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25. Acquisition of citizenship by birth or descent by persons born on or after appointed day.

26. Marriage to citizen of Malta.
27. Dual citizenship.
28. Commonwealth citizens.
29. Criminal liability of Commonwealth citizens.
30. Powers of Parliament.
31. Interpretation.

SCHEDULES TO THE CONSTITUTION

FIRST SCHEDULE
SECOND SCHEDULE: Oaths of Office
THIRD SCHEDULE: Oath of Allegiance
FOURTH SCHEDULE: List of Commonwealth Countries other than Malta

CHAPTER I: The Republic of Malta

1. (1) Malta is a democratic republic founded on work and on respect for the fundamental rights and freedoms of the individual.

(2) The territories of Malta consist of those territories comprised in Malta immediately before the appointed day, including the territorial waters thereof, or of such territories and waters as Parliament may from time to time by law determine.

(3) Malta is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance. Such a status will, in particular, imply that:

(a) no foreign military base will be permitted on Maltese territory;

(b) no military facilities in Malta will be allowed to be used by any foreign forces except at the request of the Government of Malta, and only in the following cases:

(i) in the exercise of the inherent right of self-defence in the event of any armed violation of the area over which the Republic of Malta has sovereignty, or in pursuance of measures or actions decided by the Security Council of the United Nations; or

(ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Republic of Malta;

(c) except as aforesaid, no other facilities in Malta will be allowed to be used in such manner or extent as will amount to the presence in Malta of a concentration of foreign forces;

(d) except as aforesaid, no foreign military personnel will be allowed on Maltese territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defence of the Republic of Malta;

(e) the shipyards of the Republic of Malta will be used for civil commercial purposes, but may also be used within reasonable limits of time and quantity, for the repair of military vessels which have been put in a state of non-combat or for the construction of vessels, and in accordance with the principles of non-alignment the said shipyards will be denied to the military vessels of the two superpowers.

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

(2) The authorities of the Roman Catholic Apostolic Church have the duty and the right to teach which principles are right and which are wrong.

(3) Religious teaching of the Roman Catholic Apostolic Faith shall be provided in all State schools as part of compulsory education.

3. (1) The National Flag of Malta consists of two equal vertical stripes, white in the hoist and red in the fly.

(2) 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 canton of the white stripe.

4. The National Anthem of Malta is "L-Innu Malti" opening with the words "Lil din l-Art helwa l-Omm li tatna isimha".

5. (1) The National language of Malta is the Maltese language.

(2) The Maltese and the English languages and such other language as may be prescribed by Parliament (by a law passed by not less than two-thirds of all the members of the House of Representatives) shall be the official languages of Malta and the Administration may for all official purposes use any of such languages:

Provided that any person may address the Administration in any of the official languages and the reply of the Administration thereto shall be in such language.

(3) The language of the courts shall be the Maltese language:

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) The House of Representatives may, in regulating its own procedure, determine the language or languages that shall be used in Parliamentary proceedings

6. Subject to the provisions of subsections (7) and (9) of section 47 and of section 66 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

7. The State recognises the right of all citizens to work and shall promote such conditions as will make this right effective.

8. The State shall promote the development of culture and scientific and technical research.

9. The State shall safeguard the landscape and the historical and artistic patrimony of the Nation.

10. Primary education shall be compulsory and in State schools shall be free of charge.

11. (1) Capable and deserving students, even if without financial resources, are entitled to attain the highest grades of education.

(2) The 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 competitive examinations.

12. (1) The State shall protect work.

(2) It shall provide for the professional or vocational training and advancement of workers.

13. 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 this right.

14. The State shall promote the equal right of men and women to enjoy all economic, social, cultural, civil and political rights and for this purpose shall take appropriate measures to eliminate all forms of discrimination between the sexes by any person, organisation or enterprise; the State shall in particular aim at ensuring that women workers enjoy equal rights and the same wages for the same work as men.

15. The minimum age for paid labour shall be prescribed by law.

16. The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work

17. (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 contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment.

(3) Disabled persons and persons incapable of work are entitled to education and vocational training.

18. The State shall encourage private economic enterprise.

19. The State shall provide for the protection and development of artisan trades.

20. The State recognises the social functions of co-operatives and shall encourage their development.

21. The provisions of this Chapter shall not be enforceable in any court, but the principles therein contained are nevertheless fundamental to the governance of the country and it shall be the aim of the State to apply these principles in making laws.

22. (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:

Provided 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, having 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.

23. (1) Any person who, but for the proviso to subsection (1) of section 22 of this Constitution, would be a citizen of Malta by virtue of that 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 the age of eighteen years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by the person who according to law has authority over him.

(2) Any person 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 22 of this Constitution: or

(b) who having died before the appointed day would, but for his or her 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 upon taking the oath of allegiance, to be registered as a citizen of Malta.

(3) Any person who on the day before the appointed day is or has been married to a person who, on or after the appointed day, becomes a citizen of Malta shall be entitled, upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.

(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 (1) of this section, but whose marriage has been terminated by death or by such dissolution 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 this section shall be without prejudice to the provisions section 22 of this Constitution.

(6) Any person who, in accordance with paragraph (a) or paragraph (b) of subsection (4) of section 44 of this Constitution is deemed to be a citizen of Malta for the purposes of that section, and who has returned to, and taken up permanent residence in, Malta, shall be entitled, upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.

(7) Notwithstanding any other provisions of this Constitution, a person shall not be entitled to be registered as a citizen of Malta more than once under the same provision of this Constitution.

(8) No person shall after the 1st August, 1989, be entitled to be registered as a citizen of Malta in virtue of subsections (2) and (3) of this section, unless:

(a) the Minister is satisfied that the grant of citizenship to such person is not contrary to the public interest; and

(b) on the date of the application such person was still married to a citizen of Malta, or is the widow or widower of a person who was a citizen of Malta or of a person who having died before the appointed day would, but for his or her death, have become a citizen of Malta by virtue of section 22 of this Constitution.

