BERMUDA
Bermuda
Bermuda
(Overseas territory of the United Kingdom)
Joined United Nations:  24 October 1945
Human Rights as assured by their constitution
Updated 20 January 2013
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE
INDIVIDUAL

Fundamental rights and freedoms of the individual
1 Whereas every person in Bermuda is entitled to the fundamental rights and freedoms of the individual, that is to say, has 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 and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation, 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.

Protection of right to life
2 (1) No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence
of which he has been convicted.
(2) 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,
to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
(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 a result of a lawful act of war.

Protection from inhuman treatment
3 (1) No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
(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 that was lawful in Bermuda immediately
before the coming into operation of this Constitution [2 June 1968].

Protection from slavery and forced labour
4 (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, "forced labour" does not include—
(a) any labour required in consequence of the sentence or order of a court; (b) 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 in a
naval, military or air force, any labour that that person is required by law to perform in place of such service;
(c) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a
court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he is detained; or
(d) any labour required during a period of public emergency (that is to say, a period to which section 14 of this Constitution
applies) or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the
requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a
result of that other emergency or calamity, for the purpose of dealing with that situation.

Protection from arbitrary arrest or detention
5 (1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases:
(a) in execution of the sentence or order of a court, whether established for Bermuda or some other country, in respect of a criminal
offence of which he has been convicted or in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the order of a court punishing him for contempt of that court or of another court or tribunal;
(c) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed upon him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion that he has committed, is committing, or is about to commit, a criminal offence;
(f) in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his
parent or guardian, for the purpose of his education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease or 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;
(h) for the purpose of preventing the unlawful entry of that person into Bermuda or for the purpose of effecting the expulsion,
extradition or other lawful removal from Bermuda of that person or the taking of proceedings relating thereto.
(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of
the reasons for his arrest or detention.
(3) Any person who is arrested or detained in such a case as is mentioned in subsection (1)(d) or (e) of this section and who is not
released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in
the said paragraph (e) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought
against him) 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 other
person.
(5) Any person who is arrested shall be entitled to be informed, as soon as he is brought to a police station or other place of custody,
of his rights as defined by a law enacted by the Legislature to remain silent, to seek legal advice, and to have one person informed by
telephone of his arrest and of his whereabouts.

Provisions to secure protection of law
6 (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing
within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence—
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence
charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice
or, where so provided by any law, by a legal representative at the public expense;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the
court, and to obtain the attendance 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;
(f) 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
(g) shall, when charged on information or indictment in the Supreme Court, have the right to trial by jury, and, except with his own
consent, the trial shall not take place his absence, unless he so conducts himself in the court 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.
(3) 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.
(4) 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 that is severer in degree or description than the maximum penalty that might have been imposed for that offence
at the time when it was committed.
(5) No person who shows that he has been tried by a 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 in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or
obligation shall be established by law and 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 case shall be given a fair hearing within a reasonable
time.
(9) All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation, including the
announcement of the decision of the court, shall be held in public.
(10) Nothing in subsection (9) of this section shall prevent the court from excluding from the proceedings persons other than the
parties thereto and their legal representatives to such extent as the court—
(a) may be empowered by law so to do and may consider necessary or expedient in circumstances where publicity would prejudice
the interests of justice, or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of
eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may be empowered or required by law to do so in the interests of defence, public safety or public order.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
(a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b) subsection (2)(e) of this section to the extent that the law in question imposes conditions that must be satisfied if witnesses called
to testify on behalf of an accused person are to be paid their expenses out of public funds;
(c) subsection (5) of this section to the extent that the law in question authorises a 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.
(12) In this section, "legal representative" means a person entitled to practise in Bermuda as a barrister and attorney of the Supreme
Court.

Protection for privacy of home and other property
7 (1) Except with his consent, 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—
(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development
of mineral resources, or the development or utilisation of any other property in such a manner as to promote
the public benefit; or
(ii) for the purpose of protecting the rights and freedoms of other persons;
(b) to enable an officer or agent of the Government, 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 that is lawfully on those premises and that belongs to the
Government or that authority or body corporate, as the case may be; or
(c) to authorise, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of
any person or property by order of a court or the entry upon any premises by such order, 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.

