se(:tion 26 of this Constitu tio n;

for tbe ren unciat io n by any person of his citizenship

(c)

of Malta.

Provision may be made by or under an Act of Par·

(2)

liament for elCtending t he period in whic h anr person may ma ke

an application for registration as a cit izen 0 Mal ta, make a re·

nunciation of citizenshi p, take an oath or make or regis ter a dec-

larat ion for the purposes of the provisions of th is Chapte r.

InterprelUtion

n .- (l)

In t his Chapter -

"alien" means a person who is no t a Commo nwealth

citizen , a British protected person or a citize n of the Republic

of Ireland;

" British protected person" means a person who is a Bri·

tish protected person for th e purposes of the British Na tionality

Act 1948;

"prescribed" means prescribed by or under any Act of

Parliament.

(2) For the purposes of t his Chapter, a person born

aboa rd a reg is tered ship or aircraft, or aboard an unregistered ship

or aircraft of t he gove rnment of any country, shall be deemed to

have been bo rn in the place in which t he ship or aircraft was

regis tered or, as the case may be, in t hat country.

Any referen ce in this Chapter to the fa ther of a

(3)

person shall, in relation to a person born out of wedlock and

not legit imated, be construed as a reference to the mot her of t hat

person and, in relatio n to an adopted child whose adoption has

been regis tered tmder any law in force in Malta, be const rued

as a reference t o the ad0r.ter or. in the case of a joint adopt ion,

the male adopter, and re erences to the parent of such person shall

be construed aCCord ingly.

(4) Any reference in this Chapter to the national status

of the fathe r of a person at th e t ime of that perso n's birth shall,

in relation to a person born afte r the death of his father , be

construed as a refe rence to the national status of t he father at

the time of the father's death; and where that death occurred

before the appointed day and the birth occurred on or after the

appoi nted day, the natio nal status th at the father would have ha ll

if he had died on the appointed day shall be deemed to be his

nat ional status at th e time of his death.

CIIAPTER IV

FUNDAMENTAL RIGHTS AND FREEDOMS

OF THE INDIVIDUAL

F undamental tights andfreedoms of the individUQJ

n. Whereas every person in Malla is entitled to the fund a-

me ntal rights and freed a rns of the ind ividu al, that is 10 say, the right,

whatever his race, place of origin. political opinions. colour. cree d

or sex. but subiect to respect for the rights and freedoms of others

and for the public interes t, to each and an of th e followin g. namel y-

(a) life, liberty. secur ity of the person, the enjoyment of

property and the protection of the law;

(b) freedom of co nscience. of expression and of peacefu l

assembly an d association: and

(c) respect for his private an d family life,

the subseq uent provisions of th is Chapter shan have effect for the

purpose of affording protecti on to the aforesaid rights and freedo ms.

subject to such limita tions of that protection as are contai ned in

those provisions being limitations designed to ensure that the enjoy-

ment of the said rights and freedoms by any indi vidual does not

prejudice th e ri ghts and freedoms of others or the pu blic interest.

Protection of right to life

34.- (1) No person shall intentio nally be deprived of his Jife

save in execution of th e sentence of a court in respect of a criminal

offence under the la w of Malta of wh ich he has been co nvic ted.

12) Witho ut prej ud ice to any liability for a contravention

of any other law with respect to the use of fo rce in such cases

as are herei nafter mentioned, a person shall not be rega rd ed as

having been deprived of his life in contravention of this section

if he dies as the result of the use of force to such extent as is

reasonably justifiable in the circumstanc'!S of the case -

(a ) for the defence of any person from viole nce or for th e

defe nce 01 property

(b) in order to effect a lawful arres t or to prevent the

esca pe of a person la wfull y detained;

(c) for the pu rpose of suppressing a riot. ins urrectio n or

mutiny; or

(d) in order to prevent the commissio n by that person of a

criminal offence.

or if he dies as the result of a la wful act of wa r.

Protection from arbitrm'Y arrest or detentiOI1

35.- (1) No person shall be deprived of his personal liberty

save as may be authorised by la w in t he following cases, that is to

"y -

in consequence of his unfitness to plead to a criminal

(a)

charge;

in execution of the sentence or order of a court.

(b)

whethe r in Malta or elsewhere, in respect of a criminal offence

of which he has been convicted

(c) in execution of the order of a court punishing him for

contempt of that court or of another court or tribunal or in

execution of t he order of the House of Representatives punis h-

ing him for contempt oi itself or of its members or for breach

of privilege;

(d) in execution of the order of a court made to secure

the fu lfilment of any obligation imposed on him by law;

(e) for the purpose of bringing him before a court in

execution of the order of a court or before the House of Repre-

sentatives in execution of the order of that House;

IJ) upon reasonable suspicion of his having committed, or

being about to commit, a crim inal offence;

(g) in the case of a person who has not attained the age

of eighteen years, for the purpose of his education or welfare;

(h. for the purpose of preventing the spread of an

infectious or contagious disease;

(I) in the ease of a person who is, or is reasonably sus-

pected to be, of unsound mind, addicted to drugs or alcohol, or

a vagrant, for the purpose of his care or t reatment or the protec-

tion of the community; or

1]) for the purpose of preventing the unlawful entry of t hat

person into Malta, or for the purpose of effecting the expUlsion,

extradition or other lawful removal of that person from Malta

or the uking of proceedings relating thereto or for the purpose

of restraining tha t person while he is being conveyed through

Malta in the course of his extradition or removal as a convicted

prisoner from one country to ano ther_

(2) Any person who is arres led or detained shall be

informed, at the time of his arrest or detention, in a language t hat

he understands, of the reaso ns for his arrest or detention

Provided t hat if an interpreter is necessary and is nol

readily available or if it is otherwise impracticable to comply with

the provisions of this subsection at the time of the person's arrest

or detention, such provisions shall be complied with as soon as

practicable.

(3) Any person who is arrested or detained -

(0) for the purpose of bringing him before a court ID

execution of the order of a cour t; or

(b. upon reasonable suspicion of his having committed,

or being about to commit, a criminal offence,

and who is not released, shall be brought not later than (orty-eight

hours before a court; and if any person arrested or deuined in such

a case as is mentioned in paragraph (b) oC this subsection is not

tried within a reasonable time, then, without prejudice to any further

proceedings which may be brought against him, he shall be released

either unconditionally or upon re3.sonable conditions, including in

particular such conditions as afC reasonably necessary to ensure that

he appears at a later date for trial or for proceedings preliminary to

trial.

(4) Any person who is unlawfully arrested or detained by

any other person shall be entitled to compensation therefor from

that person.

(5) Nothing contained in or done under the authority of

any law shall be held to be inconsistent with or in contravention of

this section to the extent that the law in question authorises the

taking during such a period of public emergency as is referred to In

paragraph (a) or (c) of subsection (2) of section 48 of this Consti·

tution of measures that are reasonably justifiable for the purpose of

dealing with the situation that exists during that period of public

emergency.

(6) If any person who is lawfully detained by virtue only

of such a law as is referred to in the last foregoing subsection so

requests at any time during the period of that detention not earlier

than six months after he last made such a request during that period,

his case shall be reviewed by an independent and impartial tribunal

established by law an<l composed of a person or perso ns each of

whom holds or has held judicial office or is qualified to be appointed

to such office in Malta.

(7) On any review by a tribunal in pursuance of the last

foregoing subsection of the case of any deta ined person, the t ribunal

may make recommendations concerning the necessity or expediency

of conti nuing h is detention to the authority by whom it was ordered,

but. unless it is otherwise provided by law, that authority shall

not be obliged to act in accordance with any such recommendations.

Protection from forced labour

36.- 0)

No person shall be required to perform forced labour.

(2) For the purposes of this

section,

the

expression

"forced labour" does not include -

(a) any labour required in consequence of the sentence

or order of a court;

labour required of any person while he is lawfully de-

(b)

tained by sentence or ordcr of a court that, though not required

in co nsequence of such sentence or order, is reasonably neces-

s~ry in the interests of hygiene or for the m~intenance of the

place at wh ich he is det~ined or, if he is detained for the pur·

pose of his care. t reatment. education or welfare, is reasonably

required for that purpose;

(c) any labour required of a member of a disciplined force

in pursuance of his duties as such or, in the case of a person

who has conscientious objections t o service as a member of a

naval, military or air force, any labour that that person IS re-

quired by law to perform in place of such service;

(d) any labour required during a period of public

emergency or in the event of any other emergency or calamity

that threatens the Jife or well-being of the community.

Protection from i71liuman treatment

37.-(1) No person shall be subjected to inhuman or degrad·

ing punishment or treatment.

(2) Not hing contained in or done under the authority of

any law shall be held 10 be inconsisten t with or in contravention

of this section to the extent that the law in question authorises the

inHiction of any description of punishment which was lawful in

Mal t a im med iately before the appointed day.

(3) (a) No law shaH provide for the imposition of collec-

tive punishments.

(b) Nothing in this subsection shall preclude the im-

position of collective punishments upon the members of a disciplined

force in accordance with the law regulating the discipline of that

force.

Protection from deprivation of property without compensation

38.- (1) No p roperty of any descript ion shall be compulsorily

taken possession of, and no interest in or right over property of anI'

description shall be compulsorily acquired, except where provision

is made by a law applicable to that taking of possession or acqui·

sition -

(a) for the paymen t of adequate compensation;

(h) securing to any person claiming such compensation a

right of access to an indepe nden t and impartial court or tr io

bunal est ablished by law for the purpose of determining his in·

terest in or right over the properly and the amount of any corn·

pe nsation to which he may be entitled, and for the purpose of

obtaining payment of that compensat ion; and

(cl securing to any party to proceedings in that court or

tr ibunal relating to such a claim a right of appeal from its de-

termination to the Co urt of Appeal in Malta.

(2) Noth ing in this section shall be construed as affect im

the making or operation of any law so far as it provides for the

taking of possessIOn or acquisi t ion of property -

(a) in sa t isfaction of any tax, rate or due

(b) by way of penalty for, or as a consequence of, breac h

of t he law, whether under civil process or after conviction of a

criminal offence;

(c) upon the attempted removal of the property out of or

into Malta in con travention of any law;

(d) by way of the taking of a sample for the purposes of

any law;

le) where the property consists of an animal upon its be-

ing found trespassing or straying ;

{() as an incident of a lease, tenancy, licence. priviJege or

hypothec, mortgage, charge, bill of sale, pledge or other con·

tract ;

(g) by way of the vesting or administration of property

on behaH and for the benefit of the person entitled to the bene-

ficial interest therein, trust property, enemy property or the

property of persons adjudged bankrupt or otherwise declared

bankrupt or insolvent, perS(Jns of unsound mind, deceased per·

sons, or bodies corporate or unincorporate in the course of be-

ing wound up or liquida ted;

(h) in the execution of judgments or orders of courts;

(!) by reason of its being in a dangerous state or injurious

to the health of human beings, animals or plants;

m

in consequence of any law with respect to the limitation

of actions, acquisitive prescription, derel ict land, treasure trove,

mortmain or t he rights of succession competent to the Crown

" (k) for so lo ng only as may be necessary for the purposes of

any examina ti on, inves tigation, trial or inquiry or, in the case of

land, the carrying out thereon -

(i) of work of soil conservation or the co nse rvation of

other natural resources of any description or of war damage

recons truction; or

(ii) of agr icul tural development or improvement which

the o wn er or occupier of the land has been required, and h as

without reasonable and lawful excuse refused or failed to

carry out.

(3) Nothing in this section shaH be construed as affecting

the making or operation of any law so far as it provides for vesting

in the Government of Malta the ownership of any underground mine-

rals, water or antiquities.

(4) Nothing in this section shaH be construed as affectin~

rh(' making or operation of any law for the compulsory tak ing of pos-

session in the public interest of any property, or the compulsory

acquisit ion in th(' public int('rest of any interest in or right over pro-

perty, where that property, interest or right is held by a body corpo-

rate wh ich is established for public purpose.<> by any law and in which

no monies have been in vested other than monies provided by any

legislature in Malta.

Pl'otectioll for privacy of hO»1(> or other property

39.- (1) Except with his own consent or by way of parental

discipline, no person shall be subjected to the search of his person or

his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of

any law shall be held to be inconsistent with or in contravention of

this section to the extent that the law in question makes provision -

that is rl.'asonably required in th(' inter('st of defence,

(a )

public safety, public order, public morality or decency, public

health, town and country plan ning, th e development and utilisa-

tion of mineral resources, or the development and utilisation of

any property in such a manner as to promote the public benefit;

(b) that is reasonably required for the purpose of promot-

ing the rights or freedoms of other persons;

fe) that authorises a department of the Governme nt of

Malta. or a local lovern ment author ity, or a body corporate

established by la w or a public pur pose, to enter on the premises

of any person in orde r to inspect those premises or anyth ing

thereon for the pu rpo~ of any lax, ra te or due or in order to

carry out work connected with any property or installation wh ich

is lawfully on those premises and which belongs to that Govern·

me nt, th at authority, or that body corporate, as the case may

be; or

(d) t ha t a ut horises, for the purpose of enforcing a judgm en t

or order of a court, th e search of any perso n or property by order

of a court or entry upon any premises by such order, or that is

necessary for the pu rJX1SC of preve nti ng or detec t ing criminal

offences.

and except so far as th at provision or, as th e case may be, th e thi ng

done under the au thority thereof is shown no t to be reasonably justi·

fiable in a democratic society.

Provisious to secure protection of low

40.- (1 ) Whenever any person is charged with a criminal

offence he shall. unless the charge is withdrawn, be afforded a fair

hearing withi n a reasonable ti me by an independent and impartial

court established by law.

(2) Any court or other adj udica ting aut hori ty prescribed

by law fo r the determination of the existence or the extent of civil

rights or obligations shaH be independen t and im part ial; and where

proceedings for such a determination are instituted by any person be·

fore such a co urt or other adj udicating authority, th e case shall be

given a fair hearing within a reasonable time.

(J) Except with th e agreement of aH th e parties thereto, aH

proceedings of every Co urt and proceedings relating to the de termi na·

tion of t he exis tence or the extent of a person's civil rights or obliga.

tio ns before any oth er adjud icating au thor ity, including the announce-

ment of t he decisio n of the court or other authority, shaH be he ld in

public.

(4) Nothi ng in subsectio n (J) of th is section shall prevent

any court or any authority such as is me nt ioned in th at suhsection

from excluding from the proceedings persons other tha n the parties

thereto and their legal representa tives -

(0) in proceed ings before a court of vol un tary jurisdiction

and other proceedings which, in the practice of the Courts in

Malta are, or are of the same nature as those which are, d is posed

of in chambers;

(b ) in proceedings under any law relat ing to income tax; or

(e) to s uch extent as t he court or other authority -

(j) may consider necessary or exped ient in circum.

stances where publicity would prej udi ce the interes ts of

just ice; or

(i il may be empowered or req uired by law to do so in

the interests of defen ce, public safety, public order, public

mo rality or decency, the welfare of persons under the age of

eighteen years or th e protection of the private lives of per-

sons concerned in the proceedi ngs.

(5) Every per5(Jn who is charged with a criminal offence

shall be presumed to be inn ocent until he is proved or has pleaded

guilty

Provided that nothi ng co n13.ined in or done under the autho-

rity of any law shaH be held 10 be inconsistent with or in contraven-

t ion of this subsection to t he extent that the la w in quest ion imposes

upon any person charged as aforesaid the burden of proving parti.

cular facts.

(6) Every person who is charged with a criminal offence-

(a) shall be informed in writing, in a language which he

understands and in detail, of t he nature of the offence charged;

(b ) shall be given adequate lime and facilities for the pre-

paration of his defence;

(c) shall be permitted t o defe nd himself in person or by a

legal representative and a person who cannot afford to pay for

such legal representation as is reaso na bly required by the cir-

cumstances of his case shall be enti tled to have such represen-

tat ion at the public expense;

(d) shall be afforded facilities to examine in person or by

his legal representative the witnesses caned by the prosecution

before any court and to obtain the attendance of witnesses sub-

ject to th e payment of their reasonable expenses, and carry out

the examination of witnesses to testify on his behalf before the

court on the same conditions as those applyi ng to wit nesses

called by the prosecution; and

(e) sha1! be permitted to have wi t hout payment the assis-

ta nce of an interpreter of he cannot understand the language

used a t t he trial of the charge,

and except wit h his own consent the trial shall not take place in his

absence unless he so conducts himself as to render th e continuance

of the proceedings in his presence impracticable and the court has

ordered him to be removed and the trial to proceed in h is absence.

(7) When a person is tfied for any criminal offence, t he

accused person or any person authorised by him in that behalf shall,

if he so requires and subject to payment of such reasonable fee as

may be prescribed by la w, be given within a reasonable t ime after

judgment a copy for the use of the accused person of any record of

the proceedings made by or on behalf of th e court_

(8) No person shan be held to be guilty of a criminal of-

fence on account of any act or omission th at did not, at the time it

took place, constitute such an offence, and no penalty shall be im-

posed for any criminal offence which is severer in degree or des-

crip tion than the maximum penalty which might have been imposed

for t hat offence at t he time when it was comm itted.