24. (1) Any person who on the day before the appointed day was a citizen of the United Kingdom and or Colonies --

(a) having become such a citizen under the British Nationality Act, 1948t by virtue of his having been naturalised in Malta as a British subject before that Act came into force; or

(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 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 the age of eighteen years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by the person who according to law has authority over him.

(2) Any person who on the day before the appointed day --

(a) was a Commonwealth citizen or a citizen of the Republic of Ireland; and

(b) is descended in the male line from a person born in Malta,

and was on the day before the appointed day ordinarily resident in Malta and had been so resident throughout the period of five years immediately preceding that day 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 the age of eighteen years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by the person who according to law has authority over him.

25. (1) Every person born in Malta on or after the appointed day shall become a citizen of Malta at the date of his birth:

Provided that in the case of a person born on or before the 31st July, 1989, such 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 possessed such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Malta; or

(b) his father was an enemy alien and the birth occurred in a place then under occupation by the enemy:

Provided further that in the case of a person born on or after the 1st August, 1989 such person shall not become a citizen of Malta by virtue of this subsection unless at the time of his birth his father or his mother is:

(a) a citizen of Malta; or

(b) person referred to in paragraphs (a) or (b) of subsection (4) of section 44 of this Constitution.

(2) A person born outside Malta on or after the appointed day shall become a citizen of Malta at the date of his birth

(a) in the case of a person born on or before the 31st July, 1989, if at the date of such person's birth, his father is a citizen of Malta otherwise than by virtue of this subsection or subsection (2) of section 22 of this Constitution; and

(b) in the case of a person born on or after the 1st August, 1989, if at the date of such person's birth his father or his mother is a citizen of Malta otherwise than by virtue of this subsection or subsection (2) of section 22 of this Constitution.

26. (1) Any person who on or after the appointed day marries a person who is or becomes a citizen of Malta shall be entitled, upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.

(2) With effect from the 1st August, 1989, no person shall be entitled to be registered as a citizen of Malta in virtue of this section unless:

(a) the Minister is satisfied that the grant of citizenship to such person is not contrary to the public interest; and

(b) on the date of the application such person was still married to a citizen of Malta or is the widow or widower of a person who was a citizen of Malta at the time of his or her death.

27. (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 shall 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) 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 22 of this Constitution, has made and registered such declaration of his intentions concerning residence or employment as may be prescribed:

Provided that in relation to a person --

(a) who attains the age of eighteen years on or before the 20th September, 1966 this subsection shall apply as if for the reference to his attainment of the age of nineteen years there were substituted a reference to the 20th September, 1967; and

(b) who is or was a citizen of Malta in virtue of subsection (2) of section 25 of this Constitution, in virtue of his father being deemed never to have lost his citizenship of Malta in accordance with the provisions of paragraph (b) of the proviso to subsection (3) of this section, and who attained the age of eighteen years prior to the 1st August, 1989, this subsection shall apply as if for the reference to his attainment of the age of nineteen years, there were substituted a reference to the 1st August, 1990:

Provided further that this subsection shall not apply in the case of a person who is a citizen of Malta in virtue of subsection (1) of section 25 of this Constitution and who after emigrating to another country prior to his nineteenth birthday acquires the citizenship of that other country.

So however that if such person returns to reside in Malta before the expiration of six years from the date of his emigration he shall cease to be a citizen of Malta unless he has renounced his citizenship of that other country either

(a) after attaining the age of eighteen years and before attaining the age of nineteen years; or

(b) before the expiration of one year from his return to Malta;

whichever is the later. Provided that any stay in Malta for a period or periods not exceeding three months in any one year or of twelve months in the aggregate shall not be taken into account and shall not be considered as a return to Malta.

(2) A person who --

(a) has attained the age of eighteen years before the appointed day; and

(b) becomes a citizen of Malta on that day by virtue of the provisions of section 22 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 three years from the appointed day (or, in the case of a person of unsound 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 22 of this Constitution, has made and registered such declaration of his intentions concerning residence or employment as may be prescribed.

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

(a) having attained the age of eighteen years, he acquires 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 otherwise acquires the citizenship of some country other than Malta and has not, before the expiration 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 intentions concerning residence or employment as may be prescribed:

Provided that --

(a) this subsection shall not apply in the case of a person who is a citizen of Malta in virtue of subsection (1) of section 22 or subsection (1) of section 25 of this Constitution and who after emigrating to another country acquires on or after the 1st August, 1989, the citizenship of that other country; and

(b) a person who after emigrating to another country and who before the 1st August, 1989, has acquired the citizenship of that other country and who prior to acquiring such citizenship was a citizen of Malta in virtue of subsection (1) of section 22 or of subsection (1) of section 25 of this Constitution, and in accordance with the law of the country of which such person has become a citizen such person may retain dual citizenship, shall be deemed not to have lost his citizenship of Malta on taking up the citizenship of the country to which he had emigrated, sohowever that this paragraph shall not apply if, not later than the 1st August, 1990, such person makes a declaration in such manner as may be prescribed wherein he shows his intention to confirm that he has ceased to be a citizen of Malta on his taking up the citizenship of such other country;

So however that if such person returns to reside in Malta before the expiration of six years from the date of his emigration he shall cease to be a citizen of Malta unless he has renounced his citizenship of that other country before the expiration of one year from his return to Malta. Any stay in Malta for a period or periods not exceeding three months in any one year or of twelve months in the aggregate, shall not be taken into account and shall not be considered as a return to Malta.