Protection of freedom of conscience
8 (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this
section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone
or in community with others, and both in public or in private, to manifest and propagate his religion or belief in worship, teaching,
practice and observance.
(2) Except with his consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his guardian) no
person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious
ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
(3) No religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that
community or denomination in the course of any education provided by that community or denomination whether or not that
community or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in
whole or in part, the cost of such course of education.
(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(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 makes provision which is reasonably required—
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or
belief without the unsolicited interference of persons professing any other religion or belief, 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.

Protection of freedom of expression
9 (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this
section the said freedom includes freedom to hold opinions and to receive and impart ideas and information without interference, 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 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 public health; or
(ii) for the purpose of protecting the rights, reputations and freedom 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, regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public
exhibitions or public entertainments; or
(b) that imposes restrictions upon public officers or teachers, 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 paragraph (b) of subsection (2) of this section in so far as that paragraph relates to public officers, "law" in
that subsection includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by
the Government.

Protection of freedom of assembly and association
10 (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that
is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form
or belong to trade unions or other 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 public health;
(ii) for the purpose of protecting the rights and freedoms of other persons; or
(b) that imposes restrictions upon public officers, 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 paragraph (b) of subsection (2) of this section, "law" in that subsection includes directions in writing regarding
the conduct of public officers generally or any class of public officer issued by the Government.

Protection of freedom of movement
11 (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, that is to say, the right to
move freely throughout Bermuda, the right to reside in any part thereof, the right to enter Bermuda and immunity from expulsion
therefrom.
(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) for the imposition of restrictions on the movement or residence in Bermuda or on the right to leave Bermuda of persons generally
or any class of persons that are reasonably required—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights an freedoms of other persons, 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 removal of a person from Bermuda to be tried or punished in some other country for a criminal offence under the law of
that country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence
under the law of Bermuda of which he has been convicted;
(c) for the imposition of restrictions on the movement or residence within Bermuda or the right to leave Bermuda of public officers
that are reasonably required for the purpose of ensuring the proper performance of their functions;
(d) for the imposition of restrictions on the movement or residence within Bermuda of any person who does not belong to Bermuda or
the exclusion or expulsion therefrom of any such person;
(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Bermuda;
(f) for the imposition of restrictions, by order of a court, on the movement or residence within Bermuda of any person or on any
person's right to leave Bermuda either in consequence of his having been found guilty of a criminal offence under the law of Bermuda
or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings
preliminary to trial or for proceedings relating to his extradition or lawful removal from Bermuda; or
(g) for the imposition of restrictions on the right of any person to leave Bermuda that are reasonably required in order to secure the
fulfilment of any obligations imposed by law, except so far as the 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 paragraph (c) of subsection (2) of this section, "law" in that subsection includes directions in writing regarding
the conduct of public officers generally or any class of public officer issued by the Government.
(4) Any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent
with or in contravention of this section.
(5) For the purposes of this section, a person shall be deemed to belong to Bermuda if that person—
(a) possesses Bermudian status;
(b) is a citizen of the United Kingdom and Colonies by virtue of the grant by the Governor of a certificate of naturalisation
under the British Nationality and Status of Aliens Act 1914 [1914 c.17] or the British Nationality Act 1948 [1948 c.56];
[NOTE by the British Nationality Act 1981 section 51 without prejudice to subsection (3)(c) thereof in any UK statutory instrument
made before 1 January 1983 "British subject" and "Commonwealth citizen" have the same meaning and in relation to any time after 1
January 1983 means a person who has the status of a Commonwealth citizen under the British Nationality
Act 1981]
(c) is the wife of a person to whom either of the foregoing paragraphs of this subsection applies not living apart from such person
under a decree of a court or a deed of separation; or
(d) is under the age of eighteen years and is the child, stepchild or child adopted in a manner recognised by law of a person to whom
any of the foregoing paragraphs of this subsection applies. Protection from discrimination on the grounds of race, etc.
12 (1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision which is
discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (8) and (9) 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 or creed whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are
accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision—
(a) for the appropriation of revenues or other funds of Bermuda or for the imposition of taxation (including the levying of fees for the
grant of licences);
(b) with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement or
residence within, Bermuda of persons who do not belong to Bermuda for the purposes of section II of, this Constitution;
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons
connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other
like matters that is the personal law applicable to persons of that description; 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, is reasonably justifiable in a democratic society.
(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 requires a person to possess Bermudian status or belong to Bermuda for the purposes of section 11 of this Constitution or to
possess any other qualification (not being a qualification specifically relating to race, place of origin, political opinions, colour or creed)
in order to be eligible for appointment to any office in the public service or in a disciplined force or any office in the service of a local
government authority or of a body corporate established directly by any law for public purposes.
(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) Subject to the provisions of subsection (8) of this section, no person shall be treated in a discriminatory manner in respect of
access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses,
licensed premises, places of entertainment or places of resort.
(8) 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 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 section 7, 8, 9, 10 and 11 of this
Constitution, being such a restriction as is authorised by section 7(2)(a), 8(5), 9(2), 10(2) or 11(2)(a), as
the case may be.
(9) 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.