(9) No person who shows that he has been tried by any

competent cou rt for a criminal offen ce and either convicted or ac-

quitted shall again be tried for that offence or for any other criminal

offence of which he co uld have been convicted at the t rial for that

offence save upon the order of a superior co urt made in t he course

of appeal or review proceedings relating to the conviction or acquit-

tal; and no person shall be tried for a criminal offence if he shows

that he has been pardoned for that offence

Provided that nothing in any law shall be held to be In-

consistent wit h or in contravention of this subsection by reason

only that it authorises any court to try a member of a disciplined

force fo r a criminal offence notwithstanding any trial and convic-

tion or acquittal of that member under the disciplinary law of that

force, so however that any court so trying soch a member and con-

lIicting him shall in sentencing him to any punishment take into

account any punis hment awarded him under that disciplinary law.

(10) No person who is tried for a criminal offence shall

be compelled to give evidence at his trial.

on

In this section "legal representative" means a person

entitled to practise in Malta as an advocate or, except in relation

to proceedings before a court where a legal procurator has no right

of audience, a legal procurator.

ProtectiOf! of freedOf!I of conscience

41.- (1) All persons in Malta shall have full freedom of con·

science and enjoy the free uercise of their respective mode of re-

ligious worship.

(2) Nothing contained in or done under the autho rity of

any law shall be held to be inconsistent with or in contravention of

subsection (I), to the extent that the law in question makes pro-

vision tha t is reasonably required in the interests of public safety,

public order, public morality or decency, public health, or the pro--

tection of the rights and freedom s of others, and except so far as

that provision or, as the case may be, the thing done under the

authority thereof, is shown not to be reasonably justifiable in a

democratic society.

ProtectiOf! of freedom of expression

42.--( 1) Except with his own consent or by way of parental

discipline, no person shall be hindered in the enjoyment of his free-

dom of expression. including freedom to hold opinions without inter-

ference, freedom to receive ideas and information withou t inter-

ference, freedom to communicate ideas and information without

interference (whether the communication be to the public generally

or to any person or class of persons) and freed om from interference

with his correspondence.

(2) Nothing contained in or done under the authority of

any law s hall be held 10 be inconsistent with or in contravention of

subsection (l) of this section to the extent that the law in question

makes provision -

that is reasonably required -

(a)

(i) in the interests of defence, public safety, public

order, public morality or decency, Of public health; or

(ii) {or the purpose of protecting the reputations,

rights and freedoms of other persons, or the private lives

of persons concerned in legal proceedings, preventing the

disclosure of information received in confidence, maintain·

ing the authority and independence of the courts, prolect·

ing the privileges of Parliament, or regulatine telepho ny,

telegraphy, posts, wireless broadcasting, televiSIon or other

means of communication, public exhibitions or public

entertainments: or

Cb) that imposes restrictions upon public officers.

and excepts so far as that provision or , as the case may be, the

thing done under the authority thereof is shown nOI to be reason·

ably justifiable in a democratic society.

(3) Anyone who is resident in Malta may edit or print a

newspa per or journal published daily or periodically

Provided that provision may be made by Jaw -

(a) prohibiting or restricting the editing or printing of

any such newspaper or journal by persons under twenty-one

years of age: and

(b) requiring any person who is the editor or printer of

any such newspaper or journal to inform the prescribed

authority t o that effect and of his age and to keep the pre-

scribed authority informed of his place of residence.

(4) Where the police seize any edition of a newspaper

as being the means whereby a criminal offence has been committed

they shall within twenty-four hours of the seizure bring th e seizure

to the notice of the competent court and if the court is not satisfied

that there is a prima facie case of such offence, tha t edition shall

be returned to the person from whom it waS seized.

(5) No person shall be de prived of his citizenship under

any provisions made under section 31(1) (b) of this Co nst it ution or

of his juridical capacity by reason only of his polit ical opinions.

Protection o f freedom of assembly alld association

43.- (1) Except with his own consent or by way of parental

disc ipline no person shall be hindered in th e enjoyment of his free-

dom of peaceful assembly and association, that is to say, his right

peacefully to assemble freely and associate with other persons and

in particular to form or belong to trade or other unio ns or associa·

tions for the protection of his interests.

(2) Not hi ng contained in or done under the authority of

any law shall be held to be inconsistent with or in contravention of

this section to th e extent that the law in question makes provision-

(a) that is reasonably requ ired -

0) in the interests of de fe nce, public safety, public

order, public morality or decency, or pu blic health; or

(ii) for the purpose of protecting the rights or free-

doms of other persons; or

th at imposes restrictions upon public officers.

(b)

and except so far as that provision or. as the case may be, the thing

done under the authority thereof is shown not to be reasonably justi·

fiable in a democratic society.

Prohibition of deportation

44.- {l ) Extradition is only permitted in pursuance of a r·

rangements made by treaty and unde r the authority of a law.

(2) No person shall be extradited for an offence of a

political character.

(3) No citizen of Malta shall be removed from Malta ex-

cept as a result of extradition proceedings or under any such law as is

referred to in section 45(3)(b) of this Constitution.

(4) The provisions made by or under the Fugitive Offen-

ders Act 1881 (a), as for the time being in force in Malta, for the re-

moval of persons from Malta to another country to undergo trial

or punishment in that country in respect of an offence committed

in that country and any general arrangements for the extrad ition

of persons between Commonwealth countries to which Malta for

the time being adhe res shall be deemed. for the purposes of sub-

section ( I) of this section, to be arrangements made by t reaty, and

subsection (2) shall not apply in relation to t he removal or extra-

dition of a person under such provisions or arrangements.

Protectioll of freedom of movement

45,- (1 ) No citizen of Malta shall be deprived of his free-

dom of movement, and for the purpose of this section the said free-

dom means the righ t to move freely throughout Malta, the right to

reside in any part of Mal ta. the right to leave and the righ t to

enter Malta.

(2) Any res triction on a citizen's freedom of movement

that is involved in his lawful deten tion shall not be held to be in-

consistent with or in contrave ntion of th is section.

0) Nothing contained in or done under the authority of

any law shaH be held to be inconsistent with or in contravention

of this section to t he extent that the law in question makes pro-

vision -

(a) for the imposition of restrictions t hat are reasonably

required in the interests of defence. public safety, public

order, public morality or decency, or public health and e:<cept

so far as that provision or, as the case may be, t he thing done

under t he authority thereof is shown not to be reasonably

justifiable in a democratic society;

(b) for the im!?,!sit ion of restrictions on the freedom of

movement of any CItizen of Malta who is not a citizen by

virtue of section 23(1) or 26(1) of this Constitution;

(c) for the imposition of restrictions llpon the movement

or residence within Malta of public officers; or

(d) for the imposition of restrictions on the right of any

person to leave Malta that are reasonably required in order to

secure the fulfilment of any obligation imposed on that person

by law and except so far as that provisio n or, as the case may be,

the thing done under the authority thereof is shown not to be

reasonably justifiable in a democratic society.

(4) For the purposes of this section any person-

(a ) who has emigrated from Malta (whether before, on or

after the appointed day) and. having been a citizen of Malta by

virtue of section 23(1) or 26(1) of this Constitution, has ceased

to be such a citizen; or

(b) who emigrated from Malta before the appointed day

and, but for his havi ng ceased to be a citizen of the United

Kingdom and Colonies before that day, would have become a

citizen of Malta by virtue of section 23{l) of this Constitution;

(c) who is the wife of a person mentioned in paragraph (a)

or (b) of this subsection or of a person who is a citizen of Malta

by virtue of section 23(1) or 26(1) of this Constitution and

is living with that person or is the child under twenty-one years

of age of such a person;

shall be deemed to be a citizen of Malta by virtue of section 23(1) or

26(1) of this Constitution.

(5) If any person whose freedom of movement has been

restricted by virtue of such a provision as is referred to in sub-

section (3)(a) of this section so requests at any time during the

period of that restriction not earlier than six months after the

order was made or six months after he last made such request, as

the case may be, his case shall be reviewed by an independent and

impartial tribunal established by law composed of a person or per-

sons each of whom holds or has held judicial office or is qualified

to be appointed to such office in Malta

Provided that a person whose freedom of movement has

been restricted by virtue of a restriction which is applicable to

persons generally or to general classes of persons shall not make a

request under this subsection un less he has first obtained the con-

sent of the Civil Court, First Hall.

(6) On any review by a tribunal in pursuance of t his

section of the case of a person whose freedom of movement has

been restricted the tribunal may make recommendations concern-

ing the necessity or expediency of continuing the restriction to the

authority by which it was ordered but, unless it is otherwise pro-

vided by law, that authority shalt not be obliged to act in accordance

with any such recommendations.

Protection from discrimination on the grounds of race, etc,

46.----(1) Subject to the provisions of subsections (4), (5) and (7)

of this section, no law shall make any provision that is discrimi-

natory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8)

of this section, no person shall be treated in a discriminatory manner

by any person acting by virtue of any written law or in the perform-

ance of the functions of any public office or any public authority.

(3) In this section, the expression "discriminatory" means

affording different treatment to d ifferent persons attributable

wholly or mainly to their respective descriptions by race, place of

origin, political opinions, colour or creed whereby persons of one

such description are subjected to disabilities or restrictions to which

persons of another such description are not made subject or are

accorded privileges or advantages which are not accorded to persons

of another such description.

(4) Subsection (1) of this section shall not apply to any

law so far as that law makes provision -

for the appro pria tio n of public revenues or other public

(a )

funds; or

(b ) with respect t o persons wh o are not cit izens of Malta;

.,

with respect to adoption, marriage. dissol ution of mar·

(cl

rage, buri al. devolutio n of property on dea th or any matters of

personal la w not he rei nbefore specified; or

(d) whereby perso ns of any such descripti on as is men-

tioned in subsection (3) of this section may be subjected to any

disability or restriction or may be accorded any privilege or

advantage which, hav ing regard to its nature and to special

circumstances pertaining t o those persons or to persons of any

other such description and to any ot her provision of this Con-

stit ution, is reasonably justifiable in a democrat ic society; or

(e) for authorising the taking during a period of public

emerge ncy of measures that are reasonab ly justifiable for the

purpo:;e of dealing witll the situation t lla t exists d ur ing that

penod of public emerge ncy.

(5) Nothing co nta ined in any law shall be held to be in·

consistent with or in con traven tion of su bsection (I) of this section

to the extent that it makes provisio n with respect to qualifications

for service as a pu blic officer or as a member of a diSCIpli ned force

or for the service of a local government authority or a body corpo-

rate established for public purposes by any la w.

(6) Subsection (2) of this section shall not apply to any·

thing wh ic h is expressly or by necessary implication auth orised to

be done by any such provision of law as is referred 10 in subsect ion

(4) or (5) of this secti on.

(7) No thing conta ined in or done und er th e aUlhority of

any law shall be he ld to be inconsistent wi th or in contravention of

th is section to the extent that the law in qu estion makes provision

whereby persons of any such description as is men tioned in sub-

secti on (3) of th is sectio n may be subj ected to any res triction o n the

r igh ts and freedoms guara nteed by sections 39, 41, 42, 43 and 45 of

th is Constitution, being such a restr iction as is auth orised by sec·

tion 39(2), 41(2), 42(2), 43(2) or 45(3).

(8) No th ing in subsect io n (2) of this section shall affect

any discretion rel ating to the inst itu tion, conduct o r discon t in uance

of civil or cr imi nal proceedings in any court that is vested in any

person by or under th is Constit ution or any other law.

(9) Noth\\ithstanding any other provision of this Consti·

tution, no person not professing the R oman Catholic Apostolic

Religion shall hold any office entailing the teaching of that religion.

Enforcement of protective provisions

47.-{1) Subject to the provisions of subsections (6) and (7)

of this section, any person who alleges that any of the provisions of

sections 34 to 46 (i nclusive) of this Const itution has been, is being

or is likely to be co ntravened in relation to him, or such other

person as the Civil Court. First Hall. in Malta !!lay appoi ~ 1 ~t the

instance of any person who so alleges, may, WIthout prejudice 10

any other action with respect 10 th e same matter that is lawfully

available, apply t o t he Civil Co urt. First Hali, for redress.

(2) The Civil Court, First Hall, shall have original juris-

diction to hear and determine any applicat ion made by any person

in pursuance of subsection 0) of this section, and may make such

orders, issue such writs and give such directions as it may consider

appropriate for the purpose of enforcing, or securi ng the enforce-

ment of, any of the rrovisions of the said sections 34 to 46 (inclusive)

to the protection 0 which the person concerned is entitled

Provided that the Court may, if it considers it desirable so

to do, decline to exercise its powers under this subsection in any

case where it is satisfied t hat adequate means oC redress for the

contravention alleged are or have been available to the person con-

cerned under any other law.

() If in any proceedings in any court other than the

Civil Court, First Hall. or the Constitutional Court any question

arises as to the contravention of any of the provisions of the said

sa:tions 34 to 46 (inclusive). that court shall refer the ques tion to

the Civil Court. F irst Hall. unless in its opinion the raising of the

question is merely fri volous or vexatious; and that court shall give

its decision on any question referred to it un der this subsection

and, subject to the provisions of subsection (4) of this section, and

of section 103(2) of this Constitution. the court in which the

question arose shall dispose of the qu estion in accordance with th at

decision.

(4) Any party to proceedings brought in the Civil Court,

First Hall, in pursuance of this section shall have a right of appeal

to the Constitutional Court.

(5) No appea l shall lie from any determina tion under this

section that any application or the raising of any question is merely

frivolous or vexatious.

(6) Provision may be made by o r under an Act of

Parliament for conferring upon the Civil Court, First H all, such

powers in ad dition to those conferred by th is section as are :-Ieees·

sary or desirable for the purpose of enabling the Court more coffee-

tively to exercise the jurisdi ction conferred upon it by this section.

(7) Rules of court making provision with respect (0 the

practice and procedure of the Courts of Malta for the purposes of

t his section may be made by the person or authority for the time

being having power to make rules of court with respect to the

practice and procedure of those Courts, and shall be designed to

secure that the procedure shat! be by application and that th e hear·

ing shall be as expeditious as possible.

Interpretation of Chapter IV

48.-(1) In this Chapter. save where the context otherwise

requires. the following expressions shall have the following mean·

ings respectively. that is to say -

"contravention". in relation to any requ irement, includes

a failure to comply with that requi rement. and cognate expres-

sions shall be constru ed accordingly;

"court" means any court of law in Malta other than a

court constituted by or under a disciplinary law and in sections

34 and 36 of this Consti tutio n includes. in relation to an offence

against a discipli nary law. a court so constituted ;

"disciplinary law" means a la w reg ulating the disci pline -

(a) of any discipli ned force; or

(b ) of persons servi ng prison sentences;

"d isciplined force" means -

(a) a na val, military or air force of the Crown in right of

the Government of Malta;

(b) the Malta Police Force;

(c) any other police force established by la w in Malta;

(d) t he Malta prison service;

"mem ber", in relation to a disciplined force, includes any

person who, under the law regulating the d isci pline of that

force, is subject to t ha t discipli ne.

(2)

In this Chapter "period of public emergency" mea ns

any period during which -

Malta is engaged in any war; or

(a)

(bl there is in force a proclamation by the Governor

General declaring that a Slate of public emergency exists; or

(c) there is in force a resolution of the House of Repre-

sentatives supported by the votes of not less t han two·thirds

of all the Members of the House declaring that democratic in·

stitutions in Malta are threatened by subvef5ioD.

(3) (a) Where an y proclamation of emergency has been

made, the occasion therefor shall forthw ith be communicated to the

House of Representatives and, if the House is then separated by

such adjournment or prorogation as will not expire withi n ten days

the Governor General shall by proclamation summon it to meet

withi n five days and it shall accordi ngly meet and sit upon the day

appointed by the proclamation and shall continue to sit and act as

if It had stood adjourned or prorogued t o that day.

(b) A proclamation of emergency shall, unless it is sooner

revoked by the Governor General, cease to be in force at the expira·

tion of a period of fourteen days beginn ing on the date on wh ich it

was made or such longer period as may be provided under the oext

following paragraph, but without prejudice t o the making of another

proclamation of emergency at or before the end of that period.

(c) If at any ti me while a proclamation of emergency is in

force (including any time while it is in force br virtue of this para·

graph) a resolution is passed by the House 0 Representatives ap-

proving its continuance in force for a furth er period, not exceeding

t hree months, beginning on the date on which it would otherw ise

expire, the proclamation shall, if not sooner revoked, continue in

force for that fu rther period.

(4) A resolution such as is referred to in paragraph (c ) of

subsection (2) of this section shall, unless it is soone r revoked by the

House of Representat ives, cease to be in force at the expiration of

twel ve months beginning on t he date o n which it was passed or such

shorter period as may be specified therein, but without prej udice t o

the passmg of another resol ution by the House of Representatives in

the manner prescribed by that paragraph at or before the end of that

period.

In relation to any person who is a member of a disci·

(S)

plined force raised under any law in force in M31ta. nothing contained

in or done under the authority of the disciplinary law of that force

shall be held to be inconsistent with or in contravention of any of

the provisions of th is Chapter other than sections 34, 36 and 37.