(4) A person who --

(a) becomes a citizen of Malta by registration under section 23, 24 or 26 of this Constitution; and

(b) is immediately after the day on which he becomes a citizen of Malta also a citizen of some 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 person of unsound mind, at such later date as may be prescribed) unless he has renounced his citizenship of that other country, and made and registered such declaration of his intentions concerning residence or employment as may be prescribed:

Provided that, in relation to a person who becomes a citizen of Malta by registration as aforesaid on or before the 20th September, 1966, this subsection shall apply as if for the reference to the expiration of six months after the date on which he acquired the citizenship of Malta there were substituted a reference to the 20th March, 1967.

(5) For the purposes of this section and of any law relating to citizenship, where, under the law of a country other than Malta, a person cannot renounce his citizenship of that other country, he may instead make such declaration concerning such citizenship as may be prescribed:

Provided that where any person, having made a declaration under this subsection, can, if such declaration is made on or before 31st December, 1974, at any time after that date, and, if made after that date at any time after the declaration is made, renounce the citizenship of the other country, such person shall renounce such citizenship within six months after the date aforesaid or after the date on which he can renounce such citizenship, which ever is the later date, or within such further period as the competent authority may allow or as may be prescribed, and such person shall cease to be a citizen of Malta on the expiration of such period, or of such extended period, if he has not then made the requisite renunciation.

(6) Provision may be made by or under an Act of Parliament 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 renunciation, or made or registered the declaration, as the case may be.

28. (1) Every person who under this Constitution or any Act of Parliament is a citizen of Malta or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

(2) Every person who is a British subject without citizenship under the British Nationality Act, 1948 or who continues to be a British subject under section 2 of that Act shall by virtue of that status have the status of a Commonwealth citizen.

(3) The countries to which this section applies are those in the Fourth Schedule to this Constitution.

(4) The President may by Proclamation amend, add to, revoke or substitute the list of countries in the Fourth Schedule to Constitution.

29. (1) A Commonwealth citizen who 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 Commonwealth other than Malta or in the Republic of Ireland or in any foreign country unless

(a) the act or omission would be an offence if he were an alien; 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 country.

(2) In this section "foreign country" means country (other than the Republic of Ireland) that is not a part of the Commonwealth.

30. (1) Parliament may make provision --

(a) for the acquisition of citizenship of Malta by persons who do not become citizens of Malta by virtue of the provisions of this Chapter;

(b) for depriving of his citizenship of Malta any person who is a citizen of Malta otherwise than by virtue of --

(i) section 22 or subsection (1) of section 25 of this Constitution; or

(ii) subsection (2) of section 25 of this Constitution in relation to a person born outside Malta whose father at the date of that person's birth is a citizen of Malta by virtue of subsection (l) of section 22 or subsection (1) of section 25 of this Constitution:

(c) for the renunciation by any person of his citizenship of Malta.

(2) Provision may be made by or under an Act of Parliament for extending the period in which any person may make an application for registration as a citizen of Malta, make a renunciation of citizenship, take an oath or make or register a declaration for the purposes of the provisions of this Chapter.

31. (1) In this Chapter --

"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;

"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act, 1948.

"Minister" means the Minister for the time being responsible for matters relating to Maltese citizenship and, to the extent of the authority given, includes any person authorised by such Minister to act on his behalf;

"prescribed" means prescribed by or under any Act of Parliament.

(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) (a) In this Chapter:

(i) any reference to the father of a person shall, in relation to a person born out of wedlock and not legitimated? be construed as a reference to the mother of that person;

(ii) any reference to the father of a person who was lawfully adopted before the 1st January, 1977, shall be construed as a reference to the adopter and in the case of a joint adoptation, the male adopter; and

(iii) any reference to the parents of a person who was lawfully adopted on or after the 1st August 1989, and who was on the effective date of his adoption under the age of ten years, shall be construed as a reference to the adopters;

(b) for the purposes of this chapter:

(i) an adoption of any person made on or after the 1st January, 1977, and before the 1st August, 1989, shall be without effect and shall be treated as if it had not been made;

(ii) an adoption of any person made on or after the 1st August, 1989, who on the effective date of his adoption was ten years or older, shall be without effect and shall be treated as if it had not been made; and

(c) The Minister shall not be required to assign any reason for the grant or refusal of any application under sections 23 and 26 of this Constitution and the decision of the Minister on any such application shall not be subject to appeal to or review in any court.

(4) Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the 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 appointed day, the national status that the father would have had if he had died on the appointed day shall be deemed to be his national status at the time of his death.

32. Whereas every person in Malta is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely --

(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;

(b) freedom of conscience, of expression and of peaceful assembly and association; and

(c) respect for his private and family life,

the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

33. (1) No person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence under the law of Malta of which he has been convicted.

(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded 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 circumstances of the case --

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

34. (1) No person shall be deprived of his personal liberty save as may be authorised by law in the following cases, that is to say

(a) in consequence of his unfitness to plead to a criminal charge;

(b) in execution of the sentence or order of a court, whether 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 the order of. the House of Representatives punishing him for contempt of itself or of its members or for breach of privilege;

(d) in execution of the order of a court made to secure the fulfilment 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 Representatives in execution of the order of that House;

(f) upon reasonable suspicion of his having committed, or being about to commit, a criminal 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 case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; or

(j) for the purpose of preventing the unlawful entry of that person into Malta, or for the purpose of effecting the expulsion, extradiction or other lawful removal of that person from Malta or the taking of proceedings relating thereto or for the purpose of restraining that person while he is being conveyed through Malta in the course of his extradiction or removal as a convicted prisoner from one country to another.

(2) Any person who is arrested or detained shall be informed, at the time of his arrest or detention, in a language that he understands, of the reasons for his arrest or detention:

Provided that if an interpreter is necessary and is not 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 --

(a) for the purpose of bringing him before a court in execution of the order of a court; 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 forty-eight hours before a court; and if any person arrested or detained in such a case as is mentioned in paragraph (b) of 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 reasonable conditions, including in particular such conditions as are 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 (e) of subsection (2) of section 47 of this Constitution 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 and composed of a person or persons 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 ease of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his 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.