Protection from deprivation of property
13 (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 the following conditions are satisfied, that is to say—
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health, town and country planning or the development or utilisation of any property in such manner as to promote the
public benefit or the economic well-being of the community; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to that taking of possession or acquisition—
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on
appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of
the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose
of obtaining prompt payment of that compensation; and
(d) giving to any party to proceedings in the Supreme Court relating to such a claim the same rights of appeal as are accorded
generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
(2) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section—
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right—
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of any law or forfeiture in consequence of a breach of any law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) by way of the taking of a sample for the purposes of any law;
(v) where the property consists of an animal upon its being found trespassing or straying;
(vi) in the execution of judgments or orders of a court;
(vii) by reason of its being in a dilapidated or dangerous state or injurious to the health of human beings, animals or plants;
(viii) in consequence of any law with respect to prescription or the limitation of actions; or
(ix) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for
the purposes of the carrying out thereon of work of reclamation, drainage, soil conservation or the conservation of other natural
resources or work relating to agricultural development or improvement (being work relating to such development
or improvement that the owner or occupier of the land has been required, and has, without reasonable and lawful excuse, refused or
failed to carry out), 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; or
(b) to the extent that the law in question makes provision for the taking possession or acquisition of any of the following property
(including an interest in or right over property), that is to say—
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the
purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating
the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(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) of this section to the extent that the law in question makes provision 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 established by law for public purposes in which no moneys have been invested other than
moneys provided from public funds.

Provisions for time of war or emergency
14 (1) This section applies to any period when—
(a) Her Majesty is at war; or
(b) there is in force a proclamation (in this section referred to as a "proclamation of emergency") made under subsection (3) of this
section.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5,
any provision of section 6 other than subsections (4) and (6) thereof, or any provision of sections 7 to 12 (inclusive) of this
Constitution to the extent that the law in question makes in relation to any period to which this section applies provision, or authorises
the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation arising or existing
during that period for the purpose of dealing with that situation.
(3) The Governor may, by proclamation published in the Gazette, declare that a state of emergency exists for the purposes of this
section.
(4) Where any proclamation of emergency has been made, copies thereof shall as soon as is practicable be laid before both Houses,
and if for any cause those Houses are not due to meet within five days of the making of that proclamation the Governor shall, by
proclamation published in the Gazette, summon them to meet within that period and they shall accordingly meet and sit upon the day
appointed by the proclamation and shall continue to sit and act as if they had stood adjourned or prorogued to that day:
Provided that if the proclamation of emergency is made during the period between a dissolution of the Legislature and the next ensuing
general election—
(a) the Houses to be summoned as aforesaid shall be the Houses referred to in section 50 of this Constitution unless the Governor is
satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and
(b) if the Governor is so satisfied, he shall (instead of summoning the Houses so referred to meet within five days of the making of the
proclamation) summon the Houses of the new Legislature to meet as soon as practicable after the holding of that election.
(5) A proclamation of emergency shall, unless it is sooner revoked by the Governor, 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 subsection (6) of this
section, but without prejudice to the making of another proclamation of emergency at or before the end of that period.
(6) If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of
this subsection) a resolution is passed by each House 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.
(7) Where any person is lawfully detained in pursuance only of such a law as is referred to in subsection (2) of this section—
(a) he may from time to time request that his case shall be reviewed under paragraph (b) of this subsection but, where he has made
such a request during the period of that detention, no subsequent request shall be made during that period before the expiration of six
months from the making of the previous request; and
(b) where a request is made under paragraph (a) of this subsection, the case shall within one month of the making of the request be
reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice.
(8) On any review by a tribunal in pursuance of subsection (7) of this section of the case of a detained person, the tribunal may make
recommendations concerning the necessity or expediency of continuing his detention 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 such recommendations.
(9) The functions conferred upon the Governor by this section shall be exercised by him after consultation with the Premier:
Provided that if in the judgment of the Governor it is impracticable for him to consult with the Premier, those functions shall be
exercised by the Governor acting in his discretion.