(6) In relation to any person who is a member of a disci-

plined force raised otherwise than as aforesaid and lawfully presen t

in Malta, nothing contained in or done under the authority of the

disciplinary law of that force shall be held to be inconsistent with or

in contravention of any of the provisions of this Chapler.

(7) Nothing contained in any such law as is specified In

tbe First Schedule to t his Constitution and, until the expiration of

a period of three years commencing with the appointed day, nothing

contained in any other law made before the appointed day shall be

held to be inconsistent with the provisions of sections 34 to 46 (in·

elusive) of this Chapter an d. subject as aforesaid. nothing done under

the autho rity of any such law shaH be held to be done in contraven·

tion of those sections.

(8) Where any provision of law enacted before the appoint.

ed day is held to be inconsistent with any of the provisio ns of sec·

tions 34 to 46 (incl usive) of this Chapter. no person sha lt be entitled

to compensation in respect of anything done under the auth ority

of that provision before it was so held 10 be inconsistent.

(9) Nothing in section 38 of this Constitut ion shall affect

the operation of any law in force immediately before lrd March

\962 or any law made on or after that date that amends or replaces

any law in force immediately before that date (or such a la w as from

t ime to time amended or replaced in the manner described in this

subsection) and that does not -

(a) add to the ki nds of property that may be take n posses-

sion of or the rights over and interests in property that may be

acqu ired;

(b ) add to the purposes for which or circumstances in

which such property may be taken possession of or acquired;

make the conditions governing entitlement to compen-

(c)

sation or the amount thereof less favourable to any person own·

ing or inte rested in the property; or

deprive any person of any right such as is mentioned

(d)

in paragraph (b) or paragraph (c ) of se<:t io n 38(1 ) of this Consti·

tution.

he has the qual ifications for regist ra tion as a voter for the election of

members of the House of Represen tatives mentioned in section 58 of

thi~ Constitution.

Disqlla/i/icolions for membership of HO/He of Representatives

55.- (1 ) No perso n shall be qUlllilied to be elected as a member

of the House of Representatives -

(a) il he is il citizen 01 a country other than Malta ha vjn~

become such a citizen voluntarily or is under a declara tion 01

allegiance to such a country;

(b) save as otherw ise provided by Parl iament, if he holds

or is acting in any public office or is a member of the armed

forces of the Crown;

(c) if he is a party to, or is a partner with unlimited liability

in a partnership or a director or manager of a company which is

a party to, any contract wl:h the Government of Malta for or on

accooot of the I'UbhC setV\ce and has not. v"thin one month be

fore the date 0 elect ion, published in the Gazette a notice set-

ting out the n~tu re of any such contract, and hIS interest, or the

interest 01 any such partnership or company, therein;

(d) if he is an und ischarged bankrupt, having been ad·

judged or otherwise declared bankrupt und er any law in force in

Malta;

(e) if he is interdicted or incapacitated for any mental in-

firmi ty or fo r prodigality by a court in Malta, or is otherwise de·

tcrnlined in Malta to be of unsound mind;

If) if he is under sentence of death im posed on him by any

cour t in Malta or is scrv;ng a sentence of imprisonment (by what-

ever name called), exceeding twelve mon ths imposed on him by

such a court or substituted by competent authority for some

ot her sentence imposed on him by sue h a court, or is under such

a sentence of imprisonment the execution of which has been

suspended

(gl if he holds or is acting in an y oHice the functions of

whic h involve allY responsibility for, or in connection with, the

conduct of any election of members of the House of Representa·

tives or the compilat ion or revision of any electoral regis ter;

(h) if he is d isq ualified for membership of the House of Re-

presentatives by or under any law for the time being in force in

Malta by reason of his having been convicted of any offence con-

nected w.th t he election of members of the House of Representa-

tives.

(2) For the purposes of paragraph m of subsection (I) of

this section -

(Q) two or more sentences that are required to be served

consecuti vely shall be regarded as separate sentences if none of

them exceeds twelve months. but if any one of the m e)[cceds t hat

term they ~ha l1 be regarded as one sentence; and

(b) no account shall be taken of a sentence of imprison-

ment imposed as an alternative to, or in default of, the payment

of a fine.

(3) A perso n shall not be treated as holding, or acti ng in, a

public office for the purpose of paragraph (h) of subsection (I) of th is

section -

(a ) if he is on leave of absence pe ndi ng relinquishment of a

public office;

(b) if he is a teacher at tbe Royal University of Malta who

is not by the tenns of his em ployment prevented from the private

practice of his profession or called upon to place his whole time

at the disposal of the Government of Malta.

Temlre of office of members

56.- (1) The seal of a member of Parliament shall become

vaca nt -

upon th e nex t dissolution of Parlia men t after his

(a)

election;

(b) if he resigns his seat by writing un der his hand ad·

dressed to the Speaker or, if the office of Speaker is vacant or the

Speaker is absent from Malta. to the Dep uty Speaker;

(e) ifhe becomes a party to any contract \\ith the Govern-

ment of Malta for or on accOlmt of the public service, or if any

partnership in which he is a partner with unlimited liability or a

company of which he is a director or manager becomes a party

to any such contract, . or ifhe becomes a partner \\ith unlimited

liability m a partnership or a director or manager of a company

that is a party to any such contract

Provided that he shall no t vacate his seat under the provi-

sions of t his paragraph if before becoming a party to the con-

tract or before. or as soon as practicable after. becoming other-

wise interested in the contract (whether as a partner with unli-

mited liability in a partnership or as a d irector or manager of a

company) he discloses to the Speaker the nature of the contract

and his in.erest or the imerest of the partnersh ip or company

there:n and the House of Representatives by resolution exempts

him from thc provisions of this parayaph ;

(d) if he is absent from the sittings of the House of Repre-

sentatives for such period and in such circumstances as may be

prescri bed by the Standing Orders of the House;

if he ceases to be a ci tizen of Malta;

(e)

({) if he ceases to be q ua lifi ed for registration as a voter for

the election of members of the House of Representatives;

(g) subject to the provisions of s ubsection (2) of Ihis sec-

tion. If any circumsta nces arise th at if he were not a member of

the House of Representatives, would cause him to be disqualified

for electio n thereto.

(2) (Q) If circumstances such as are referred to in para-

graph (g) of subsect(o n (I) of t his section arise because a ny member

of the House of Representatives is under sentence of death or impri-

sonment. interdicted or incapacitated or adjudged to be of unsound

mind. ad judged or otherwise declared bankrup t or convicted of an

offence connected wit h elections and if it is open to the membe r to

appeal aga ins t the decis ion (either with the leave of a COUTI or oth er

autho rity or without such leave), be shall forthwith cease 10 perform

his funct ions as a member of the House but, subject to the provisions

of this section, he shall no t vaca te his seat un t il the expiration of a

period of th irty days thereafter

Provided that the Speaker may. from time to time, extend

that period for further periods of thi rty days to enable th e member to

pursue an appeal agai nst the decision, so however th at extensions

of time exceeding in th e aggrega te one hundred and fifty days shall

not be given without the approv al, signified by resolution, of t he

House.

(b) If. on the determina ti on of any appeal. such cir-

cumstances continue t o exist and no further appeal is open to the

membe r, or if, by reason of the expirat io n of any period for en-

t ering an appeal or notice th ereof or the refusal of lene to appea l

or for any ot her reason. it ceases to be open to the member to

appeal. he shall forthwith vacate his seat.

(c) If at any t ime before t he membe r vacates his seat

such circumstances as aforesaid cease t o exist, his seat shall not

become vacant on the expiration of the period referr ed t o in para·

graph (a) of this subsection and he may resume t he perfo rm ance

of his functions as a member of the House of Representatives.

(d ) For the purposes of this subsection "appeal"

means, in the case of an order by a court of voluntary jurisdiction

for th e interdict ion or incapacitation of a member of t he House of

Representatives, t he taking of any ac tion for t he review of that

order bdofe th e Civil Court, First Hall.

Voting at Elections

57. (1 ) The members of the House of Representatives shall

be elected upon the princi ple of proportional rep resenta tion by

means of t he single transferable vote fro m ten electoral divisions.

(2) No person shall vote at the election of members of

the House of Representatives for any electoral di vision who is not

registered und er any law for the lime being in force in Malta as a

voter in that division.

At t he election of membe rs of t he HOl:se of Repre-

(3)

sentatives -

(a) voting shall be by ballot and shaH be carried out in

such a manner as not to disclose the way in which the vote of

any particular voter is given ; and

no person shall be permitted to vote on behalf of

(b)

another

Provided that proviSion may be made by la w whereby. if

a person is unable, by reason of blindn ess, other physical cause

or illiteracy to mark his ballot paper. his ballot paper may be

marked on his behalf a nd on his direct ions by some other person

officially supervising the poll at the place of voting.

(4) Ballot papers shall be dra\\ll up in such a way as to

enable illiterates to distinguish between th e political parties to which

candidates belong.

(5) Candidates and their agents shall be give n facilitie<i

to watch the transportation of ballot boxes and the sealing and

unseating thereof.

Qllalificatioll of voters

SS. Sub ject to the provIsions of section 59 of this Consti tu·

t io n, a person shall be qualified to be reg is tered as a voter for tht

elect io n of members of t he House of Representatives if. and shall

not be qu alifi ed t o be so registered un less -

(a ) he is a citize n of Malta;

(b) he has attained the age of I\.venty-one years; and

(c) he is resident in Malta and has during the two years

immediately pr«eding his registration been so residen t for a

continuous period of one yea r or for periods amounting in

the aggregate to one year.

Disqualification of voters

59. No person shall be qual ified to be registered as a voter

for the electio n of membe rs of the House of Representatives if -

(a ) he is interdi cted or incapacitated for any mental in·

firm ity by a court in Malta or is otherwise dete rm ined tn

Malta t o be of unsound mind

(b) he is und er sente nce of death imposed on him by

any court in Malta or is ser ving a sentence of impriso nment (by

whatever name called) e)(ceeding twelve months imposed on him

by such a court or SU bstituted by competent auth ority for some

other sentence imposed on him by such a court, or is under such

a sentence of imprisonment the e)(ecution of wh ich has been

suspended; or

(c ) he is disqualified for regis tratio n as a vo ter by or

und er any law for the time bei ng in force in Malta by reason

of his havi ng been convic ted of an y offence connected with

the election of members of the House of Representatives.

Speaker and Deputy Speaker

60.- (1) W he n the House of Representatives firs t meets after

any gene ra l elec tio n and befo re it proceeds to the despatch of any

oth er business, it shall elect a person to be the Speaker of the

House: an d if t he office of Speaker falls vacan t at any time before

th e next d issolut io n of Parlia ment, the House shall, as soon as

practicab]e, elec t anot her person to th at office,

(2) The Speaker may be elected either -

(a) from among persons who are members of the House

of Representa t ives. but are not Minist ers or Pa rliamentary

Secretaries, or

(b ) from amo ng perso ns who are not members of the

House of Represen tatives and are qua lifi ed for elect ion as

members thereof.

When the House of Representa tives firsl meets alter

(3)

any general elect ion and before it proceeds to the despatch of

any other business except the election of the Speaker, t he House

shall elect a member of the House, who is not a Minister or a

Parliamentary Secretary. to be Deputy Speaker of the House; and

if t he office of Deputy Speaker falls vacant at any t ime before the

next dissolu tion of Parliament, the House shall, as soon as COIl-

venient, elect another such member to that office.

(4) A person shall va ca te the office of Speaker Of Depu ty

Speaker -

(a) in the case of a Speaker elected Irom among the mem-

bers of t he House of Represent atives or in the case of the

Deputy Speaker -

(i) if he ceases to be a member of the House

Provided that the Speaker shall not vacatt! his office

by reason only that he has ceased to be a member of the

House on a dissolut io n of Parliament, until the House first

meets aft er that dissolution;

(ii) if he is appointed to be a Minister or a Parlia·

men tary Secretary;

(b) in the case of a Speaker elected from among persons

who aTe not members of the House of R cpr~entativcs -

(i) when the House first meets after any dissolution

of Parl iament;

(ii ) if any circumstances arise that would cause him

to be di:>qualified for election as a member of the House

of Representatives;

(c) if he announces his resignation of his office to the

H ouse of Representatives or if by writing under his hand ad-

dressed, in the case of the Speaker to the Clerk of the House

and in the case of the Deputy Speaker to the Speaker (or. if

t he office of Speaker is vacant or the Speaker is absent from

Malta, to the Clerk of the House) he resigns that office; or

(d) in the case of th e Deputy Speaker, if he is elected

to be Speaker,

(5) (a) If, by virtue of subsection (2) of section 56 of this

Constitutio n, the Speaker or Deputy Speaker is required to cease

to perform his functions as a member of the House of Representa-

t ives he shall also cease to perform his functions as Speaker or

Deputy Speaker, as the case may be, and those functions shall

until he vacates his se~t in the House or resum es the performance

of the functions of his office, be performed -

(i) in the case of the Speaker, by the Deputy Speaker or,

if the office of Deputy Speaker is vacant or the Depu ty Speaker

is req uired to cease to perform his fu nct ions as a member of

the H ouse of Representatives by virtue of subsection (2) of

section 56 of t his Constitution, by such member of the House

(no t being a Minister or Parliamentary Secretary) as the House

may elect for the purpose;

(ii) in the case of the Deputy Speaker. by such member

of t he House (not being a Minister or Parliamenta ry Secretary)

as th e House may elect for the purpose.

If the Speaker or Deputy Speaker resumes the per-

(b)

fo rmance of his functions as a member of the House. in accor-

dance with the provisions of subsection (2) of section 56 of this

Constit ution. he shall also resume the performance of his functions

of Speaker or Deputy Speaker, as the case may be.

Establishment of Electoral Commission

61 .- (1) There shall be an Electoral Commission for Malta.

(2) The Electoral Commission shall consist of a Chairman.

who shall be the person for the time being holding the office of

Chief Electoral Commissioner and who shall be appointed to that

office from the publiC service, and such number of members

not being less than fo ur as may be prescribed by any law for

the time being in force in Malta.

(3) The members of the Electoral Commission shall be

appointed by the Governor-Genera\.. acting in accordance wit h the

advice of the Prime Minister, given after he has consulted the Leader

of the Opposition.

(4) A person shall not be qualified to hold office as a

member of the Elecloral Commission if he is a Mi nister, a Par-

liamentary Secretary, a member of, or a candidate for election to.

the House of Representatives or a public officer.

(5) Subject to the provisions of th i5 section, a member

of the Electoral Commission shall vacate his office -

(a) at the expiration of three years from the date of his

appointment or at such earlier time as may be specified in the

instrument by which he was appointed; or

(b) if any circumstances arise that. if he we re nol a

member of t he Commission, would cause hi m to be disquali-

fied f{)f appointment as such.

(6) Subject to the provisions of subsection (7) of this

section, a membe r of the Electoral Commission may be removed

from office by the Governor-General ac ting in accordance with

the advice of t he Prime Minister.

(7) A member of the Electoral Commi5sion shall not be

removed from office except fo r inability to discharge the functions

of his office (whether arisi ng from infirmity of mind or body or

any other cause) or fo r misbehaviour.

(8) If the office of a mem ber of the Electoral Commission

is vacant or if a member is for any reason unable to perform the

functions of his office, the Governor-General, acting in accordance

wi th the advice of the Prime Minister, given after he has consulted

the l eader of the Opposition, may appoint a person who is qualified

to be appointed to be a member to be a te mporary member of the

Commission ; and any person so appoi nted shall, subject to the pro-

visions of subsections (5), (6) and (7) of th is section, cease to be such

a member when a person has been appointed to fill the vacuncy or,

as the case may be, when the member who was unable to perform

the functions of his office resumes those functions.

(9) In the exercise of its functions under this Constitu tion

the Electoral Commission shull not be subject to the direction or

control of any other person or authority.

EiL-c/oraJ Divisions

The Elec toral Com misSion shall revie w the ooundriel.

" .- (1)

of the electoral di visio ns referred to in section S7(1) of this

Constitut ion at in tervals of not less than 11'00 nor more t han five

years and may, in accordance with the prO\'isions of this sect ion.

alte r such boundaries to such ('xtent a~ it considers desirable in the

ligh; of the review

Provided that the Commission shall Carry out such a review

and in accordance with the provisions of this section, alter the said

boundaries whenever Parliament has made provision altering the

number of electoral divisions or alterin~ the number of the members

of the House of Representatives in such a way that the nmnber is

Ilot divisible by the number of electoral divisions; and in addition

the Commission may at any time cany out such a review and, in

accordance \\ith the provisions

of this section, alter the said

botmdaries to such extent as it considers

destrable m consequence

of the holding of a census of the population in pursuance of any law.

(2) Any provision by Parliament altering the number of

electoral divisions or alterin,li: the number of the

members of the

House of Representatives in such a way that that number is not

divisible by the number of electoral divisions hall come into effect

when the alteration of the botmdaries of the electoral divisions that.

in accordance with the provisions of subsection (1) of this section, is

consequential thereon comes into effect.