35. (1) 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;

(b) labour required of any person while he is lawfully detained by sentence or order of a court that, though not required in consequence of such sentence or order, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained or, if he is detained for the purpose of his care, treatment, 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 to service as a member of a naval, military or air force, any labour that that person is required 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 life or well-being of the community.

36. (1) No person shall be subjected to inhuman or degrading punishment or treatment.

(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 authorises the infliction of any description of punishment which was lawful in Malta immediately before the appointed day.

(3) (a) No law shall provide for the imposition of collective punishments.

(b) Nothing in this subsection shall preclude the imposition of collective punishments upon the members of a disciplined force in accordance with the law regulating the discipline of that force.

37. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition

(a) for the payment of adequate compensation;

(b) securing to any person claiming such compensation a right of access to an independent and impartial court or tribunal established by law for the purpose of determining his interest in or right over the property and the amount of any compensation to which he may be entitled, and for the purpose of obtaining payment of that compensation; and

(c) securing to any party to proceedings in that court or tribunal relating to such a claim a right of appeal from its determination to the Court of Appeal in Malta:

Provided that in special cases Parliament may, if it deems it appropriate so to act in the national interest, by law establish the criteria which are to be followed, including the factors and other circumstances to be taken into account, in the determination of the compensation payable in respect of property compulsorily taken possession of or acquired; and in any such case the compensation shall be determined and shall be payable accordingly.

(2) Nothing in this section shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property --

(a) in satisfaction of any tax, rate or due;

(b) by way of penalty for, or as a consequence of, breach of the 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 contravention of any law;

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

(e) where the property consists of an animal upon its being found trespassing or straying;

(f) as an incident of a lease, tenancy, licence, privilege or hypothec, mortgage, charge, bill of sale, pledge or other contract;

(g) by way of the vesting or administration of property on behalf and for the benefit of the person entitled to the beneficial interest therein, trust property, enemy property or the property of persons adjudged bankrupt or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or unincorporate in the course of being wound up or liquidated;

(h) in the execution of judgements or orders of courts:

(i) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;

(j) in consequence of any law with respect to the limitation of actions, acquisitive prescription, derelict land, treasure trove, mortmain of the rights of succession competent to the Government of Malta; or

(k) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon --

(i) of work of soil conservation or the conservation of other natural resources of any description or of war damage reconstruction; or

(ii) of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable and lawful excuse refused or failed to carry out.

(3) Nothing in this section shall 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 minerals, water or antiquities.

(4) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no monies have been invested other than monies provided by any legislature in Malta.

38. (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 --

(a) that is reasonably required in the interest of defence, public safety, public order, public morality or decency, public health, town and country planning, the development and utilisation 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 promoting the rights or freedoms of other persons;

(c) that authorises a department of the Government of Malta or a local government authority, or a body corporate established by law for a public purpose, to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property or installation which is lawfully on those premises and which belongs to that Government, that authority, or that body corporate, as the case may be; or

(d) that authorises, for the purpose of enforcing a judgment or order of a court, the search of any person or property by order of a court or entry upon any premises by such order or that is necessary for the purpose of preventing or detecting criminal offence,

and except so far as that provision or, as the ease may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

39. (1) Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair nearing within a reasonable time by an independent and impartial court established by law.

(2) Any court or other adjudicating authority prescribed by law for the determination of the existence or the extent of civil rights or obligations shall be independent and impartial; and, where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the ease shall be given a fair hearing within a reasonable time.

(3) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings relating to the determination of the existence or the extent of a person's civil rights or obligations before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.

(4) Nothing in subsection (3) of this section shall prevent any court or any authority such as is mentioned in that subsection from excluding from the proceedings persons other than the parties thereto and their legal representatives --

(a) in proceedings before a court of voluntary jurisdiction and other proceedings which, in the practice of the Courts in Malta are, or are of the same nature as those which are, disposed of in chambers;

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

(c) to such extent as the court or other authority

(i) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or

(ii) may be empowered or required by law to do so in the interests of defence, public safety, public order, public morality or decency, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty:

Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular 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 the nature of the offence charged;

(b) shall be given adequate time and facilities for the preparation of his defence;

(e) shall be permitted to defend himself in person or by a legal representative and a person who cannot afford to pay for such legal representation as is reasonably required by the circumstances of his ease shall be entitled to have such representation at the public expense;

(d) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court and to obtain the attendance of witnesses subject to the 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 applying to witnesses called by the prosecution; and

(e) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,

and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(7) When a person is tried for any criminal offence, the 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 law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(8) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed.

(9) No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal; 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 inconsistent with or in contravention of this subsection by reason only that it authorises any court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so however that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment 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.

(11) In this section "legal representative" means a person entitled to practice 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.

40. (1) All persons in Malta shall have full freedom of conscience and enjoy the free exercise of their respective mode of religious worship.

(2) No person shall be required to receive instruction in religion or to show knowledge or proficiency in religion if, in the case of a person who has not attained the age of sixteen years, objection to such requirement is made by the person who according to law has authority over him and, in any other case, if the person so required objects thereto:

Provided that no such requirement shall be held to be inconsistent with or in contravention of this section to the extent that the knowledge of, or the proficiency or instruction in, religion is required for the teaching of such religion, or for admission to the priesthood or to a religious order, or for other religious purposes and except so far as that requirement is shown not to be reasonably justifiable in a democratic society.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1), to the extent that the law in question makes provision that is reasonably required in the interests of public safety, public order, public morality or decency, public health, or the protection of the rights and freedoms 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.