Enforcement of fundamental rights
15 (1) If any person alleges that any of the foregoing provisions of this Chapter has been, is being or is likely to be contravened in
relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may
apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) 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 foregoing provisions of this Chapter to the protection of which the person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are
or have been available to the person concerned under any other law.
(3) If in any proceedings in any court established for Bermuda other than the Supreme Court or the Court of Appeal, any question
arises as to the contravention of any of the foregoing provisions of this Chapter, the court in which the question has arisen shall refer
the question to the Supreme Court unless, in its opinion, the raising of the question is merely frivolous or vexatious.
(4) An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme
Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of
Appeal of the appeal in any such case:
Provided that no appeal shall lie from a determination by the Supreme Court under this section dismissing an application on the
ground that it is frivolous or vexatious.
(5) The Legislature may by law confer upon the Supreme Court such powers in addition to those conferred by this section as may
appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it
by this section.
(6) The Legislature may by law make, or provide for the making of, provision with respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section;
(b) of the Supreme Court or the Court of Appeal in relation to appeals under this section from determinations of the
Supreme Court or the Court of Appeal; and
(c) of other courts in relation to references to the Supreme Court under subsection (3) of this section; including provision with respect
to the time within which any application, reference or appeal shall or may be made or brought.

Interpretation
16 (1) In this Chapter, unless it is otherwise expressly provided or required by the context—
"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 having jurisdiction in Bermuda, including Her Majesty in Council, but excepting, save in sections
2 and 4 of this Constitution, a court constituted by or under disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means—
(a) a naval, military or air force;
(b) any police force of Bermuda;
(c) the prison service of Bermuda;
"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 relation to any person who is a member of a disciplined force raised under the law of Bermuda, 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 the provisions of
this Chapter other than sections 2, 3 and 4.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in
Bermuda 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.
Prior to discovery by Portuguese explorer Juan de Bermudez in 1503, the island, named for
its explorer, was unoccupied. Bermuda was first settled in 1609 by shipwrecked English
colonists who were originally headed for Virginia in North America . Bermuda spent much of
the eighteenth Century in a protracted legal battle with the Bahamas (which had itself been
colonised by Bermudians in 1647) over the Turks Islands. Following the loss of Britain's
ports in thirteen of its former continental colonies, Bermuda was also used as a stopover
point between Canada and Britain's Caribbean possessions, and assumed a new strategic
prominence for the Royal Navy. Hamilton, a centrally located port founded in 1790, became
the seat of government in 1815. Though Bermuda has been classified as a self-governed
colony since 1620, internal self-government was bolstered by the establishment of a formal
constitution on 8 June 1968, and the introduction of universal adult suffrage; debate about
independence has ensued, although a 1995 independence referendum was soundly
defeated. CHAPTER I PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE
INDIVIDUAL enumerates human rights and conforms to the United Nations Universal
Declaration of Human Rights of which the United Kingdom is a signatory.  For the full
English text of Bermuda's constitution, click
here.
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