(3) Any alteration ofbotmdaries tmder this section

shall·

come into effect upon the next dissolution of Parli ament after the

alteration has been approved by the House Representatives

Provided that nothin!\. in this subsection shaH be COMtrued

as preven ting the publication of any electoral register or any ol her

requirement COlllltttcd with the registration of voters from bein~

carried out in accordance with the alteration, under any law for

the time.being in force in Malta, before that dissolution.

(4) An alteration of the boundaries of any electoral d ivision

under this sec tion shall be made in such manner as secures thai,

at the time when the Commission ca rr ies out its revie w, the numher

ob ta ined by dividing th e total electorate in the division (as ascer-

tained by reference to the electoral register in force at that time)

by the number of members to be returned to the House of Repre.

sen tatives from that divislon is as nearly equal 10 the electoral quo ta

as is reasonably practicable

Provided thal any such alteration may be made in such

manner thal the number of voters in tha t div ision is, at th e time

when the Commission carries out its re vie w. greater or less th an

the electoral qu ota mul tiplied by the numbe r of members t o be so

returned, but in no case by more than fifteen per centum, in order

10 take accotmt of means of cOlumunication, differences in density

of population, parish botmdaries and other relevenl factors.

(5) For th e purposes of any review carried out unde r this

sect ion, "electoral q uota ' mea ns the number obtained by di\'iding

the total electorate of Mal ta (as ascerta ined from the electoral regis·

ter in force at the time wh en the Commission carries out that reviewl

by the total number of members to be re turned to the House of

Representatives at the general election following the next dissolu·

tion of Parliament.

(6) The conduct of elections in every electoral divi sion

and of any vOle take n under the provisions of s ection 67(3) of this

Constitutio n s hall be subject to the direct ion and supervision of

t he Electoral Commission.

Filling of IJ(lCcmcies

63. Whenever the seat of any member of the House of

Represe ntatives becomes vaca nt th e vaca ncy shall be filled in the

manner provided by or under any Jaw for the time being in force

in Malta.

Determinalion 0( questions as to membership

64. Any question whether -

(a ) any person has been validly elected as a member of

the House of Representatives;

(b) any member of th e House has vacated his seat therein

or is required, under the provisions of subsection (2 ) of section

56 of this Constitution, to cease to perform his functions as a

member; or

(c) any perso n has been validly elected as Speaker from

among persons wh o are not members of the House or, having

been so elccted, has vacated th e office of Speaker,

shaH be referred to and de termined by the Constitutional Court in

accorda nce with the provisions of any law for the time being in force

in Malta, and the detennination by the Constitutional Court of any

such question shall be final.

Clerk 10 House of Representatives and his staff

65.- (1) There shall be a Clerk to the House of Representatives.

(2) T he office of the Clerk to the House of Representatives

and the offices of the membe rs of his staff shaH be public offices.

PART 2

Pou!ers alld Procedure of Parliamelll

Power 10 make laws

" .- (1 ) Subject to the provisions of th is Constitut ion, Parlia·

ment may make laws for the peace, order and good government of

Malta.

(2) Without pre judice to the generality of subsect io n (I)

::md subject to the provisions of subsections (3), (4) and (S) of this

seClion, Pa rli ament may by law determi ne Ihe privileges, im mu nities

an d powers of the House of Representa tives llnd t he members

thereof.

(3 ) No civil or crimi nal proceedings may be instituled

against any member of the House of Representatives for words

spoken before, or writte n in a report to, the House or a comm ittee

thereof or by reason of any matter or thing brought by him there in

by petition, bill, resoiut;on, mo tion or oth erwise.

(4) For the duration of :!ny session members of the House

of Rl'prestntath'es shall enjor freedom from ar rest for any ch'i] de bt

except a debt the contractIon of which constitutes a criminal

offence.

(5) No process iss ued by any court in the exercise of its

civil jurisdiction shall be served or executed within the precinc ts

of the House of Represen tatives while t he House is sitting or through

the Speaker, the Clerk or a ny oflicer of the House.

Alteration of rh is Constitution

67. (1 ) Subject to the provisions of this section, Parliament

may alter any of the provisions of t his Constitution or (in so far as

it forms part of the law of Mlllu) any of t he provisions of the Malta

Inde pendence Act 1964.

(2) In so far as it alte rs -

(a) .s«tion 5. sections 3J to 48 (inclusive), sections 57,61.

62, subsection (3) of section 66, sections 92, % (other than sub-

section (2) thereoO, 97, 98, 99, 100, 101, 105 to 113 (inclusive),

116. 11 7, 121 or 122 of th is Constitution; or

.

(b) section 10) of th is Constitution at any time within five

years from t he appointed day; or

(c) sect ion 126 of th is Constit ut ion in its applica tion to

any of the provisions specified in paragraph. (0) or, subject to

the limitation the rei n contai ned, para graph (b) of this subsection,

a bill for an Act of Parliament unde r th is section shall no t be passed

in the House of R ep r ~sentat ives un less at the final voting the reon in

t hat House it is supported by tbe votes of not less than two-thirds

of all the members of the House.

()

In so far as it alte rs -

(a) th is section;

(b) sections 2: 3, 4. 49,52, 58, subsection (2) of section 76.

section 77, section 78, subsection (I) of section 79, section 8 1.

and subsectio n (2) of section 96 of this Constitution;

(c) section 126 of this Constitutio n in its application to any

of the provisio ns specified in paragraph (a) or (b ) of this sub-

section; or

(d) any of the provisions of the Malta Independence

Act 1964,

a bill for an Act of Parliament under th is section shall not be

presented to the Governor-General for his assent unless not less

than three nor more than six mo nths after its passage through the

House in the Illanner specified in subsectio n (2) of this section it has

been submitted to the electors qualifi ed to vote for the election of

mem bers of the House of Representatives and the majority of the

electors voting hilve approved the bill.

(4) T he provisions of section 57(3) of th is Constitution

shall apply to the voting on a bill s ubmitted to the electors under

subsection (J) of this section as t hey apply to voting at t he election

of members of the House of Represen tatives. and subject as afore-

said the vote on such a bill shall be taken in such mann er as Pa rl ia·

Illent may prescribe.

(5) In so far as it alters any of the provisions of this Con-

stitutio n oth er than th ose specified in subsections (2) and (3) of

th is section or, after five years from the appointed day, section 103 of

this Constitution. a bill for an Act of Parliament under this section

shall not be passed in the House of Representatives unless at the

final voting thereon in that House it is supported by the votes of a

majority of all the members of the House.

(6) An Act of Parliament altering the number of members

of the House of Representatives shall not affect the membership of

the House before the dissolution of Parliamentt next following its

enactment.

In this section -

(7)

references to any of the prOV1SIons of th is Constitu-

(a)

tion or of the Malta Independence Act 1964 include references

to any law that amends or replaces that provision; and

(b) references to the al teration of any of the provisions

of this Constitution or of the Malta Independence Act 1964 in-

clude references to the amendment, modification or re-enact-

ment, v.ith or without amendment or modification, of that pro-

vision, the suspension or repeal of that provision and the makinl!,

ofa different provision in lieu of that provision.

Regulation of procedure in House of Representatives

".- Il ) Subject to the provisions of this Constitution, the

House of Representatives may regulate its own procedure.

(2) The House of Represen tatives may act notwithstand-

ing any vacancy in its membership (including any vacancy not filled

when the H ouse first meets on or alter the appointed day or after

any dissolut ion of Parliament) and the presence or participat ion of

any person not entitled to be present at or to participate in the pro-

ceedings of the House shall not invalidate those proceedings.

(3) Any provision made in pursuance of subsect ion (I) of

this section for setting up Committees of the House to enquire into

matters of general public impOrtance shall be designed to secure

that, so far as appears practicable to the House. any such Committee

is so COinposed as fairly to represent the House.

Oath to be taken by members of House of Represe71tatives

69. No member of the House of Representatives shall be per-

mitted 10 take part in the proceedings of the House (other than pro-

ceedinRS necessary for the purposes of Ihis section) until he has t aken

and subscribed before the House the oath of allegiance

Provided that the election of the Speaker and Deputy

Speaker may lake place before the members of the House have

taken and su bscribed such oath.

Presiding in House of Representatives

70.-0) There shall preside at any sitting of the House of Re·

presentatives -

(a ) the Speaker; or

(b) in the absence of the Speaker, the Deputy Speaker; or

(c) in Ihe absence of the Spea ker and the Deputy Speaker.

such member of the House (not being a Minister or a Parlia·

mentary Secretary) as the House may elect for that purpose.

(2) References in thi5 5ection to circumstances in which

the Speaker or the Deputy Speaker is absent include references to

circumstances in wh ich the oHice of Speaker or Deputy Speaker is

vacant.

Quorum in House o( RepresentatIVes

7 1.- (1) If at any sitting of the House of Representatives any

member who is present draws the attention of t he person presiding

at the Sitting ('0 the absence of a quorum and, aft~r such interval as

may be prescribed in the Standing Orders of the House, the person

presiding at the sitting ascertains that a quorum of the House i:;

still no t present, the House shall be ad journed ,

(2) For the purposes of this section -

(a) a quoru m of the House of Representatives shall con-

sist of fifteen members; and

(b) the person presiding at the Sitting of the House shaH

not be included in reckoning whet her there is a quo rum present.

Voting

72.- (1 ) Save as otherwise provided in this Constitution, all

questions proposed for decision in the House of Representatives

shall be determi ned by a ma jority of the votes of the members there-

of present and vo ting.

(2) T he Speaker shall not vote unless on any ques tion the

votes arc equally divided. in which case he shall have and exercise

a casting vote.

(3) Any other perwn shall. when presiding in the House

of Representatives. retain h;s original vote as a member and, if

upon any question. the votes arc equally divided, shaH also have and

exercise a casting vote.

Mode 0( exercising legislative powers

13.- (1 ) T he power of Parliament to make laws shall be exer·

cised by bills passed by the House of Representatives and assented

10 by the Governor-General.

(2) When a bill is presented to the Governor-General, for

assent, he shaH without delay signify that he assents.

(3) A bill shall not become law unless it has been duly

passed and asse nted to in accordance with this Constitution.

(4) When a law has been assented to by the Governor-

General it shal1 wi thout delay be published in the Gazette and shal1

not come into operation until it has been so published. but Parlia·

men t may postpone the coming into operation of any such law and

may make laws with ret rospective effect.

Restriction with regard to ceftain financial measures

74. Except upon the recommendation of the Governor-General

signified by a Minister. the House of Representatives shall not -

proceed upon any bill (including any amend ment to

(a)

a bill) that, in the opinion of t he person presiding, makes pro-

vision for any of the following purposes, that is to say. for im-

posing or increasing any tax, for imposing or increasing any

charge a ll the revenues or other funds of Mal ta or [or al tering

any such charge otherwise tha n by reducing it, or for com-

pounding or rtmitling any debt due to Malta ;

(b) proceed upon any motion (including any amendment

t o a motion) the effect of which, in the opinion of the person

presidin~, would be to make provision for any of the purposes

aforesaid; or

(c ) receive any petition which, in the opinion of the per-

son presiding, requests that provision be made for any of the

purposes aforesaid.

Long/lagc of Laws

75. Save as otherwise provided by Parliamcnt, every law shall

be enacted in both the Maltese and English languages and, if there

is any conflict between the Maltese and the English texts of any law,

the Maltese text shall prevail.

PARr 3

SUm'IJoning, prorogation and dissolution

SessiO'/S of Parliament

76. (1) Each session of Parliament shall be held at such place

\\ithin Malta and shall conunence at such time as the Governor·

General may by proclamation appoint.

(2) There shall Ix- J. scssion of Parliament once at least

in every year. so that a period of twelve mon ths shall not intervene

between the last sitting of Parlia ment in one session and the tirst

si tting thereof in the next session.

(3) The House of Representatives shall meet not later

than two months after the pu blication of the official result of any

ge neral elect ion by the Electoral Commission on a day appointed by

the Governor·General.

Prorogation and dissolution 0/ Parliameut

77.- H) The Governor·General may at any time by procla.

ma tion prorogue or dissolve Parliament.

Subject to the provisions of subsection 0) of this

(2)

section, Parliament, unless sooner dissolved, shall continue for five

years from the date of its first sitting after any dissolution and shall

then stand dissolved.

(3) At any time when Malta is at war. Parliament may

from time to time e ... tend the period of five years specified in sub-

section (2) of this section for not more thall twelve months at a

time

Provided that the life of Parliament shall not be extended

under this subsection fOI' more thall live years.

(4) If between a dissolution of Parliament and the next

ensuing general election of members of the House of Representati ves

an emergency arises of such a nature that, in the opinion of the

Prime Minister it is necessary to recall Parliament, the Governor-

General- may by proclamation summOn the Parliament that has been

dissolved to meet, and that Parliament shall thereupon be deemed

(except for the purpo~e of section 78 and, in relation to the next

ensuing general election, sections 62(3) and 67(6) of this Constitu-

tion) not to have heen dissolved but shall be deemed (except as

aforesaid) to be dissolved on tbe date on which tbe polls are con-

cluded in the next ensuing general election.

(5) In the exercise of his powers under this section the

Governor-General shall act in accordance with the advice of the

Prime Minister;

Provided that-

(a) if the House of Representatives passes a resolution,

supported by the votes of a majority of all the members thereot,

that it has no confidence in the Government, and the Prim ~

Minister does not within three days either resign from his office

or advise a dissolution, the Governor-General may dissolve

Parliament;

(h) if the office of Prime Minister is vacant and the

Governor-General considers that there is no prospect of his

being able within a reasonable time to appoint to that office a

person who can comma nd the support of a majority of the mem-

bers of the House of Representatives, the Governor-General may

dissolve Parliament; and

(c) if the Prime Minister recommends a dissolution and

the Governor-General considers that the Government of Malta

can be carried on without a dissolution and that a dissol ution

would not be in the interests of Malta, the Governor-General·

may refuse to dissolve Parliament.

General elections

78. A general election of members of the House of Representa-

tives shall be held at such time within three months after every

dissolution of Parliament as the Governor-General, acting in accor-

dance with the advice of the Prime Minister, shall by proclamation

appoint.

CHAPTER V II

THE EXECUTIVE

Etecu.til"e authorllY of_~fa/la

79_ (1) The executive

authority of Malta is vested in Her

Majesty.

(2) Subject to the provisions of this Constitution, the

executive authority of Malta. may be exercised on behalf of Her

Majesty by the Governor-General either directly or through officers

subordinate to him.

(3) Nothing in this section shall prevent Parliament from

confening fimctions on persons or authorities other than the Gover-

nor-General.

The Cabinet

80.-(1) T here shall be a Cabinet for Malta which shall con-

sist of the Prime Minister and such num ber of other Ministers as

may be appointed in accordance with section 81 of this Constitution.

(2) The Cabinet shall have the general direc tion and

control of the Government of Malta and shall be collectively

responsible therefor to Parl iament.

Appointment of Ministers

81. Wherever th ere shall be occasion for the appointment of a

Prime Minister, the Governor-General shall appoint as Prime Minister

the member of the House of Representatives who, in his judgment,

is best able to command the support of iI majority of the members

of that House and shall, actmg in accordance with the advice of the

Prime Minister, appoint the other Ministers from among the members

of the House of Representatives

Provided that if occasion arises for making an appointme nt to

the office of Prime Minister or any other Minister while Parliament

is dissolved, a person who was a member of the House of Representa-

tives immediately before th e dissolu tion may be appointed as Prime

Minister or any other Minister as if, in each case, such person were

still a member of t he House of Representatives, but any person so

appointed shall vacate office at the beginning of the next session

of Parliament if he is not then a member thereof.

Tenure of office of Ministers

82.-(1) If the House of Representatives passes a resolution,

supported by the votes of a majority of all the members thereof.

that it has no confidence in the Government, the Governor-General

may remove the Prime Minister from office

Provided that th e Governor-General shall not do so unless

three davs have elapsed and he has decided not to dissolve Parlia-

me,Governor-GeneraI7 of this Constitution.

(2) The office of Prime M inis ter shall also become vacant-

(a) when. after any dissolution of Parliament, the Prime

Minister is informed by the Governor-General that the Governor-

General is about to re·appoint him as Prime Minister or to

appoint another person as Prime Minister;

(h) if he ceases to be a member of the House of Repre-

sentatives otherwise than by a dissolution of Parliament; or

(c) if, under the provisions of subsection (2) of section 56

of this Constitution, he is required to cease to perform his func-

tions as a member of the House of Representatives_

(3) The office of a Minister, other than the office of Prime

Minister, shall become vacant -

(a) upon the appolnlment or re-appointment of any person

to t he office of Prime Minister;

if his appointment to his office is revoked by the

(b)

Governor-General, acting in accordance wi th the advice of the

Prime Minister;

(c) if he ceases to be a member of the House of Represen-

tatives otherwise than by a dissol ution of Parliament; or

(cl) if, under t he provisions of subsection (2) of section 56

of this Constitution, he is required to cease to perform his func-

tions as a mem ber of the House of Representatives.

Allocation of portfolios to Mi'lislers

83.- {I) Subject to the provisions of this Constitu tio n, the

Govemor-General, acting in accordance with the advice of the Prime

Ministe r, may, by di rections in writing, assign to the Prime Minister

or any other Minister responsibility for any business of the Govern·

ment of Mal ta including the administration of any department of

government.