41. (1) Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinion without interference, freedom to receive ideas and information without interference, 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 freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that the law in question makes provision --

(a) that is reasonably required --

(i) in the interests of defence, public safety, public order, public morality or decency, or public health; or

(ii) for 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, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or

(b) that imposes restrictions upon public officers,

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.

(3) Anyone who is resident in Malta may edit or print a newspaper or journal published daily or periodically:

Provided that provision may be made by law --

(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 to that effect and of his age and to keep the prescribed 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 the 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, that edition shall be returned to the person from whom it was seized.

(5) No person shall be deprived of his citizenship under any provisions made under section 301(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions.

42. (1) Except with his own consent or by way of parental discipline no person shall be hindered in the enjoyment of his freedom 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 unions or associations for the protection of his interests.

(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 --

(a) that is reasonably required --

(i) in the interests of defence, public safety, public order, public morality or decency, or public health; or

(ii) for the purpose of protecting the rights or freedoms of other persons; or

(b) that imposes restrictions upon public officers,

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.

(3) For the purposes of this section, any provision in any law prohibiting the holding of public meetings or demonstrations in any one or more particular cities, towns, suburbs or villages shall be held to be a provision which is not reasonably justifiable in a democratic society.

43. (1) Extradition is only permitted in pursuance of arrangements made by treaty and under 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 except as a result of extradition proceedings or under any such law as is referred to in section 44(3) (b) of this Constitution.

(4) The provisions made by or under the Extradition Act, 1978, as for the time being in force, for the removal of persons from Malta to another Commonwealth country to undergo trial or punishment in that country in respect of an offence committed in that country and any general arrangements for the extradition of persons between Commonwealth countries to which Malta for the time being adheres shall be deemed, for the purposes of subsection (1) of this section, to be arrangements made by treaty, and subsection (2) shall not apply in relation to the removal or extradition of a person under such provisions or arrangements.

44. (1) No citizen of Malta shall be deprived of his freedom of movement, and for the purpose of this section the said freedom means the right to move freely throughout Malta, the right to reside in any part of Malta, the right to leave and the right to enter Malta.

(2) Any restriction on a citizen's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) 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 --

(a) for the imposition of restrictions that are reasonably required in the interests of defence, public safety, public order, public morality or decency, or public health 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;

(b) for the imposition of restrictions on the freedom of movement of any citizen of Malta who is not a citizen by virtue of section 22(1) or 25(1) of this Constitution;

(c) for the imposition of restrictions upon 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 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.

(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 22(1) or 25(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 having 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 22(1) of this Constitution; or

(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 22(1) or 25(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 22(1) or 25(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 subsection (34(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 persons 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 unless he has first obtained the consent of the Civil Court, First Hall.

(6) On any review by a tribunal in pursuance of this section of the case of a person whose freedom of movement has been restricted the tribunal may make recommendations concerning the necessity or expediency of continuing the restriction to the authority by which 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.

45. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory 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 performance of the functions of any public office or any public authority.

(3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex 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 --

(a) for the appropriation of public revenues or other public funds; or

(b) with respect to persons who are not citizens of Malta; or

(c) with respect to adoption, marriage, dissolution of marriage, burial, devolution of property on death or any matters of personal law not herein before specified; or

(d) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description and to any other provision of this Constitution, is reasonably justifiable in a democratic society; or

(e) for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency;

Provided that paragraph (c) of this subsection shall not apply to any law which makes any provision that is discriminatory, either of itself or in its effect by affording different treatment to different persons attributable wholly or mainly to their respective description by sex.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision:

(a) with respect to qualifications for service or conditions of service in any disciplined force; or

(b) with respect to qualifications (not being qualifications specifically relating to sex) for service as a public officer or for service of a local government authority or a body corporate established for public purposes by any law.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.

(7) 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 (not being provisions specifically relating to sex), whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 38, 40, 41, 42 and 44 of this Constitution, being such a restriction as is authorised by section 38(2), 40(2), 41(2), 42(2) or 44(3).

(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

(9) A requirement, however made, that the Roman Catholic Apostolic Religion shall be taught by a person professing that religion shall not be held to be inconsistent with or in contravention of this section.

(10) Until the expiration of a period of two years commencing on the 1st July, 1991, nothing contained in any law made before the 1st July, 1991, shall be held to be inconsistent with the provisions of this section, in so far as that law provides for different treatment to different persons attributable wholly or mainly to their respective description by sex.

(11) Nothing in the provisions of this section shall apply to any law or anything done under the authority of a law, or to any procedure or arrangement, in so far as such law, thing done, procedure or arrangement provides for the taking of special measures aimed at accelerating de facto equality between men and women, and in so far only as such measures, taking into account the social fabric of Malta, are shown to be reasonably justifiable in a democratic society.

46. (1) Subject to the provisions of subsections (6) and (7) of this section, any person who alleges that any of the provisions of sections 33 to 45 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him, or such other person as the Civil Court, First Hall, in Malta may appoint at the instance of any person who so alleges, may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the Civil Court, First Hall, for redress.

(2) The Civil Court, First Hall, shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1) 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 securing the enforcement of, any of the provisions of the said sections 33 to 45 (inclusive) to the protection of 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 that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

(3) 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 sections 33 to 45 (inclusive), that court shall refer the question to the Civil Court, First Hall, unless in its opinion the raising of the question is merely frivolous or vexatious; and that court shall give its decision on any question referred to it under this subsection and, subject to the provisions of subsection (4) of this section, the court in which the question arose shall dispose of the question in accordance with that 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 appeal shall lie from any determination under this section that any application or the raising of any question is merely frivolous or vexatious.

(6) Provision may be made by or under an Act of Parliament for conferring upon the Civil Court, First Hall, such powers in addition to those conferred by this section as are necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by this section.

(7) Rules of Court making provision with respect to the practice and procedure of the Courts of Malta for the purposes of this 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 shall be by application and that the hearing shall be as expeditious as possible.

