Article 26 New sections 55A, 55B and 55C added to Constitution.
The Constitution shall be amended by the addition, immediately after section 55, of the following new sections:
“Office of Attorney– General.
55A(1)The office of Attorney–General shall be a public office and the Attorney–General shall be the principal legal adviser to the Government.
(2)Power to make appointments to the office of Attorney– General is vested in the Governor acting in his discretion.
(3)Subject to the following provisions of this section, the Attorney–General shall vacate his office when he attains the age of fifty–five years:
Provided that the Governor may permit an Attorney–General who attains the age of fifty–five years to continue in office until he has attained such later age, not exceeding the age of sixty–five years, as may have been agreed between the Governor and that Attorney General.
(4)It shall be lawful to make an appointment of an Attorney– General for such term as may be specified in the instrument of appointment and the following provisions of this section shall have effect in relation to any person so appointed as if he would attain the retiring age applicable to that office on the day on which the specified term expires.
(5)The Attorney–General may be removed from office only for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (6) of this section.
(6)The Attorney–General shall be removed from office by the Governor if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has advised the Governor that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(7)If the Governor, acting in his discretion, considers that the question of removing the Attorney–General from office for inability as aforesaid or for misbehaviour ought to be investigated, or the Chief Justice represents to the Governor that that question ought to be investigated, then—
(a)the Governor shall appoint a tribunal, which shall consist of a Chairman and not less that two other members selected by the Governor, acting in his discretion, from among persons who hold or have held high judicial office; and
(b)that tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Governor whether the Attorney–General ought to be removed from office for inability as aforesaid or for misbehaviour.
(8)The provisions of the Commissions of Inquiry Law shall, subject to the provisions of this section, apply as nearly as may be in relation to tribunals appointed under subsection (7) of this section or, as the context may require, to the members thereof as they apply in relation to Commissions or Commissioners appointed under that Law.
(9)If the question of removing the Attorney–General from office has been referred to a tribunal under subsection (7) of this section, the Governor, acting in his discretion, may suspend the Attorney–General from performing the functions of his office, and any such suspension may at any time be revoked by the Governor, acting in his discretion, and shall in any case cease to have effect if the tribunal advises the Governor that the Attorney–General should not be removed from office.
(10)References in subsections (3) to (9) of this section to the Attorney–General do not include references to a person appointed to act in the office of Attorney–General during any period when it is vacant or the holder thereof is unable to perform the functions thereof; and the appointment of such a person may be revoked by the Governor, acting in his discretion, at any time before the expiration of that period.”
“Office of Auditor–General.
55B(1)The office of Auditor–General shall be a public office and power to make appointments to the office of the Auditor– General is vested in the Governor acting in his discretion.
(2)Subject to the following provisions of this section, the Auditor–General shall vacate his office when he attains the age of fifty–five years:
Provided that the Governor may permit an Auditor–General who attains the age of fifty–five years to continue in office until he has attained such later age, not exceeding the age of sixty–five years, as may have been agreed between the Governor and that Auditor– General.
(3)It shall be lawful to make an appointment of an Auditor– General for such term as may be specified in the instrument of appointment and the following provisions of this section shall have effect in relation to any person so appointed as if he would attain the retiring age applicable to that office on the day on which the specified term expires.
(4)The Auditor–General may be removed from office only for inability to discharge the functions of his office (whether arising from inability of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (5) of this section.
(5)The Auditor–General shall be removed from office by the Governor if the Governor, acting in his discretion, is satisfied that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(6)During any period when the question of removing the Auditor–General from office for inability as aforesaid or for misbehaviour is being investigated by, or in pursuance of directions given by, the Governor, the Governor, acting in his discretion, may suspend the Auditor–General from performing the functions of his office.
(7)References in subsections (2) to (6) of this section to the Auditor–General do not include references to a person appointed to act in the office of Auditor–General during any period when it is vacant or the holder thereof is unable to perform the functions thereof; and the appointment of such a person may be revoked by the Governor, acting in his discretion, at any time before the expiration of that period.”.
“Pensions.
55C(1)The law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, gratuity or other like allowance (in this section referred to as an award) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
(2)For the purposes of this section, the relevant day is—
(a)in relation to an award granted before the date of the coming into force of the Cayman Islands (Constitution) (Amendment) Order 1993, the day on which the award was granted;
(b)in relation to an award granted or to be granted on or after the said date to or in respect of a person who was a public officer before that date, the day immediately before that date;
(c)in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after that date, the day on which he becomes a public officer.
(3)Where any sum is required for the payment of an award and no, or insufficient, provision is made therefor under a law made under this Constitution, that sum shall be charged upon and paid out of the revenues of the Islands.”.