(2) Nothing in th is section shall empower the Governor-

General to confer on any Ministe r authority to exercise any power

or to discharge any duty that is conferred or imposed by this Con-

stitution or any other law on any person or authority other than that

Minister.

Acting Prime .i\finisler

84. (1) Whenever the Prime :Minister is unable, by reason of

his illness or absence from Malta, to perform the functions of his

office. the Governor-General may au thorise any other member of

the Cabinet to perform t hose functions (other than the functions

conferred by this section) and that member may perfonn those func-

tions un til his authority is revoked by the Governor-General.

(2) The powers of the Governor-General under th is sec-

tion shall be exerCIsed by him in accordance with the advice of the

Prime Minister

Provided that if the Governor-General considers that it is

impracticable to obtain the advice of the Prime Minister owing to

his absence or illness he may exercise those powers withou t that

advice.

Temporary M inisters

8S..-{\) Whenever a Minister other than the Prime Minister

is unable, by reason of his illness or absence from Malta, to perform

the fu nctions of his office. the Governor-General may appoin t another

member of the House of Representatives to be a temporary Minister

Provided that if occasion arises for maki ng an appointment

while Parliament is dissolved, a perso n who, immediately before the

dissolution, was a me mber of the House of Representatives may be

appointed as a temporary Minister as if he were still a member of

that House, but any person so appointed shall vacate office at thl'.

beginning of the next session of Parliamen t if he is not t hen a mem-

ber thereof.

(2) Subject to the provisions of section 82 of this Consti-

tution. a temoorary Minister shall hold office until he is notified by

the Governor-General that the Minister on account of whose inabili-

ty to perform the functions of his office he was appointed is again

able to perform those functions or until that Minister vacates his

office.

(3) The powers of the Governor-General under this section

shall be exerCised by him in accc>rdance with the advice of the Prime

Minister.

Exercise of functions of Governor-General

86.- (1) In the exercise of his functions the Governor-General

shall act in accordance with the advice of the Cabinet or a Minister

acting under the general authority of the Cabinet except in cases

where he is required by this Constitution or any other law to act in

accordance with the advice of any person or au thority other than

the Cabinet

Provided that the Governor-General shall act in accordance

with his own deliberate judgment in the performance of the follow-

ing functions -

(a) in the exercise of the powers relating t o the dissolu·

tion of Parliament conferred upon him by the proviso to sub-

section (5) of sect ion 77 of this Constitution;

(b) in the exercise of t he power to appoint the Prime

Minister or remove the Prime Minister from office conferred

upon him by section 81 and subsection (l) of section 82 of this

Constitution;

(c) in the exercise of the powers conferred upon him by

section 84 of this Constitution (which relates to the oerformance

of the functions of the Prime Minister during absence or iIhless)

in the circumstances described in the proviso to subsection (2)

of that section;

(d) in the exercise of the power to appoint the Leader of

the Opposition and to revoke any such appointment conferred

upon him by section 91 of this Constitution; and

(e) in signifying his approval for the furposes of subsec·

tion (4) of section 113 of this Constitution 0 an appointment to

an office on his personal staff.

(2) Where by th is Constitution the Governor-General is

required to act in accordance with the advice of any J'erson or

aut hority, the question whether he has in any case receive, or acted

in accordance with, such advice shaH not be enquired into in any

court.

The reference in subsection (I) of this section to the

(3)

functions of the Governor-General shall be construed as a reference

to his powers and duties in the exercise of the executive authority

of M!"lta and to any other powers and duties conferred or imposed

on him as Governor-General by or under this Constitution or any

other law.

Exercise of Pn'me Minister's functions

87.-(1) Where by this Constitution the Prime Minister is re-

quired to exercise any function on the recommendation of any person

or authority he shall exercise that function in accordance with such

recommendation

Provided that -

before he acts in accordance therewi th he may once

(a)

refer that recommendation back for reconsideration by the per-

son or authority concerned ; and

(b ) if that person or aut hority. baving reconsidered the

original recomme ndation under the preceding ·paragraph, sub-

stitutes therefor a different recommendation, the provisions of

this subsection shall apply to that different recommendation as

they apply to the original recommendation.

(2) Where by this Constitution the Prime Minister is

requ ired to perform any function after consultation with any per-

son or authority, he shall not be obliged to perform that function

in accordance with the advice of that person or authority.

(3) Where by this Constitution the Prime Minister is

required to perform any function in accordance with the recom-

mendation of, or after consultation with, any person or authority,

the question whe ther he has in any case received, or ac ted in ac-

cordance with such recommendation or whet her he has consulted

with such person or aut hority shall not be enquired into in any

court,

Governor-General f() be informed concerning matters of government

88. The Prime :Minister shall keep the Governor-General fully

informed concerning the general conduct of the government of

Malta and shaH furnish the Governor-General with such informa-

tion as he may requestst with respect to any particular matter re-

lating to the government of Malta.

Parliamentary Secretaries

89.- (1) The Governor- General~ acting in accordance with the

advice of the Prime Minister, may appoint Parliamentary Secre·

taries from among the members of the House of Representatives to

assist Ministers in the performance of their duties;

Provided t hat if occasion arises for making an appoi nt-

men t while Parliament is dissolved, a person who immediately

before the dissolution was a member of the House of Representa-

tives may be appointed as a Parliamentary Secretary as if he were

st ill a member of that House, but any person so appointed shall

vacate office at the beginning of the next session of Parliament if

he is no t t hen a member thereof.

(2) The provisions of subsection (3) of section 82 of this

Constitution shall apply to Parliamentary Secretaries as they apply

to Ministers.

Oaths f() be taken by the .il.finister

90. A :Minister or a Parliamentary Sectretary shall not enter

upon the duties of his office unless he has taken and subscribed the

oath of allegiance and such oath for the due execution of his office

as may be prescribed by any law for the time being in force in

Leader of the Opposition

91.-(1) There shall be a Leade r of the Opposition who shall

be appointed by the Governor-General.

Whenever there shalJ be occasion for the appoin t-

(2)

ment of a Leader of the Opposition. the Governor-General shan

appoint -

(a) if the re is onc opposition party whose numerical

strength in the House of Re presentatives is greater than the

strength of any other oppositIon party, the member of the

House of Representatives who is the Leader of that party; or

(b ) if, by reason of an equality in the numerical snengt h

of t he opposition parties in the HOllse or by reason that there

is no opposition party, no person is qualified for appoi ntment

under paragraph (a) of Ihis subsection, the member of the

House who, in the judgment of the Govemor-General, com-

mands the support of the la rgest single group of me mbers of

the House in OPIXIsition to the Government who are prepared

to supIXIrt one leader_

(J) The office of Leader of the Opposition shall become

vacant -

(a) if aft er any dissolution of Parliament, he is informed

by t he Govemor-General that the Govemor-General is about

to appoint anot her person as Leader of the Opposition;

(b) if he ceases to be a member of t he House of Repre-

sentatives otherwise than by a dissolution of Parliament;

(c) if, under the provisions o f subsection (2) of section

56 of this Constitution, he is req uired to cease to perform his

functions as a me.'1lber of the House of Represe nta tives; or

(d) if his apIXIintment is revoked under t he prov isions

of subsection (4) of this sect ion.

(4) If, in t he judgment of the Govemor-General, a memo

ber of the House of Representatives other than the Leader of the

Opposition, has become the Leader in the House of the opposition

party having the greatest numerical st rength in the House or, as the

case may be, the Leader of the Opposition has ceased to corn·

mand the support of the largest Single group of members in op posi-

tion to the Government, the Govemor-General shall revoke the ap-

pointment of the Leader of the Opposition.

(5) Subsection (4) of t his section sha11 not have effect

wh ile Parliament is dissolved.

crown Ach'ocate-General

92.- (1) There shali be 1I Crown Advocate-General whose

office sha11 be a public office and who shall be ap pointed by the

Govemor-General ac ting in accordance with the advice of the Prime

Minister.

(2) A person shall not be qualified to hold office as Crown

Advocate-General unless he is Qualified for appoi ntmen t as a judge

of the Superior Courts.

(3 ) In the exercise of his powers to institute, undertake

and discontinue criminal proceedings and of any other poowers con_

fe rred on him by any law in terms which authorise him to exercise

that power in his individual judgment the Crown Advocate-General

shall not be subject to the direction or control of any other person or

authority.

(4) Subject to the provisions of subsection (5) of this sec-

tion, the Cro\'ll Advocate-General shall vacate his office when he

attains the age of sixty years.

(5) Subsections (2) and (3) of section 98 of t his Constit u-

tion shall apply to the Cro\\ll Advocate-General.

Permanent Secretaries and heads 0/ government departments

93.-(1) Where any Minister has been charged with responsibi-

li ty for any department of government. he shall e:o.:ercise general

directio n and control over that depart me nt: and, .subject to such

direction and control, the de partment may be under the supervision

of a Pennanent Secretary

Provided th at two or more departments of government may

be placed under the superv ision of one Permanen t Secretary.

(2) The Prime Minister shall be responsible for assigni ng

departments of government to Permanent Secretaries.

(J) Power to appoin t public officers to hold or ac t in the

office of Pennanent Secretary and to remove from office per50ns

holding or acting in such office shall vest in the Governor-General_

acting in accordance with the advice of the Prime Minister given

after the Prime Minister has consulted with the Public Service Com-

mission.

(4) Heads of departme nts of government other than t hose

whose manner of appointment is specifically provided for in th is

Constitution shall be appoi nted from amongs t senior public officer<>

by the Prime Minister acting after consultation with the Public

Serv ice Commission.

Prerogative of mercy

94.- (1 ) The Governor-General may, ill Her Majesty's Ilame

and on Her Majesty's behalf-

(a ) grant to any person concerned in or convicted of any

offence a pardon, either free or subject to lawful conditions;

(b) grant to any person a res pite. either indefi nite or for

a specified period, of the executio n of any sentence passed on

that person for any offence;

(c) substitute a less severe form of punishmen t for any

punishment imposed on any person for any offence; or

(d) re mit the whole or part of any sentence passed on any

per50n for an offence or for any penalty or forfeiture otherwise

due to the State on account of any offence.

(2) (a) Where any person has been sentenced to death by

any court in Malta, the Governor-General shall cause a written report

of the case from the trial judge, or, in the case of a court-martial the

person presiding, and such other information der illed from the record

of the case or elsewhere as the Governor-General may require. to be

sent to the Minister responsible for justice.

(b) The said Minister shall send such written report and

information (if any) to the Cabinet. and the Cabinet shall

advise the Governor-General whethe r he should grant the offen-

der a pardon or respite in the exercise of the powers conferred on

him by th is section.

Secretary to the Cabinet

95,- (1) There shall be a Secretary to the Cab inet who shall be

a public officer designated in that behalf by the Prime Minister.

(2) The Secretary to the Cabinet shan be responsi ble. in

accorda nce ..... ith such instructions as may be Itiven to him by the

Prime Minister, lor arraniing the business for, and keepinlt the

minu tes of, the meet i n~s 0 the Cabinet and for conveyill1t the deci-

sions of the Cabinet to the appropriate person or au t hority. and shall

have such other functions as the Prime Minister may from ti me to

time direct.

C HAPTER VIlI

THE JUDICIAR Y

P ART I

Courts

Superior Courts

96. (1) There shall be in and for Malta such Superior Courts

having such powe rs and jurisdiction as may be provided by any law

for t he time being in force in Malta.

(2) One of the Superior Courts, composed of the Chief

Justice and four other judges of the Superior Courts. shall be kn own

as the Constit ut ional Court and shall have jur isdiction to hear and

dete rmi ne -

(a) such questions as are referred to in section 64 of this

Constitution;

(b) appeals from decisions of the Civil Court. First Hall.

under section 47 of this Constit ution;

(c) appeals from decisions of any court of original juris·

diction in Malta on questians as to t he inte rpreta tion of this

Constitution ot her than t hose which may fall under section 47

of th is Constitution: and

(d) appeals from decisions of any court of original juris-

diction in Malta o n questions as to the validity of laws o ther

t han those which may fall under section 47 of this Constitution

Provided tha t if any such question as is referred to in para·

graph (e) or (d) of this subsection arises for the fi rst time in proceed·

ings in a court of appellate jurisdiction, that court shall refer the

question to the court which gave the original decision. unless in its

opinion the I1l1smg of the question is merely frivolous or vexatious.

and that court shall give its decision on any such question and,

sub ject to any appe al in accordance with t he provisions of this sub-

section and of section 103(2) of this Constitution, the court in which

the question arose shall dispose of the question in accordance with

that decision.

The provisions of subsections (6) and (7 ) of section 47

(3)

of this Constitution shaH appl y to th e! Constitutional Court and for

that purpose references to th at section in the said subsections shall

be construed as references to this section .

(4) T he judges of the Superior Courts shall be a Chief

rustice and such number of other judges as may be prescribed by

any law for the t ime being in force in Malta

Provided that th e office of a judge of the Superior Courts

shall not, without his consent, be abolished during his continuance

in office.

(5) The Chief Just ice shall be the President of the Con-

stitutional Court, and there shall be a Vice-President of the Court,

who shall be appointed from among the other judges of the Superior

Courts in such manner as may be provided by law; and the! Vice!-

President shall among those judges take precedence next to the Chief

Justice.

(6) If the Chief Justice is precluded by law from perform-

ing the functions of P resident of tne Constitutional Court or is

otherwise tmable to perform those functions, those functions shall

be performed by the Vice-President.

(7) If the office of Vice-President is vacant or if the Vice-

President is for any reason unable to perform the functio ns of his

office, those functions shan be performed by sucn one of the other

judges of the Superior Courts as may be designated in tnat behalf in

such manner as may be provided by law.

Appointment of iudges

97.-(l) T he Judges of the Superior Courts shall be appointed

by the Governor-General acting in accordance with the advice of the

Prime Minis ter.

(2 ) A person shall not be qualified to be appointed a judge

of the Superior Courts unless for a period of, or periods amounting

in the aggregate to, not less than twelve years he has either practised

as an advocate in Malta or served as a magist rate in Malta, or has

partly so practised and partly so served,

Tenure of office of judges

" .- (1 ) Subject to the provisions of this section. a judge of the

Superior Courts shall vacat e his office when he attains the age of

sixty-five years,

(2) A judge of the Superior Courts shall not be removed

from his office except by the Governor-General upon an address by

the House of Representatives supported by the votes of not less than

two-thirds of all the members thereof and pray ing for such removal

on the ground of proved inability to perform the functions of his

office (whether arising from infirmity of body or mind or any ntner

cause) or proved misbehaviour.

(3) Parliament may by law regulate the procedure for the

presentation of an address and for the investigation and proof of t he

inability or misbehaviour of a judge of the Superior Courts under

the provisions of the last preceding subsection .

A ct ing Chief Justice and acting ;udge$

99.- (1) If the office of Chief Just ice is vacant or if the Chief

Justice is for any reason unable to perform the functions of his office,

then, until a person has been appointed to and has assumed the

functions of that office or until the Chief Justice has resumed those

functions , as the case may be, those functions shall (except to such

eJ{tent, if any, as other provisio n is made by law) be performed by

such one of the other judges of the Superior Courts as may be de-

signated in that behalf by the Govemor-General, acting in accor-

dance with the advice of the Prime Minister.

(2) If the offite of any judge of the Superior Courts (other

than t he Chief Justice) is vacan t or if any such judge is appointed to

act as Chief' ust ice or is for any reason unable to perform the func-

tions of his office, the Govemor-Gellera1, acting in accordance with

the advice of the Prime Minister, may appoint a person qualified for

appointment as a judge of the Superior Courts to act as a judge of

those Courts

P rovided that a person may be so appointed notwithstand-

ing that he has attained the age of sixty-five years.

(3) Any person appoin ted under subsection (2) of this

section to act as a judge of the Superior Courts shall continue so to

act for the period of his appointment or, if no such period is speci-

fied, until his appointment is revoked by the Govemor-General act-

ing in accordance with the adv ice of the Prime Minister.

Inferior Courts

100. There shall be in and for Malta such inferior courts having

such powers and jurisdiction as may be provided by any law for the

time being in force in Malta.

Magistrates

101.- (\\ Magistrates of the inferior courts shall be appointed

by the Govemor-General acting in accordance with the advice of the

Prime Minister,

(2) A person shall not be qualified to be appointed t o or to

act in the office of magistrate of the inferior courts unless he has

practised as an advocate in Malta for a period of, or periods amount-

ing in the aggregate to, not less than seven years.

(3) Subject 10 Ihe provisions of subsection (4) of this sec-

tion, a magistrate of the inferior courts shall vacate his office when

he attains the age of sixty years.

(4) T he provisions of subsections (2) and (3) of section 98

of this Constitution shall apply to magistrates of the inferio r courts.

Oaths to be taken by judges and magistrates

102. A judge of the Superior Courts or a magistrate of t he

inferior courts shall not enter upon the duties of his office unless he

has taken and subscribed the oath of allegiance and such oat h for the

due execution of his office as may be prescribed by any law for t he

time being in force in Malta.