47. (1) In this Chapter, save where the context otherwise requires, the following expressions shall have the following meanings respectively, that is to say -

"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

"court" means any court of law in Malta other than a court constituted by or under a disciplinary law and in sections 33 and 35 of this Constitution includes, in relation to an offence against a disciplinary law, a court so constituted;

"disciplinary law" means a law regulating the discipline --

(a) of any disciplined force; or

(b) of persons serving prison sentences;

"disciplined force" means --

(a) a naval, military or air force of the Government of Malta;

(b) the Malta Police Force;

(c) any other police force established by law in Malta

(d) the Malta prison service;

"member", in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

(2) In this Chapter "period of public emergency" means any period during which --

(a) Malta is engaged in any war; or

(b) there is in force a proclamation by the President declaring that a state of public emergency exists; or

(c) there is in force a resolution of the House of Representatives supported by the votes of not less than two-thirds of all the Members of the House declaring that democratic institutions in Malta are threatened by subversion.

(3) (a) Where any proclamation of emergency has been made, the occasion therefor shall forthwith be communicated to the House of Representatives and, if the House is then separated by such adjournment or prorogation as will not expire within ten days the President shall by proclamation summon it to meet within five days and it shall accordingly 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 to that day.

(b) A proclamation of emergency shall, unless it is sooner revoked by the President, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under the next following paragraph, but without prejudice to the making of another proclamation of emergency at or before the end of that period.

(c) If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of this paragraph) a resolution is passed by the House of Representatives approving its continuance in force for a further period, not exceeding three months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.

(4) A resolution such as is referred to in paragraph (c) of subsection (2) of this section shall, unless it is sooner revoked by the House of Representatives, cease to be in force at the expiration of twelve months beginning on the date on which it was passed or such shorter period as may be specified therein, but without prejudice to the passing of another resolution by the House of Representatives in the manner prescribed by that paragraph at or before the end of that period.

(5) In relation to any person who is a member of a disciplined force raised under any law in force 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 Chapter other than sections 33, 35 and 36.

(6) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present 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 Chapter.

(7) Until the expiration of a period ending on the 30th June, 1993, nothing contained in any such law as is specified in the First Schedule to this 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 33 to 45 (inclusive) of this Chapter and, subject as aforesaid, nothing done under the authority of any such law shall be held to be done in contravention of those sections.

(8) Where any provision of law enacted before the appointed day is held to be inconsistent with any of the provisions of sections 33 to 45 (inclusive) of this Chapter, no person shall be entitled to compensation in respect of anything done under the authority of that provision before it was so held to be inconsistent.

(9) Nothing in section 37 of this Constitution shall affect the operation of any law in force immediately before 3rd March 1962 or any law made on or after that date that amends or replaces any law in force immediately before that date (or such a law as from time to time amended or replaced in the manner described in this subsection) and that does not --

(a) add to the kinds of property that may be taken possession of or the rights over and interests in property that may be acquired;

(b) add to the purposes for which or circumstances in which such property may be taken possession of or acquired;

(c) make the conditions governing entitlement to compensation or the amount thereof less favourable to any person owning or interested in the property; or

(d) deprive any person of any right such as is mentioned in paragraph (b) or paragraph (c) of section 37(1) of this Constitution.

48. (1) There shall be a President of Malta who shall be appointed by Resolution of the House of Representatives.

(2) A person shall not be qualified to be appointed to the office of President if --

(a) he is not a citizen of Malta; or

(b) he holds or has held the office of Chief Justice or other judge of the Superior Courts; or

(c) he is not eligible for appointment to or to act in any public office in accordance with sections 109, 118 and 120 of this Constitution.

(3) The office of President shall become vacant --

(a) on the expiration of five years from the date of the appointment to that office; or

(b) if the holder of the office is removed from office by Resolution of the House of Representatives on the ground of inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or misbehaviour.

49. Whenever the office of President is temporarily vacant, and until a new President is appointed, and whenever the holder of the office is absent from Malta or on vacation or is for any reason unable to perform the functions conferred upon him by this Constitution, those functions shall be performed by such person as the Prime Minister, after consultation with the Leader of the Opposition, may appoint or, if there is no person in Malta so appointed and able to perform those functions, by the Chief Justice.

50. A person appointed to or assuming the functions of the office of President shall, before entering upon that office, take and subscribe the oath of office set out in the Second Schedule to this Constitution. Any person appointed to the office of President under subsection (1) of section 48 of this Constitution shall take the oath of office before the House.

CHAPTER VI: Parliament

PART I: Composition of Parliament

51. There shall be a Parliament of Malta which shall consist of the President and a House of Representatives.

52. (1) Subject to the provisions of this Chapter, the House of Representatives shall consist of such number of members, being an odd number and divisible by the number of electoral divisions, as Parliament shall from time to time by law determine. Such members shall be elected in the manner provided by or under any law for the time being in force in Malta in equal proportions from the electoral divisions referred to in section 56 of this Constitution, each division returning such number of members, being not less than five and not more than seven as Parliament shall from time to time by law determine; and such members shall be known as "Members of Parliament".

Provided that where

(i) at any general election, a political party obtains in the aggregate more than fifty per centum of all the valid votes cast at that election, as credited to its candidates by the Electoral Commission at the first count of all the votes, but the number of its candidates elected at such election is less than the total of all the other candidates so elected; or

(ii) at a general election which is contested by more than two political parties and in which only candidates of two of such parties are elected, a political party obtains a percentage of all the valid votes cast at such election, as credited to its candidates by the Electoral Commission at the first count of all the votes, which is greater than that obtained by any one other party, but the number of its candidates elected at such election is less than the number of the other candidates so elected, the number of members of the House of Representatives shall be increased by as many members as may be necessary in order that the party obtaining more than fifty per centum, or the larger percentage, of all the valid votes, as the case may be, shall have one member more than the total of the other candidates elected at that election; and, in any such case, such persons shall be declared by the Electoral Commission to be elected to fill the additional seats created by this proviso who, being candidates of the party last mentioned at such elections, were credited by the Electoral Commission at the last count, with the highest or next higher number of votes without being elected, irrespective of the division in which such highest or higher number of votes occurs.

