CCPR/C/58/Add.6 page 100
C.
CAYMAN ISLANDS
1.
1. General
The Constitution of the Cayman Islands is contained in the Cayman Islands (Constitution) Order 1972 (S.I. 1972 No. 1101), made by Order-in-Council under section 5 of the West Indies Act No. 1962, as subsequently amended by S.I. 1984 No. 126 and
S.I. 1987 No. 2199.
2. The Order provides for the office of Governor, the Executive Council and the Legislative Assembly. It does not make detailed provision for the judiciary, which is regulated primarily by local legislation and operates wholly independently on the executive and the legislature. By virtue of section 6 of the Grand Court Law 1975, judges may be removed from office only for inability to discharge the functions of office or for misbehaviour, and only in accordance with directions given by the Secretary of State of H.M. Government.
3.
The powers and duties of each can be outlined as follows:
(a) Governor. The Governor is the representative of the Crown and presides at meetings of the Executive Council. He is obliged to consult with Council except in the case of certain reserved matters, including defence, external affairs, internal security, the police and the appointment and terms of employment of civil servants. In any case where he is obliged to consult Council, the Governor must act in accordance with the advice given, unless he considers it inexpedient in the interests of public order, public faith or good government to do so (and in such cases only with the approval of the Secretary of State, unless the matter is urgent). The Governor is not obliged to consult the Executive Council in any case in which he considers that Her Majesty's Service would sustain material prejudice, that the matter is too unimportant or too urgent;
(b) Executive Council. The Council advises the Governor on the administration of the Islands. It is composed of four members elected from the elected representatives in the Legislative Assembly, each with a range of executive responsibilities allocated by the Governor, and three ex officio members (the Financial Secretary, the Attorney-General and the Administrative Secretary);
(c) Legislative Assembly. There are 12 elected representatives of 6 electoral districts in the Islands. Elections are held every 4 years on a secret ballot by adult franchise (18 and over). In addition, the 3 ex officio members of the Executive Council also serve as members of the Assembly. The Assembly's powers are to advise on and consent to laws "for peace, order and good government" of the Islands: in effect, and subject to what follows, it makes the law. Any member may introduce a bill on such a matter. Bills cannot become law without the assent of the Governor and he, by the Cayman Islands Royal Instructions 1972, cannot (except in cases of urgent necessity) assent to any bill "the provisions of which appear to him to be inconsistent with obligations imposed by treaty" without the prior instructions of Her Majesty through a Secretary of State. Any law assented to by the Governor may be disallowed by Her Majesty acting by a Secretary of State. The Governor presides at meetings of the Legislative Assembly with a casting (but not an