PA RT

Appeals

Appeals to Her Majesty in Council

103. (1 ) An appeal shall lie from decisions of the Court of

Appeal to Her Majesty in Council as of right in the following cases -

(a) where the matter in dispute on the appeal to Her

Majesty in Council is of the value of five hundred pounds or up-

wards or where the appeal involves direc t ly orindirectly a claim

to or question respect ing property or a righ t of the value of five

hundred pounds or upwards, final decisions in any civil pro-

ceedings; and

(b ) such other cases as may be prescribed by Parliament.

(2) Subject to the provisions of section 64 of this Con·

stitu tion, an appeal shall lie from decisions of the Const itutional

Court to Her Majesty in Council as of right.

(3 ) An appeal shall lie from decisions of the Court of

Appeal to He r Majesty in Council with the leave of the Court of

Appeal in the foll owing cases -

(a) where in the opinion of the Court of Appeal the ques·

t ion involved in the appeal is one that, by reason of its great

general or public importance or otherwise, ought to be subm itted

to Her Majesty in Council, decisions in any civil proceedings;

"d

(b) such other cases as may be prescribed by Parliament,

(4) Nothing in this section shall affect any right of H er

Majesty to grant s pecial leave to appeal fr om dec isions of the

Court of Appeal or the Criminal Court to Her Maj esty in Council

in any civil, criminal or other matters.

Appeals from Superior Couns in criminal marrers

104. (1) As from such date as may be prescribed bv law. not

being later than three years aft er the appo inted day, there shall be

a righ t of appeal to a Superior Court against any judgement, other

th an a judgmen t of acquittal, of any Superior Court gI ven in its

original jurisdiction in any criminal matter.

(2) Any such right of appeal shall be exercisable in ac·

cordance with such procedure as may be prescribed by law.

CHA1"l'IlR IX

FIN ANCE

Consolidated Fund

10S.--( 1) All revenues and other moneys raised or received by

Malta (not being revenues or other moneys payable into some other

fund, being a fund established by or under any law for the time

being in force in Malta for a specific purpose) shall, unless Parlia-

ment ot herwise provides, be paid into and form onc Consolidaled

Fund.

(2) No moneys shall be withdrawn from the Consolidated

Fund except to meet expenditu re that is charged upon the Fund

by th is Constitution or any other law for the time being in force

in MaIta or where t he issue of those moneys has been authorised

by an Appropriation Act or under section 107 of this Constitution .

(3) No moneys shall be withdrawn from any public fund

other than the ConsoHdated Fund unless the issue of those moneys

has been authorised by or unde r any law for the time being in

force in Malta.

(4) No moneys shaH be withdrawn from the Consolidated

Fund or any other public fund except in the manner prescribed

by or under any la w.

(5) T he costs, charges and expenses incidental t o the

collection and management of the Consolidated Fund shaH be a

charge on tne Fund.

Authorisation 0{ expenditure from Consolidated Fund

106.---{B The Minister responsible for finance shall cause to be

prepared and laid before the House of Representatives before, or

not later than thirty days after, the commencement of each fina n,

cial year estimates of the revenues and expenditure of Malta for

that year.

(2) T he heads of expendit ure contained in the estimates

(o ther t han expenditure charged upon the Consolidated Fund by

this Constitut ion or any other law for the t ime being in force in

Malta) shan he included in a bill, to be known as an appropriatio n

bill, providing for t he issue from the Consolidated Fund of t he

sums necessary to meet that expenditure and the appro priation of

those sums for the purposes specified therein.

(3) If in respect of any financial year it is found -

(a) that the amount appropriated by the Appropriation

Act for any purpose is insufficient, or that a need has arisen

for expenditure for a purpose for which no amount has been

appropriated by that Ac t; or

(b ) that any moneys have been expended for any purpose

in excess of the amount (if any) appropriated l or the purpose

by that Act,

a supplementary estimate showing the sums required or spent shall

be laid before t he House of Representatives and the heads of any

such expenditure shall be included in a supplementary appropria·

tion bill.

Authorisation of expenditure befo re appropriation

107. Parliamen t may make provision under which. if the App ro-

priation Act in res pect of any fi nancial year has not come into

operation by the beginning of that fi nancial year. the Ministe r res·

ponsible for fi nance may authorise t he withdrawal of moneys from

the Consolidated Fund for the purpose of meeting such eltpenditure

as he may consider necessary to carry on the government of Malta

until the eXpiration of four months from t he beginning of that fi ·

nancial year or the coming into operation of the Act. whichever is

the earlier.

Contingencies Fund

108.- (1) Parliament may provide for th.e establishment of a

Contingencies Fund and fo r authorising t he Minister responsible for

finance, if he is satisfied tha t there has arisen an urgent and unfore·

seen need for eltpenditure for which no other provision exists, to

mak e advances from that Fund to meet that need.

(2) Where any ad vance is made in accordance with sub-

section (I) of this section a supplementary estimate shall be presem·

ed and a supplementary appropriation bill shall be introduced as

soon as practicable for the purpose of reptacing the amount so

advanced.

Public debt

11t9.--(1) The public debt of Malta shall be a charge upon the

Consolidated Fund and other public funds of Malta.

(2) In this section references to the public debt of Malta

include references to the interest on t hat debt, sinking fund pay·

ments and redemption moneys in respect of that debt and t he COSfl;,

charges and expenses incidental to the management of that debt.

Remuneration o/Governor·General and cenain other officers

11 0.- (1) There shall be paid to the holders of the orfices to

which this section applies such salaries as may be prescribed by I)r

under any law.

(2) The salaries and any allo wances payable to the holders

of the offices 10 which t his section applies shall be a charge on the

Consolidated Fund.

(3) T he salary payable to the holder of any office to which

this section applies and his terms of office, other tha n allowances.

shall not be altered to his disad va ntage after his appoi ntment, and .

.for the purposes of t his subsection, in so far as t he salary or the

terms of service of any person ~ epend upon the pption of that per·

son, the salary or terms for which he opts shall be deemed to be

more advantageous to him than any others for which he might have

opted.

(4) This section applies to the offices referred to ill sec·

tions 49,92, 96(4),101,111 and 112 of this Constitituion.

Director of A udit

11 1.--(1) There shall be a Director of Audit for Malta, whose

office shall be a pubtic office and who shaH be appointed by the

Governor-General acting in accordance with the advice of the Prime

Minister.

(2) Subject to th e provisions of subsection (4) of this sec-

tion, the Director of Audit shall vacate his office when he attains the

age of sixty years.

(3) Subsections (2 ) and (3) of section 98 of this Constitu·

tio n shall apply to the Director of Aud it.

(4) The accounts of all departments and offices of the

Government of Malta, includ inl: the office of the P ublic Service Corn.

mission, and the office of the Clerk to the House of Representatives,

and of all Superior and Inferior Courts in Mal ta shall be aud ited and

reported on annuallf by the Director of Aud it and· for that purpose

th e Director of AudIt or any person authorised by him in tha t behalf

shall have access to all books, rtcords, retur ns and other documents

rel aling to th ose accounts.

(5) The Director of Aud it s hall submit his reports made

under subsection (4) of this section to the Minister responsible for

finance, who shall cause them to be laid before the House of Repre-

sentatives within th irty days of the receipt th ereof by him, or, if the

House of Representat ives is not sittinR, within th irty days of the

commencement of the nex t sittinR of the House of Representatives.

(6) [f the Minister fai ls to [ay any reports before the

House of Representatives in accordance with subsection (5) of th is

section, the Director of Audit shall. forthwith on the expiration of

the period mentioned in the said subsection, transmit copies of such

reports to the Speaker of the House of Representatives (or, if the

office of Speaker is vacant or the SpeakH is for any reason unable

to perform the functions of his office, to the Deputy Speaker) who

shall, as soon as practicable. Jay them before the House of Represen-

tatives.

(7) In the exercise of his func tions under the provisions of

subsect ions (4) and (5) of this section the Director of Aud it shall not

be subject to th e direct ion or control of any other person or

au th ority.

(8) NothinR in this section shall prevent the performance

by the Director of A udit of -

(a) such other functions in relation to the accounts of the

Government of Malta and t he accounts of other public author i-

ties and other bodies adminis tering public funds in Malta as may

be prescribed by or under any law for the time beinJit in force in

Malta: or

(b) such other functions in relation to the supe rvision and

co ntrol of expenditure from public funds in Malta as may be so

prescribed.

OIAI'TER X

THE PUBLIC SERVICE

Public Service Commission

1I 2.-{ 1) T here shall be a Public Service Commission for

Malta which shall consist of a chairman, a deputy chairman and

from one to three other members.

(2) The members of the Public Service Commission shall

be appoiuted by the Governor-General, acting in accordance with

the advice of the Prime Minister given after he has oonsulted t he

Leader of the Opposition.

0) A person shall not be qualified to hold offici: as a

member of the Public Service Commission if he is a Minister, a

Parliamentary Secretary, a member of, or a candidate for election

to, the House of Representatives, a member of a local government

authority or if he is a public officer.

(4) A member of the P ublic Service Commission shall not,

within a period of three years commencing with .he day OD which

he last held office ail a member, be t:'Iigible for appointment to or to

act in any public office.

(5) Subject to the provisions of this secti on, the office of

a member of the Public Service Commission shall become vacant -

(a) at the expiration of five years from the da te of his

appointment or at such earlier time as may be specified in the

instrument by which he was appointed; or

(b) if any circumstances arise that, if he were not a mem-

ber of the Commission, would cause him to be d isqualified for

appointment as such_

(6) A member of the Public Service Commission may be

removed from office by the Governor-General, acting in accordance

with the advice of the Prime Min ister, but he may be removed only

for inability to discharge the functions of his office (whether arising

from infinnity of mind or body or any other cause) or for misbe-

haviour_

(7) If the office of a member of the Public Service Com-

mission is vacant or if a member is for any reason unable to perform

the functions of his office, the Governor-General, acting in accor-

dance with the advice of the Prime Minister, given after he has

consulted the Leader of the Opposition, may appoint a person who is

qualified to be appointed to be a member to be a temporary member

of the Commission; and any person SO appoi nted shall, subject to

the provisions of subsections (5) and (6) of this section, cease to be

such a member when a person has been appointed to fill the vacancy

or, as the case may be, when the member who was unable to perform

the functions of his office resumes those functions_

Appointment, elc. of public officers

113_-(t) Subject to the provisions of this Constitution, power

to make appointments to public offices and to remove and to exer·

cise disciplinary control over persons holding or acting in any such

offices shaH vest in the Prime Minister, acting on the recommenda·

tion of the Public Service Commission

Provided that the Prime Minister may, acting on the re·

commendation of the Public Service Commission, delegate in writ-

ing, subject to such conditions as may be specified in the instrument

of del egation, any of the powers referred to in this subsection to

such public officer or other authority as may be specified in that

instrument.

(2) A delegation of a power under this section -

(a) shall be

without prejudice to the exercise of that

power by the Prime Minister act ing on the recommendation of

the Public Service Commission; and

(b) may authorise the public officer or other authority

concerned to exercise that power either with or without refer-

ence to the Public Service Commission.

(3) (a) An appeal shall lie to the Prime Minister, acting

in accordance with the recommendation of the Public Service Com-

mission, from any decision of a public officer or authority to re-

move any person from a public office in exercise of power delegated

under subsection (l) of this section

Provided that such right of appeal shall be without prejudice

to any such other right of appeal as may be provided under section

123{l) of this a:mstitution in respect of t he exercise of any other

power delegated under subsection 0) of this section.

(b) A right of appeal under this section shall be exercised

in accordance with such provision relating to procedure as may be

prescribed by the Public Service Commission under section 123(1)

of this Constitution

Provided that any procedure so prescribed shall be the

same for all classes of public officers.

(c) Where an appeal is brought under paragraph (b) of

this subsection by any public officer he shall, upon the consideration

of the appeal by the Public Service Commission, have the right to

be heard by the Commission in person and to be assisted by a re-

presentative of any trade union to which he belongs.

(4) No person shall be appointed under this section to or

to act in any oftke on the personal stall of the Governor_General

except with the approval of the Governor-General.

(5) The provisions of this section shall not apply in rela-

tion to -

(Cl) the oftices referred to in sections 92, 93 (other than

subsection (4) thereof), 95, 96(4), 101, III 114 and 1\5 of this

Constitution; or

(b) appointment~ to al:t in any public office for two

months or less in so far as the recommendation of the Public

Service Commission is required for any such appointment; or

(c) appointments to t he offices referred to in section 93(4)

Prmcipd ,'cpreselltatives of Malta abroad

114.- (1) Power to appoint persons to hold or act in the offices

to which this section applies and to remove persons so appointed

from any such office shall vest in the Governor-General; acting in

accordance with the advice of the Prime Minister

Provided that in respect of any person selected for ap-

pointment from the public service the Prime Minister shall, before

giving his advice under the provisions of this section, consult with

the Public Service Commission and, on being remolled from the

office to which he has been appointed under the provisions of this

section, the person so appointed shall revert to the rank which he

held in the public service immediately before such appointment.

The offices to which th is section applies are the offices

(2)

of any Ambassador, High Commissioner or other principal repre-

sentative of Malta in any other country.

Appointment on transfer in respect 0/ certain ol/ices

115.-( 1) Power to make appointments on transfer to and

from the offices to which this section applies shall ves t in the Prime

Minister acting after consultation with the Public Service Com-

mission

Provi ded that the person appointed to any such office

under the provisions of thIs section shall, on being transferred

from that office, revert to the rank which he held in the public

service immediately before his appointment to that office.

(2) T he offices to which this section applies are -

(a) offices the holders of which are required to reside

outside Malta for the proper discharge of t hei r functions; and

(b) such offices in the Ministry responSible for the exter-

nal affairs of Malta as may, from time to time, be designa ted

by the Prime Minister.

Protection 0/ pension righls

116.- (1) Subject to the provisions of section 117 of this Con-

stitution, the law applicable to any benefits to which this section

applies shall, in relation to any person who has been granted,

or who is eligible for the gra nt of such benefits, be that in force

on t he relevant date or any later law t hat is not less favourab le

to t hat person.

(2) In this section ·'the relevant date" meaDS -

(a) in relation to any benefits granted before the apP',inted

day, the date on which those benefits were gra nted;

(b) in relation to any benefits granted or to be granted

on or after the appoi nted day to or in respec t of any person

who was a public officer before that date, the day before the ap-

pointed day; and

(c ) in relation to any benefits granted or to be granted

to or in respect of any person who becomes a public officer

on or after the appointed day, the da te on which he becomes

a pu blic officer,

(3) Whe re a person is entitled to exercise an option as

to which of two or more laws shaH apply in his case, the law

for which he opts shall, for the purposes of this section, he deemeli

to be more favourable to him than the ot her law or laws.

(4) Any benefit to which this section applies (not being

a benefit that is a charge upon some other public fund of Malta)

shall be a charge upon th~ Consolidated Fund.

(5) This section applies to any benefits payable under any

law providing for the grant of pensions. gratuities or compensation

to persons who are or have been public officers in respect of their

service in the public service or to the widows, children, depe ndants

or personal representatives of such persons in respec t of such

service.

(6) Refer ences t o the law applicable to any benefits t o

which this section applies include (without prejud ice to thei r ge-

nerality) refe rences to any law relating to the t ime at which and

the manner in wh ich any person may retire in order t o become

eligible fo r those benefits.

Gram Qlld withholding 0{ pensions, etc.

117.-(1) Where any be nefits to which this sect ion applies can

be wit hheld, reduced in amou nt or ~uspended by any person or

au thority unde r any law those benefits shall not be so withheld,

reduced in amoun t or suspended without tbe concurrence of the

Public Service Commission.

(2) The Public Service Commission shall not concur under

subsection (I) of th is section in act ion taken on the gro und t hat

any person who holds or has held any of the offices referred to

in sections 92, 96(4), IQI and I II of this Constit ut ion has been

guilty of misbehaviour unless he has been removed from office by

reason of such misbehaviour.

(J) This section applies t o an y benefi ts payable under

any law providing for the gran t of pensions, gratu ities or compensa-

tion to persons who are or have been publ iC officers in respect of

their service in the public service or to the widows, children,

dependants or personal representat ives of such persons in respect

of sucb sel"lice.

Protection of Pllblic Service CommIssion (rom legal proceedings

11 8. The ques tion whether -

(a) Ihe Pu blic Service Commission has validly performed

any function vested in it by or under this Constitution;

(b) any member of the Public Service Commission or any

public officer or oth?f authority has validly performed any

funct ion delega ted to such member, public officer or authority

in pursuance of the provisions of subsectio n (I ) of section 11)

of tbis Constitution; or

(c) any member of the Public Service Commission or any

public officer or other authority has validly performed any othe!'

function in relation to the work of the Commission or in relation

to any such fu nction as is referred to in the preceding paragraph,

shall not be enquired into in any court.

CHAPTER XI

MISCELLANEOUS

Actions on validity of laws

119. A right of action for a declaration that any law is invalid

on any grounds other than inconsistency with the proviSions of sec-

tions 34 to 46 of this Constitution shall appertai n to al! persons

without distinction and a person bringing such an action shall not

be required [0 show any peTSQnal interest in support of his action.