(2) If any person who is not a member of the House of Representatives is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House in addition to the other members:

Provided that in any such case the Speaker shall not be treated as a member of the House for the purpose of establishing the number of votes required to support a bill for any of the purposes of section 66 of this Constitution.

53. Subject to the provisions of section 54 of this Constitution, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be qualified to be so elected unless, he has the qualifications for registration as a voter for the election of members of the House of Representatives mentioned in section 57 of this Constitution.

54. (1) No person shall be qualified to be elected as a member of the House of Representatives --

(a) if he is a citizen of a country other than Malta having become such a citizen voluntarily or is under a declaration of allegiance to such a country;

(b) save as otherwise provided by Parliament, if he holds or is acting in any public office or is a member of the armed forces of the Government of Malta;

(e) 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, a contract with the Government of Malta being a contract of works or a contract for the supply of merchandise to be used in the service of the public and has not, within one month before the date of election, published in the Gazette a notice setting out the nature of any such contract and his interest, or the interest of any such partnership or company, therein;

(d) if he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Malta;

(e) if he is interdicted or incapacitated for any mental infirmity or for prodigality by a court in Malta, or is otherwise determined in Malta to be of unsound mind;

(f) if he is under sentence of death imposed on him by any court in Malta or is serving a sentence of imprisonment (by whatever name called), exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(g) if he holds or is acting in any office the functions of which involve any responsibility for, or in connection with, the conduct of any election of members of the House of Representatives or the compilation or revision of any electoral register;

(h) if he is disqualified for membership of the House of Representatives by or under any law for the time being in force in Malta by reason of his having been convicted of any offence connected with the election of members of the House of Representatives.

(2) For the purposes of paragraph (f) of subsection (1) of this section --

(a) two or more sentences that are required to be served consecutively shall be regarded as separate sentences if none of them exceeds twelve months, but if any one of them exceeds that term they shall be regarded as one sentence; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

(3) A person shall not be treated as holding, or acting in a public office for the purpose of paragraph (b) of subsection (1) of this section --

(a) if he is on leave of absence pending relinquishment of a public office;

(b) if he is a teacher at the University of Malta who is not by the terms of his employment prevented from the private practice of his profession or called upon to place his whole time at the disposal of the Government of Malta.

55. (1) The seat of a member of Parliament shall become vacant --

(a) upon the next dissolution of Parliament after his election;

(b) if he resigns his seat by writing under his hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from Malta, to the Deputy Speaker;

(c) if he becomes a party to a contract with the Government of Malta being a contract of works or a contract for the supply of merchandise to be used in the service of the public, 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 if he becomes a partner with unlimited liability in a partnership or a director or manager of a company that is a party to any such contract:

Provided that he shall not vacate his seat under the provisions of this paragraph if before becoming a party to the contract or before, or as soon as practicable after becoming otherwise interested in the contract (whether as a partner with unlimited liability in a partnership or as a director or manager of a company) he discloses to the Speaker the nature of the contract and his interest or the interest of the partnership or company therein and the House of Representatives by resolution exempts him from the provisions of this paragraph;

(d) if he is absent from the sittings of the House of Representatives for such period and in such circumstances as may be prescribed by the Standing Orders of the House;

(e) if he ceases to be a citizen of Malta;

(f) if he ceases to be qualified for registration as a voter for the election of members of the House of Representatives;

(g) subject to the provisions of subsection (2) of this section, if any circumstances arise that if he were not a member of the House of Representatives, would cause him to be disqualified for election thereto.

(2) (a) If circumstances such as are referred to in paragraph (g) of subsection (1) of this section arise because any member of the House of Representatives is under sentence of death or imprisonment, interdicted or incapacitated or adjudged to be of unsound mind, adjudged or otherwise declared bankrupt or convicted of an offence connected with elections and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so however that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.

(b) If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(c) If at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance 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 the interdiction or incapacitation of a member of the House of Representatives, the taking of any action for the review of that order before the Civil Court, First Hall.

56. (1) The members of the House of Representatives shall be elected upon the principle of proportional representation by means of the single transferable vote from such number of electoral divisions, being an odd number and not less than nine and not more than fifteen, as Parliament shall from time to time determine.

(2) The election of members of the House of Representatives shall be free of illegal or corrupt practices and foreign interference.

(3) It shall be the duty of the Electoral Commission to suspend the election, either in all electoral divisions or in any one or more of such divisions, if it has reasonable ground to believe that illegal or corrupt practices or other offences connected with the elections have been committed or there has been foreign interference and such practices, offences or interference have so extensively prevailed or have been of such nature that they may reasonably be expected to affect the result of the election, in all or in any one or more of the electoral divisions

(4) In any case in which an election is suspended under subsection (3) of this section, the Chief Electoral Commissioner shall forthwith refer the matter to the constitutional court for its decision.

(5) Where any of the grounds on which an election may be suspended under subsection (3) of this section exist and the election has not been suspended, or where illegal or corrupt practices or other offences or foreign interference as are referred to in that subsection may reasonably be supposed to have affected the result of an election, in all or in any one or more of the electoral divisions, any person entitled to vote at that election may, not later than three days after the publication of the official result of the election, refer the matter to the Constitutional Court for its decision.