Pro hihition of certain associations

120.- (1 ) It shall be un lawful to establish, mai ntain or belong

to any associatio n of persons who art organised and trained Of or·

ganised and equipped for the purpose of enabling them to be em-

ployed for the use or display of physical force in promot ing any

political object.

(2) The provisions of th is section shall be enforced in

such manner as may be provided by Parliament.

Broadcasting Authority

121.- (1) There shall be a Broadcasting Au thority for Malta

which shall consist of a chairman and such number of other members

not being less than four as may be prescribed by any law for the

time being in force in Malta.

(2) T he members of the Broadcas ting Authority shall be

appointed by the Governor-General, acting in accordance with the

advice of the Prime Minister given after he has consulted the

Leader of the Opposition.

(3) A person shall not be qualified to hold office as a

member of the Broadcasting Author ity if he is a Minister, a Parlia·

mentary Secretary, a member of, or candidate for election to, the

House of Representatives, a membe r of a local government autho-

rity or if he is a pu blic officer.

(4) A member of the Broadcasti ng Au thority shall no t.

wi thin a period of three years commencing wi th the day on which

he last held office or acted as a member. be eligible for appoint.

ment to or to ac t in any public office.

(5) Subject to the provisions of this section, the office

of a member of the Broadcasting Authority shall become vata nt-

(a) at the expiration of five years from the date of his

appointment or at such earlier t ime as may be specified in the

instrument by which he was appointed; or

(b) if any circumstances arise that. if he were not a

membe r of the Authority, would cause him to be disqualified

for appoint men t as such.

(6) A me mber of the Broadcasting Authori ty may be

removed from office by the Governor-General. ac ting in accordance

with the advice of the Prime Minister, but he may be removed

only for inability to discharge the functions of his office (whether

arising from infirmity of mind or body or any other cause) or for

misbehaviour.

(7) If the office of a member of the Broadcasting Authority

is vaca nt or if a member is for any reason unable to perform the

functions of his office, the Governor-General, acting in accordance

with the advice of the Prime M.inister, given afte r he has consulted

the Leader of the Opposit ion. may appoint a person who is qualified

to be appointed to be a member to he a temporary member of the

Authority; and any person so appoin ted shall, ~ ubJec t to the provi·

sions of subsections (5) and (6) of this section, cease to be such a

member whe n a person has been appo inted to fill the vacancy or,

as the case may be. when the member who was unable to perform

the functions of his office res umes th05e functions.

(8) In the exercise of its functions under section 122(1)

of this Constitution the Broadcasting Authority shall not be subject

to the d irection or control of any other person or authority.

Function of tile Broadcasting Authority

122.-.. . (1) It shall be the function of the Broadcasting Authority

10 ensure that. so far as possible, in such sound and television broad-

casting services as may be provided in Malta, due impartiality is

preserved in respect of matters o! political or ind ustria\ .contro.v~~sy

or relating to current public policy and that broadcasting facilities

and time are fa irly apporlioned between persons belonging to

di fferent political parties.

(2) The function of the Broadcasting Authority referred

to in subsection (I) of this section shall be without prejudice to

such other fun ctions and dut ies as may be conferred upon it by

any law for the time being in force in Malta.

Powers and procedure of Commissions

123.- (1) Any Commission established by this Constitu-

tion may. wi t h the consent of the Prime Minister or such

other Minister as may be authorised in that behalf by the Prime

Minister by regulation or otherwise regulate its own procedure and

confer powers and impose duties on any public officer or authority

of the Government of Malta for the purpose of the discharge of its

functions.

(2) Any Commission established by this Const itution may

act notwithstand ing any v2comcy in ils memm:rship or the absence

of anr member and any proceedir.gs thereof shall be valid notwith-

standing that some person who was not entitled so to do took part

therein.

(3) Any ques tIOn proposed for decision at any meeting of

any Commission established by t his Constitution shall be deter-

mined by a majori ty of the votes of all the members theroof. and

if on any such question the votes are equally divided the member

presiding shall have and exercise a casting vote.

(4) For the purposes of subsection (]) of th is section, the

references to a member of the Electoral Commission shall m: con-

strued as including a reference to the Chairman of that Commission.

(S) The provisions of this section shall apply to the

Broadcasting Authority established by this Constitution.

Resignations

lZ4.-(l) Any person who is appointed, elected or otherwise

selected to any office established by Ihis Constitution (including the

office of Prime Minister or other Minister or Parliamentary Secretary)

may resign from that office by writing under his hand addressed to

the person or authority by whom he was appointed, elected or

selected.

(2) The resignation of any person from Bny such office as

afo resaid shall take effect when the writing signifying the resignatio n

is received by the person or authority to whom it is addressed or by

any person au thorised by that person or authority to rece ive it.

Rcappoimmenls, etc.

125.-{I) Where any person has vacated any office established

by t his Constitution (inctudin\!: the office of Prime Minister or other

Minister or Parliamentary Se-cretary), he may. if qua lified. again be

appoi nted, elected or o therwise selected to hold that office in acco r-

dance with the provisions of this Constitution.

Where by Ihis Constitu tion a power !s conferred upon

(2 )

any person or aut ho rit y to make any appoi ntment to any public

office, a person may be appoin ted to tha t office notwithstanding that

some ot:lcr perso n may be holding tha t office, when that other pe rso n

is on leavc of absence pending relinqu ishment of t he office; and

whn\! two or morc persons arc holdi ng the same office by reaso n of

a n appointment made in p ursuar.ce of this subsection, then for the

purposes of any funct ion conferred upon the holder of that office

the person last appointed shall be deemed to be the sole holder of

the office.

lliterpretation

In this Consti tut ion, unless the context otherw ise

126,- (l )

requires- -

"Act of P::Jrlia m'!nt"' m ~a ns any law made by Parliam,:nt ;

"the appo inted day" means 21st Sept ember 1964

"the Cabinet" means the Cabinet established by section 80

of this Constitu t ion

"the Commonweal th" means Malta, any country to which

section 29 of th is Cons t it ution ::Jpplies a nd any depe ndency of

any sllch eountry;

"the Consolidated F und" means the Consolidated Fund

established by section 105 of th is Constitut ion

"Constitutio nal Court" means the Constitutional Court

established by section 96 of this Constitu tion

"financial year" means the period of twelve months ending

on the th irty-first day of Ma rch in a ny year or on such other

date as may be prescribed by Parliament

"Gazette"' means the Malta Government Gaze tte or any

ot her official journal subst ituted therefor pu blished by order of

the Government of Malta;

"H ou s ~ "' means the House of Representa ti ves established

by section 52 of th is Const itution;

"law" incl udes any instrument having the force of law and

any unwritten rule of law and "lawful" and "lawfully" shall be

constr ued accordingly

" Malta" means the Island of Malta, the Island of Goze and

the other islands of the Maltese Arch ipelago, includ ing the ter"

ritorial waters thereof;

"oat h of allegia nce"' mea ns the oath of allegia nce set ou t in

the Second Schedule to this Constitution or suc h othe r oath as

may be prescr ibed by Parliament

" Parliament" means the Parl iament of Malta;

." pub lic offic e" means an office of emolument in the public

servIce;

"public officer" means the holder of any pu blic office or a

perso n appointed to ac t in any such office;

" the public servicc" means, subject to t he provisions of

subsect ions (2) and (3) of t his sect ion, the service of the Crown

in a civil cap ac tiy in respect of the Government of Malta;

" session" means the sittings of t he House of Representa t ives

begin ni ng when it firs t meets after t he co mmencement of th is

Co nst itution or after he pro rogati on or dissolu tion of Parliament

at any t ime an d t erm inati ng when Parliamen t is prorogued or

is d issolved wit hout having been prorogued;

"silting" means a period d ur ing which th e House of Repre-

sentatives is sitting continuously witho ut adjournment and

incl udes any period duri ng which th e House is in committ ee;

"the Speaker" and " the Dep uty Speaker" mean respectively

t he Speaker and th e Deputy Speaker elected und er section 60

of t his Constitutio n.

(2) In this Constitu tion, unless thc context otherwise

requires, " the public service" includes service in the office of judge

of the Superior Courts. service in the office of magistrate of the

inferior courts and service in the office of a member of the Malta

Police Force.

(J) In th is Constitutio n "the public service" does not

include service in the offi ce of -

(n Prime Mi nister or other Minister, a Parlia mentary

Secretary, Speaker, Deputy Speaker. a member of the House

of Representati ves, a member of a Commission established

by this Constitution;

(H) save where the holder of the office is selected from

th e public service, an Ambassador, H igh Commissioner or

other principal re prese ntative of Malta in any other country;

0'

(iii) save in so far may be prescribed by Parliament,

a me mber of any co uncil. board, panel, committee Of other

similar body established by or unde r any law.

(4) For t he purposes of t his Constitut ion a person shall

not be regarded as hold ing a public office by reason only of the fact

th at he is in receipt of a pension or other li ke allowance in respect

of public service.

(5)

In this Co nstitution, unless

the context

otherwise

req uires -

(a) a reference to an a ppointment to any office s hall be

construed as including a refere nce to a n appointment on pr~

motio n or t ransfer to t ha t office and to t he appointment of a

person to perform t he fu nc tions of that office during any period

during whic h it is vacant or d uring which the holde r t hereof is

un able (whether by reason of absence or infirm ity of body or

mind or any ot he r cause) to perform th ose funct ions; and

a reference t o the holder of an office br th e t erm

(b)

designat ing his office or by reference t o t he prOVIsion of t his

Constitutio n establishinR that office shall be construed as includ.

ing a reference to any person for the t ime beinR lawfully perform.

ing the functions of that office.

(6) Where power is vested by this Cons titution in any

person or authority to appoint any person to act in or perform the

functions of any olIke if the holder thereof i.s himself unable to per-

form th ose functions, no such appoin tment shall be caUed in ques.-

tion on the ground that the holder of the office was not unable \0

perform those fu.nctions.

(7) References in this Constitution to the power to remove

a public officer from his oUiee shall be construed as including refer·

cnees 10 any power conferred by any law to requ ire or permit that

officer to ret ire from the public service

Provided that -

(a) nothing in th is subsectio n shall be construed as con-

ferring on any person or authority power t o require any person

holding any of the offices referred to in sections 92, 96(4). 101 or

I II of th is Constituti on to rctire from the public service: and

(b) the provisions of this subsection shall not apply to

any power conferred by any law to permit a person to retire

from the public service where that person has requested per-

mission to retire from the public service on proved medical

grounds.

(8) Any provision in this Constitut ion that vests in any

person or authority powe r to remove any public officer from his

office shall be without prejud ice to the power of any person or

authority to abolish any office or to any law providin g fo r th e com-

pulsory retireme nt of public officers generally or any class of public

officers on atta ini ng an age specified therein.

(9) Where any powe r is conferred by this Cons ti t ution to

make any proclamation. order, rules or regulations or to give any

di rections or to make any designatio n, the power shall be const rued

as incl udi ng a power, exercisable in like manne r, to amend or revoke

any such proclamatio n. order, rules, regulations, directions or desig-

nat ion.

(10) No prOvision of this Constitu tion that any ~rsun or

authority shall not be subject t o the direction or control of any

other person or authority in exercising any functions und er this

Constitution shall be construed as preclu ding a court from exercis-

ing jurisdiction in relation to any question whether tha t person or

authority has pe rformed those fun ctions in accordance with this

Constitu tio n or any other law.

(1 1) W here a person is required by this Constitution t o

make an oat h he shall be permitted, if he so desires, to comply \\'ith

that requirement by making an affirmation .

(12) Any reference in this Constit ution to a law made

before the commencement of this Constitution shall, unless the con-

text ot herwise requires, be cons trued as a reference to that law as

in force immediately before the appointed day.

(13 ) Any reference in this Constitutio n to a law th~t

amends or replaces any other law shall be const rued as including a

reference to a law that modifies, re-enacts, with or withou t amend·

ment or modification, or mak t>s differen t prov isions m lieu of that

ot her law.

(1 4) The Intetpretation Act 1889 as in force on the ap-

pointed day shall apply, with the nttessary

adaptations,

for the

purpose of intetpreting this Constitution and otherwise in relation

thereto as it applies for the purpose of interpreting, and in relation

to, Acts of Parliament of the United Kingdom.

SCHED U LES

TO

THE

CONSTIT U TION

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 3 Re~o.:atioll. — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

The Malta (Constitution) Order in Council 1961(bl as

ame nded (which Order, as amended, is hereinafter refer-

red to as "the 1961 Order") is revoked as from the appointed day;

and the provisions of section 38(2) of the In terpretation Act 1889(c)

shall apply in relation to such revocation as t hey apply in relation

to the repeal of an Act of the Parliament of the United Kingdom,

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
First Schedule — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Section 48(7)

Criminal Code (Chapter 12)

Code of Police Laws (Chapter 13)

Code of Organization and Civil Procedure (Chapter 15)

Commercial Code (Chapter 17)

Civil Code (Chapter 23)

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 4 Eltabl,.run..nt Constitution of M alla, — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

The Constitution shall be, and may be cited as, the Consti- of

tution of Malta and it shall come into effect on the appointed day.

(a) 1964 c. U.

(t) 52 &; '3 Vie! . c, 6),

s. Where the Governor-General has power under the Consti-

tution to make any appointme nt or to make any order or to do any

other thing for th e purposes of the Cons titution, that power may be

exercised by the Governor of the State of Malla at any time before

the appoin ted day to such extent as may, in his opinion, be necessary

or c)[pedicnt to enable the Consti tution to fun ction as from the ap-

pointed day.

6.-(1) Where any office has been established by or under the

1961 Order or allY other law in force immediately before the appoin t-

ed day and the Constitution establishes or provides lo r the establish-

ment 0 1 a similar or an equivalent office, any person who imme-

d iately before the appomteo day hOlOs or is actmg in the former

olllce shall, so lar as lS conSIstent WIth the ConSlltution, De a ccmed

to have been appolDted on the appoinred day to hold or 10 ac t in

the la tter odice tn accornance witl! the provisions 01 the Constitution

and to nave taken any necessary Oath unner tn e Constnution

P rov id ed that where under the Constitution any person is

req uired to vacate hIS a/lice at (ne eXp,ratIOn or any period from the

date 01 nis appollltment tnat penod snail be reckoned from the date

of IllS appoIntment to tne o.uee es ta ohsned by or unaer tb e l:#tI t

Order or, as the case may be, tnat Olner law.

l2J The prov,sions of section 112(4) of the Con:>titution

shall no t a pply to any perso n on hIS vacatlllg olhce as a mcrnb~ r of

the Public ::>ervice Lommlsslon il, imm~Q,aLely bel0rc he v"cawd

that Olllce, he held it hy virtue of the pIOVIS.OIIS 01 suosee{lOIl llJ of

this sectio n.

0) T he provisiolls of this section shaH be without pre-

judice to the provisions of section 7 01 this Oro~ r.

7.- (1) No tw ithstanding any other provision of this Order, the

Legislative Assembly establtsned un der the 1961 Order shall be the

Ho use of Representatives of Malta during the period beginuin:; on

the a ppoi nted day and ending with the firs t dissolution of the Parlia·

m en t of Malta thereafter, and accordingly -

(a) the persons who immediately before the appo in ted

day are members of the Legislative Assembly shall as from that

day be deemed to have been elected as members of the House

of Represelltatlves in pursuance of the proviSIons of section 53

of the Cons titution and to have taken any necessary oatn under

aJ

the Constitution, and, subject to subsectIOn

01 this sectlon,

shall hold the ir sealS in the House ill accordance with the pra.

visions of the Constitution; and

(b) the persons who im:nediately before the appoin ted day

arc Speaker and Deputy Speaker of the Legis lative Assembly

shall as from that day be deemed to have been elected as such

in pursuance of sectio n 60 of the Constitution and 10 have taken

any necessary oath und er the Constitution, and shall hold office

in accordance with the provisions of that section.

a) A member of the House of Representatives to whom

'h,

rroviSions of paragraph (a) of subsect'on (1) of this section apply

shal not vacate his seat by reason only of his not being a citiZen of

Malta if he is entitled under the provisions of the Constitution to be

registered as such a ci tizen and is so regis tered within si:\: months

of the appointed day.

(3) The Standins Orders of the Legislative Assembly es tab-

lished under the 1961 Order as in

force

immediately before the

appointed day shall, elcept as may be otherwise provided under

section 68(1) of the Conslilution, apply for the regulation of the pro-

cedure of the Ho use of Representatives but shall be COlL'll rued with

such modificat ions. adaptations. qualifications and exceptions as may

be necessary to bring them inlo conformity wit h Ih is Order.

(4) Notwithstand ing anything contained in s ubs«tion (2)

of section 77 of the Constitution (but subject 10 the provisions of s ub-

sections (3) and (4) of that section) the Parliament of M31ta s hall.

unless soo ner dissolved, stand di ssolved OD 26th April 1966.

(5) Unless altered in accordance with the provisions of the

Constitution, th e electoral divisions referred to in s~tion S7(1 ) of

the Constitution shall be those set out in the Third Schedule to the

1961 Order; and for the purposes of s~tion 62(1) of the Constitution

the Electoral Commission shall he deemed to have reviewed the

boundaries of those divisions on the appointed day.

8.-(1) The provisions of the El~toral (Franchise, Method of hwa, to

Election aDd Registration of Voters) Ordinance and the El~ to ral <1«tio",

(Polling) Ordinance and any rep,ul:lt ions made thereunder shall (sub-

ject to th eir amendment or replacement by the Parliament of Malta

or other competent authority) apply to the regis tration of voters for

the election of members of the House of Representatives and to the

election of such members.

(2) The electoral register as revised by virtue of the Elector·

al (Franchise, Method of EI~tion and Registration of Vo ters)

Ordinance shall continue after tbe appointed day to be in force as

a valid electoral register subject to fUrl her revision or to replacement

unde r the said Ordina nce or any other law amending or replacing

the same.

9.-(1) Any power of the Prime Minister which, by virtue of Trr.naitiOllol

any instrument having effect immediately before the appointed day provi .......

under, or as if it had been made under, section 86 of the 196 1 Order "'law..

is at that time delegated to a public officer or other authority. shall

as from the appoin ted day be deemed to have been delegated to ditoip~ne

that officer or authority in accordance with the provisions of the 01 public

Constitution.

(2) Any matter which immediately before the appointed

day is pending before the Public Service Commision established

by the 1961 Order or, as the case may be, before any officer or

authority to whom the power to deal with such matlers has been

delegated in th e manner mentioned in subsection (I) of this section

shall as from t he appointed day be continued before the Public

Service Commissio n established by the Constitu tion or, as the case

may be, that officer or au toority.

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Oath of Allegiance

Section 126(1)

Oath of Allegiance

1. I, .............. ...... .. .... .. ... ......... do swear that I will he faithful and bear true

allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors.

according to law. So help me God.

2. Affirmation of Allegiance

I,

............. ... ........ .................. do solemnly and si ncerely affir m and

declare that I will be faithful and bear true allegiance to Her Majesty Queen

Elizabeth the -Second, Her Heirs and Successors, according to law .

EXPLANATORY NOTE

(This note is /lot part of this Order, bllt is intended to indicate its general pllrport.)

This Order appoints 21st September )964 as the appo inted day for the pur-

poses of section HI) of th e Malta Independence Act 1964 and provides a new

constitution for Malta coming into effect on that day.

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It-Tieni Skeda — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

ta 'T ~ea l ta

'

.

Gurament

Artikolu 126(1)

Ġurament ta'

l.

Lealta

Jiena ... , .................... ; ..................... miħlef 11 nkun fidili u

nġib tassew lealta lill-.Maesta Tagħha r-Reġina Eliżabetta t-Tieni, lill··

Werrieta u Suċċessuri Tag.ħha, skond il-liġi. Hekk Alla jgħini.

Dikjarazzjoni ta' Lealta

2. Jiena, ........... ................................... niddikjara solenne-

ment u sinċerament li nkun fidil i 11 nġib tassew lealta lill-Maesta

Tagħha r-Reġina Eliżabetta

t-Tieni, lill-Werrieta u Suċċessuri

Tagl1ha, skond il-liġi.

NOTA TA' TIFSIR

(Din in-nota mhix parti ta' l-Ordni, iżda hija maħsuba

biex turi l-iskop ġenerali tiegħu.)

Dan l-Ordni jistabbilixxi 1-21 ta' Settembru 1964 bħala l-ġur-·

nata stahbilita għall-finijiet ta' l-artikolu 1(1) ta' l-Att ta' 1-1964

dwar l-Indipendenza ta' Malta u jipprovdi kostituzzjoni ġdida għal

Malta 1i tibda sc;:pt1ħ f'dik il-ġurnata.

[Price 3s.

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Art. 10 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

The person li rst appointed to the office of Governor-Gene- o.tlt of 11 .. ,

raJ shall be deemed to have complied with the provisions of section Oovernor-

51 of the Constitu tio n if he takes and subscribes. in addition to the Qenr .. l.

oath of allegia nce, an oath for the due execution of his office in the

form set out .in the Second Schedule to the 1961 Order.

11.-(1) Subjcct to the provIsions of this Order, all laws

(including laws made under the 1961 Order) in force in, or otherwise

having effect as part of the law of, Malta immediately before the

ap pointed day (he reinafter referred to as "the ex.is ting laws") shall

(subject to amendme nt or repeal by the Parliament of Malta or

other competent authority) continue so to bave effect on and after

that day; but all such laws shall be construed with such modifica-

tions, adaptations, qualifications and c:tcept ions as may be necessary

to bring them into conformity with Ihis Order or in consequence

of the enactment of the Malta Independence Act 1964.

(2) T he Gove rnor-General may (without prejudice t o the

powers of the Parliament of Malta or other competent authority) by

order made at any time within twelve months after the appointed

day make such amendments to any existing law (other than the

Malta Independence Act 1964 and this Order) as may appear t o him

to be necessary or expedient for bringing that Jaw into conformity

with the provisions of this Order or otherwise for giving effect or

enabling effect to be given to those provisions, or in consequence

of the enactment of the Malta Indepe nde nce Act 1964: and any

such order shall have effect from such date, not earlier t ha n the

appointed day, as may be specified therein.

(l) Where any matter that fa ns to be prescribed 01 other-

wise provided for unde r the Constitution by the Parliamen t of Malta

or by any other authority or person is, immed iate~ before the ap"

pointed day, prescribed or provided for by or un er any existing

law (incl udi ng any amendment t o any such law made under this

section), that prescription or prov ision shall, on and after the ap-

pointed day, have effect as if it had been made under the Consti-

tu tion by the Parliamen t of Malta or, as the case may be, by the

other au thority or person.

(4) On and afte r the appoi nted day no provision of any

law subsisting immediately before lrd March 1962 shall be regarded

as having ceased to have effect as part of the law of Malta by reason

of any inconsistency with the 1961 Order if that provision is one

which, were it a provision having effect immediately before the

'ypointed day, would continue to have effect as aforesaid by virtue

o sect ion 48(7) of the Constitution.

It is hereby d K:lared that -

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Art. 12 . VatidilJ 0( ,,~ — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

(a) t he Letters Patent and Order in Council set out in the

First Schedule to the Malta Constitution Act 1932 (_) were

validly passed and made and were withi n the powers reserved

to H is Majesty;

(b) the Acts of the Legislature of Malta so set out were

validly enacted and were wi thin the powers of the Legislature;

(c) the Ordinances of the Governor of Malta so set out

were validly promulgated and were within the powers of the

Governor;

Id) all Ordinances of the Governor of Malta enacted and

promulgated during the periOd between the commenceme nt of

the Mal ta Constitution Act 1932 and the commencement of the

Malta (Letters P atent) Act 1936 (h) were validly enacted and

promulgated and were within t he powers of the Govelnor.

(b) 26 0.0. , .t: I Edw. I . c. 2'.

n . Until Parliament presc ribes the manner in wh ich an appli·

catio n shall be made for the purposes of any provision of sections 24. application

25 and 27 of the Constitution. an application under that provision .. '" ';<efl

need not be in any particula r form but the application shall be suffi· at M.II • .

cient if it is mad e to the Minister responsi ble for matters relating to

eiti2:enship of Malta and if it dectares the name. ad dress and national

status of the applicant and grounds upon which the applicant is en·

titled to registration under that provision and is accompanied by

such support ing documents as the Minister may requ ire.

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Art. 13 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

ssir applikazZljoni għall-finijiet ta' xi disposizzjoni ta' l-artikoli 24, applikazzjoni

25 u 27 tal-Kostituzzjoni, applikazzjoni skond dak il-provvediment reġistrazzjoni

ma għandhiex bżonn tkun f'xi forma partikolari iżda l-applikazzjoni bħ a la

tkun biżżejjed jekk tkun magħmula lill-Ministru responsabbli għal ċittadin ta'

ħwejjeġ dwar iċ-ċittadinanza ta' Malta u jekk tiddikjara l-isem, l-in- Malta.

dirizz u l-istatus nazzjonali ta' l-applikant u r-raġunijiet li minħabba

fihom l-applikant ikollu dritt għar-reġistrazzjoni skond dak il-prov-

vediment u jkollha magħha dawk id-dokumenti ġustifikattivi li

l-Ministru jista' jeħtieġ.

l4. L-artikolu 5l(2)(b) ta' l-Ordni fil-Kunsill ta' 1-1959 dwar

il-Kostituzzjoni għal Ma1ta(b) u l-artikolu 2(2) ta' l-Ordnifil-·Kun-

si1l ta' 1-19'63 li jimmodifika l-Ordni fil-Kunsill dwar il· Kostituzzjoni

għal l\1a1ta(ċ) għandhom jitqiesu li kellhom seħħ -

(a) bħallikieku minflok il-kliem ":fid-data" kien hemm il-

kliem "minnufih qabel id-data"; u

(b) bħallikieku minflok il-kliem "wara dik id-data" kien

hemm il-kliem "fi jew wara dik id-data".

Il-Parlament ta' Malta jista' jibdel l-artikolu 7(4) ta' dan Tibdil ta'

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Art. 14 ~I odificati ... of Ordoon of 19~9 ..,d 1 !l61. — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Section 51(2)(b) of the Malta (Constitution) Orde r in Cou n·

cil 1959{.1) and section 2(2) of the Malta (Constitution) (Mod ifica·

tion) Order in Council 1963(b) shall be deemed to have had effect-

(a) as if for the words "on the date" there were substituted

the words " immediately before the date"; and

(b) as if for the words "after that date" there were sub-

stituted the words "on or after that date".

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Art. 15 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

The Parliament of Malta may alter section 7(4) of this Altc .... lion

Order or this sec tion in the same manner as it may alter the pro- o f thi.

visions of the Malta Independence Act 1964 under section 67 of the 0.0.,.

Consti tut ion. and may alter any other provisio n of sec tions 3 to 14

of this Orde r in the same manner as it may al ter the provisions of

the Constitution mentioned in subsectio n (2) of that sec;tion.

w. G. Agnew.

190 11. p. 1770.

(It)

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Art. 16 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Minimum age for paid labour.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 17 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Safeguarding labo ur of minors.

Social assista nce and insurance.

18.

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Art. 18 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Inkoraġġiment ta' intrapriża ekonomika privata.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 19 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Encouragement of private economic en terprise.

W. Protf(;t ion of artisa n trades.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 20 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Inkoraġġiment ta' ko-operattivi.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 21 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Encoura$cment of c()-Operatives.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 22 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Application of the principles con tained in this Chapter.

CHAPTI!R III

CITIZE NSHIP

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 23 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Perso ns wh o become citizens on appointed day.

Persons entitled to be registered as citizens.

24.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 24 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Persuni natura1izzati jew reġistrati bħala residenti qabel il-

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 25 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Persons naturalised or registered as resident before appointed

day.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 26 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Acquisi tion of citizenship by birth

or descent by persoos

born on or after appoi nted day.

Section

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 27 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Marriage to citizen of Malta.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 28 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Dual citi zenship.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 29 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Commonwealth citizens.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 30 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Criminal liability of Commonwealth citizens.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 31 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Powers of Parliament.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 32 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Interpretation.

CHAPTER IV

FUNDAMENTAL RI GHTS AND FREEDOMS OF THE

INDIVIDUAL

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 33 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

F undamental rights and freed oms of the individual.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 34 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection of righ t to life.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 35 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection from arbitrary arrest or detention.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 36 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Pro tection from forced labour.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 37 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection from inhuman treatment.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 38 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection from deprivation of property without compen-

sation.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 39 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Pro tection for privacy of home or other property.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 40 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Provisions to secure protection of law.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 41 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection of fr~edom of conscience.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 42 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection of freedom of expression.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 43 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection of freedom of assembly and association.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 44 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Prohibition of deportation.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 45 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection of freedom of movement.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 46 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection from discrimination on the grounds of race, etc.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 47 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Enforcement of protective provisions.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 48 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Interpretation of Chapter IV.

CHAPTER V

THE GOVERNOR·GENERAL

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 49 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Establishment of office of Governor-General.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 50 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Discharge of Governor-General's functions during vacancy,

etc.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 51 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Oaths to be taken by Governor-General.

VI

CHAPTER

PARLlAMENT

Part 1

Composition of Par/iQment

Establishment of Plrliament.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 52 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Composition of the House of Representatives.

53.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 54 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Qualifications for membership of House of Representatives.

Disq ualifications for membership of House of Representa-

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 55 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

tives.

Tenure of office of members.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 56 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Voting at Elections.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 57 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Qualification of voters.

SS.

Disqualification of voters.

59. Section

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 58 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Kwalifika ta' eletturi.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 59 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Skwalifika ta' eletturi.

Artikolu

60 . Speaker u Deputy Speaker.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 60 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Speaker and Deputy Speaker.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 61 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Establishment of Electoral Commission.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 62 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Electoral divisions.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 63 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

F illing of vacancies.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 64 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Determination of q uestions as to membership.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 65 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Clerk to House of Representati ves and his staff.

Part 2

Powers and Procedure of Parliament

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 66 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Powe r to make laws.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 67 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Alteratio n of this Constitution.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 68 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Regulation of procedure in House of Represen tatives.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 69 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Oath to be taken by members of House of Representatives.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 70 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Presiding in House of Re presentat ives.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 71 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Quorum in House of Representatives.

72. Voting.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 72 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Votazzjoni.

Mod ta' eżerċizzju tas-setgħat leġislativi.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 73 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Mode of exercising legislative powe rs.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 74 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Restriction with regard t o certain fi nancial measures.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 75 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Language of Laws.

Part 3

Summoning. prorogation and dissolution

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 76 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Sessions of Parliamen t.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 77 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Prorogation and d issol ution of Parl ia men t.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 78 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

General elections.

CHAPTER V II

THE EXECUTIVE

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 79 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Executive authority of Malta.

SO. T he Cabinet.

BI. Appoi nt ment of Ministers.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 80 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Il-Kabinett.

Ħatra ta' Ministri.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 81 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Tiżmim ta' kariga ta ~ Ministri.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 82 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

T enure of office of Ministers.

B3. Allocation of portfolios to Ministers.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 83 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Aġent Prim Ministru.

Ministri temporanji.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 84 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Act ing Prime Minister.

SS. T emporary Minis ters.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 85 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Eżerċizzju tal-funzjonijiet tal-Gvernatur-Ġenerali.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 86 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Exercise of fun ctions of Governor-General.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 87 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Exercise of Prime Minister's functi ons.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 88 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Gove rn or-General to be inform ed concerning matters ot

government.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 89 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Parliamentary Secretaries.

9Q. Oaths to be taken by Ministe rs.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 90 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Kap ta' l-Oppożizzjoni.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 91 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Leader of the Opposition.

n . Crown Advoca te-General.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 93 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

r ermanent Secretaries and heads of government departments.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 94 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Prerogative of mercy.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 95 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Seeretary to the Cabinet.

CIIAPTER V III

THE JUDICIARY

Part I

COllrts

Section

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 96 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Superior Courts.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 97 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Appointment of judges.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 98 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Tenure of offiee of judges.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 99 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Aeting Chief Jus t ice and act ing judges.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 100 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Infe rior Courts.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 101 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Magistra tes.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 102 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Oaths to be t aken by judges and magistrates.

Part 2

Appeals

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 103 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Appeals to Her Ma jesty in Council.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 104 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Appeals from Superior Courts in Criminal matters.

C HAPTER IX

FINANCE

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 105 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Consolidated Fund.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 106 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Authorisation of expenditure from Consolidated Fund.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 107 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Authorisation of expenditure before appropriation.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 108 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Contingencies Fund.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 109 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Public debt.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 110 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Remuneration of the Governo r-General and certain other

officers.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 111 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Director of Aud it.

C HAPTER X

T HE PUBLIC SERVICE

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 112 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Public Service Commission.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 113 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Appoin tment. etc. of public officers.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 114 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Principal represen tatives of Malta abroad.

11 5.

Appointment on transfer in respect of certain offices.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 115 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Ħatra bi trasferiment dwar xi karigi.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 116 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection of pension ri ghts.

Il7.

Grant and withholding of pensions. elc.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 117 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Għoti u tiżmim ta' pensjonijiet, eċċ.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 118 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Protection of Public Service Commission from legal proceed-

ings.

CHAPTER XI

MISCELLANEOUS

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 119 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Actions on validity of laws.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 120 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Prohibitio n of certain associat ions.

12\. Broadcasting Authority.

Gazzetta tal-Gvern ta' Malta — Att 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 121 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Awtorita dwar ix-Xandir.

Funzjoni ta' l~A'\Ttorita (1\,\T(l1' ix-Xandir.

122. Artikolu

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 122 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

F unction of the Broadcas ting Authority.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 123 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Powers and procedure of Commissions.

124. Resignations.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 125 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Reappointments. etc.

Malta Government Gazette — Act 1964 1 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta
Art. 126 — L-Ordni tal-1964 dwar l-Indipendenza ta' Malta Apri la fonte ufficiale

Inte rpretation.

SCHEDU LES TO THE CONSTITUTION

FIRST SaIEDUL E

O . . TH OF ALLEGIANCE

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