(6) Any reference to the Constitutional Court under either subsection (4) or subsection (5) of this section shall be made and shall be determined by that Court in accordance with any law for the time being in force in Malta. On any such reference the Court shall, without prejudice to any other powers, have power to annul the election, in all or in any one or more of the electoral divisions, on any of the grounds mentioned in the said subsections, and to give such directions and orders and to provide such redress and other remedies as it may deem appropriate in the circumstances and in particular to ensure that a free election, in place of any one that may have been annulled, be held at the earliest possible opportunity.

(7) Where an election has been annulled under subsection (6) of this section, the result of the election shall not be complete before the publication of the official result of a valid election in all electoral divisions.

(8) Except by a bill for an Act of Parliament passed in the manner specified in subsection (2) of section 66 of this Constitution, no alteration in any law shall be made --

(a) whereby any act or omission shall cease to be an illegal or corrupt practice or other offence relating to the election of members of the House of Representatives or foreign interference or

(b) which alters or adds to the circumstances or conditions in which or under which an act or omission is such a practice or other offence or foreign interference or

(c) reduces the punishment to which from time to time any such practice or other offence or interference renders the offender liable;

and for the purposes of this subsection the provisions of subsection (7) of section 66 of-this constitution shall apply as if references to the alteration to any of the provisions of this Constitution were references to the alteration of any law.

(9) No person shall vote at the election of members of the House of Representatives for any electoral division who is not registered under any law for the time being in force in Malta as a voter in that division.

(10) At the election of members of the House of Representatives --

(a) voting shall be by ballot and shall be carried out in such a manner as not to disclose the way in which the vote of any particular voter is given; and

(b) no person shall be permitted to vote on behalf of another:

Provided that provision may be made by law whereby, if a person is unable, by reason of blindness, other physical cause or illiteracy to mark on his ballot paper, his ballot paper may be marked on his behalf and on his directions by some other person officially supervising the poll at the place of voting.

(11) Ballot papers shall be drawn up in such a manner as to enable illiterates to distinguish between the political parties to which candidates belong.

(12) Candidates and their agents shall be given facilities to watch the transportation of ballot boxes and the sealing and unsealing thereof.

(13) The expressions "corrupt practice", "offences connected with the election of members of the House of Representatives" and "foreign interference" have the meaning assigned to them by a law for the time being in force regulating the conduct of elections or foreign interference with respect to elections, and any such law shall be deemed for the purposes of this section and of sections 32 to 47 (inclusive) of this Constitution to be reasonably required in the interests of public order and reasonably justifiable in a democratic society.

57. Subject to the provisions of section 58 of this Constitution, a person shall be qualified to be registered as a voter for the election of members of the House of Representatives if, and shall not be qualified to be so registered unless

(a) he is a citizen of Malta;

(b) he has attained the age of eighteen years; and

(c) he is resident in Malta and has during the eighteen months immediately preceding his registration been a resident for a continuous period of six months or for periods amounting in the aggregate to six months:

Provided that this paragraph shall not apply to a person who is ordinarily resident in Malta but has not been resident in Malta as required by this paragraph by reason of service abroad in the public service, including service in the offices referred to in subsection (3) of section 124 of this Constitution, or by reason of service abroad in, or as a member of, a disciplined force as defined in section 47 of this Constitution.

58. No person shall be qualified to be registered as a voter for the election of members of the House of Representatives if --

(a) he is interdicted or incapacitated for any mental infirmity by a court in Malta or is otherwise determined in Malta to be of unsound mind;

(b) he is under sentence of death imposed on him by any court in Malta or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or

(c) he is disqualified for registration as a voter by or under any law for the time being in force in Malta by reason of his having been convicted of any offence connected with the election of members of the House of Representatives.

59. (1) When the House of Representatives first Speaker and meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker of the House; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the house shall, as soon as practicable, elect another person to that office.

(2) The Speaker may be elected either --

(a) from among persons who are members of the House of Representatives, but are not Ministers or Parliamentary Secretaries, or

(b) from among persons who are not members of the House of Representatives and are qualified for election as members thereof.

(3) When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the Speaker, the 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 the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as convenient, elect another such member to that office.

(4) A person shall vacate the office of Speaker or Deputy Speaker --

(a) in the case of a Speaker elected from among the members of the House of Representatives 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 vacate his office by reason only that he has ceased to be a member of the House on a dissolution of Parliament, until the House first meets after that dissolution;

(ii) if he is appointed to be a Minister or a Parliamentary Secretary;

(b) in the case of a Speaker elected from among persons who are not members of the House of Representatives --

(i) when the House first meets after any dissolution of Parliament;

(ii) if any circumstances arise that would cause him to be disqualified for election as a member of the House of Representatives;

(c) if he announces his resignation of. his office to the House of Representatives or if by writing under his hand addressed, 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 the 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 the Deputy Speaker, if he is elected to be Speaker.

(5) (a) If, by virtue of subsection (2) of section 51; of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives 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 seat in the House or resumes 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 Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives by virtue of subsection (2) of section 55 of this Constitution, by such member of the House (not 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 the House (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose.

(b) if the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of subsection (2) of section 55 of this Constitution, he shall also resume the performance of his functions of Speaker or Deputy Speaker, as the case may be.

60. (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 four 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 President, acting in accordance with 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 Electoral Commission if he is a Minister, a Parliamentary Secretary, a member of, or a candidate for election to, the House of Representatives or a public officer.

(5) Subject to the provisions of this 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 were not a member of the Commission, would cause him to be disqualified for appointment as such.

(6) Subject to the provisions of subsection (7) of this section, a member of the Electoral Commission may be removed from office by the President acting in accordance with the advice of the Prime Minister.

(7) A member of the Electoral Commission shall not be removed from office except for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.

(8) If the office of a member of the Electoral Commission is vacant or if a member is for any reason unable to perform the functions of his office, the President, acting in accordance 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 appointed shall, subject to the provisions of subsections (5), (6) and (7) 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.

(9) In the exercise of its functions under this Constitution the Electoral Commission shall not