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Main Page :- The Constitutional Proposals for Cyprus submitted by Lord Radcliffe (December 1956)

 

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STATEMENT OF PROPOSALS

 

INDEX

A.I.-PURPOSE OF THE CONSTITUTION

A.II.-GOVERNOR AND LEGISLATIVE ASSEMBLY

B.-GENERAL DISTRIBUTION OF POWERS

1) Governor's Matters.

2) Self-Governing Matters.

3) Governor to act through Ministers.

4) Variation of the Constitution.

C.-SELF-GOVERNING MATTERS

C.I.-RESTRICTIONS AND GUARANTEES

1) General.

2) Religion.

3) Institutions and Schools.

4) Language.

5) Non-discrimination.

6) Expropriation.

7) Access to the Courts of Law.

8) Turkish Cypriot Affairs.

C.II-THE LEGISLATIVE ASSEMBLY

1) Establishment of Legislative Assembly.

2) Turkish Communal and other Representation.

3) Qualifications for Voting.

4) Qualifications for Election as a Member.

5) Nominated Members.

6) Vacation of Seats.

7) Constituencies.

8) Speaker and Deputy Speaker.

9) Language.

10) Privileges and Immunities of Members.

11) Oath of Allegiance.

12) Standing Orders.

13) Sessions of the Assembly; Prorogation and Dissolution.

14) Quorum.

15) Frequency of Elections.

16) Salaries and Allowances of Members.

17) Clerk and Deputy Clerk of the Assembly.

18) Government Gazette.

19) Power to vary certain provisions of the Constitution.

C.III—THE EXECUTIVE

1) The Chief Minister.

2) Other Ministers.

3) The Minister for Turkish Cypriot Affairs.

4) The Cabinet.

5) The Secretary to the Cabinet.

6) The Departments of Government.

7) Permanent Secretaries of Ministries and Offices.

8) Termination of Tenure of Office of Chief Minister.

9) Termination of Tenure of Office of other Ministers.

10) Governor to be kept informed of Cabinet business, &c.

D.-GOVERNOR'S MATTERS

1) Power to make Ordinances.

2) Validity of Ordinances.

3) Publication of Ordinances.

4) Matters falling to be dealt with by Ordinance.

5) The Governor's Secretariat.

6) Governor empowered to issue directions to Public Officers.

7) The Legal Secretary.

8) The Defence Committee.

9) Governor to have regard to the Restrictions and Guarantees.

10) Governor to submit proposed Ordinances to Her Majesty when directed to do so.

11) Governor not empowered to impose taxation.

E.-THE JOINT COUNCIL OF CYPRUS

1) Establishment of Joint Council.

2) Governor to summon and preside.

3) Membership of Joint Council.

4) Functions of the Council.

5) Governor's duties in relation to Council.

6) Legal Sub-Committee.

5) Governor's power to delegate to the Assembly the power to make laws affecting reserved matters.

F.-ASSENT TO LEGISLATION

1) No Bill to become Law before signification of Assent.

2) Provisions applicable to Assent.

3) Laws assented to may be challenged in legal proceedings.

4) The Reservation of Assent in matters affecting Currency, &c., the Royal Prerogative, Trustee Stock and the Constitution.

5) Assent in cases where Turkish Cypriot Affairs are concerned.

6) Assent in cases where the position of Public Officers will be affected.

7) Governor will signify assent in other cases.

G.I.-THE JUDICATURE

1) Establishment of a Supreme Court.

2) Composition of Supreme Court.

3) Manner of appointment of Judges.

4) Retirement of Judges.

5) Removal of Judges.

6) Salaries of Judges.

7) Supreme Court to determine validity of certain Laws.

G.II-THE JUDICIAL SERVICE COMMISSION

1) Establishment of the Commission and its functions.

2) Membership of the Commission.

3) Appointments, &c., by the Commission.

4) Chief Justice to exercise control over Judges, &c.

H.-BROADCASTING.

1) Broadcasting to be conducted by the Cyprus Broadcasting Corporation.

2) Functions of the Corporation.

3) Establishment of a Board of Trustees and its functions.

4) Appointment of Trustees.

5) Powers of Corporation to accept advertisements, and to enjoy revenue from the issue of Broadcasting licences.

6) Corporation to present annual report to Governor.

I.-INTER-COMMUNAL EDUCATION

1) Establishment of a Board of Inter-Communal Education and its functions.

2) Composition of the Board: salaries.

3) Co-option of additional members.

4) Decision of questions before the Board.

5) Board to be responsible to Governor.

6) Certain existing establishments to be taken over by the Board.

K.-THE PUBLIC SERVICE AND THE PUBLIC SERVICE COMMISSION

1) Establishment of a Public Service Commission and its functions; certain public officers to be excluded from its purview.

2) Composition of Public Service Commission; appointment of Members; tenure of office.

3) Certain persons not to be eligible for appointment to the Public Service Commission.

4) Salaries of Members of the Public Service Commission.

5) Powers of the Governor in relation to Public Officers within the range of the Public Service Commission.

6) Power to make Regulations in respect of functions of Public Service Commission.

7) Appointments of certain officers excluded from the ambit of the Public Service Commission.

L.-AUDITOR-GENERAL AND ATTORNEY-GENERAL

1) Auditor-General.

2) Attorney-General.

3) Salaries of Auditor-General and Attorney-General.

M.-TRIBUNAL OF GUARANTEES

1) Establishment of a Tribunal to enquire into allegations of discrimination, &c.

2) Jurisdiction of the Tribunal.

3) Submission of complaints to Tribunal: Power of Tribunal to determine its procedure.

4) Promulgation of decisions of the Tribunal.

5) Power of Tribunal to summon witnesses and require the production of documents.

6) Action where complaints are proved to be well founded.

7) Jurisdiction in respect of Governor's matters.

8) Appointment, salaries, &c., of Members.

9) Composition of Tribunal.

10) Registrar of the Tribunal.

11) Tribunal to report annually to the Legislative Assembly.

N.-AMENDMENT OF SPECIAL TURKISH LAWS

O.-GOVERNOR'S POWERS OF PARDON

P.I.-FINANCE : SPECIAL PROVISIONS

1) Cyprus Broadcasting Corporation.

2) Inter-Communal Education Board.

3) Police Force and Prisons.

4) Turkish Cypriot Affairs.

P.II-FINANCE : SELF-GOVERNING MATTERS

1) The Cyprus Consolidated Fund.

2) Minister of Finance to have annual Estimates prepared.

3) Estimates to be submitted to the Assembly.

4) Supplementary expenditure.

5) Charges on Consolidated Fund.

6) Issue of warrants in some cases.

P.III.-FINANCE : GOVERNOR'S MATTERS

1) The Defence Fund.

2) Governor to make an Appropriation Ordinance annually.

3) No monies to be paid without the warrant of the Governor.

4) Audit of Defence Fund.

Q.-EMERGENCY LAWS

APPENDIX A

 

 

PROPOSALS

A.I.-PURPOSE OF THE CONSTITUTION

The purpose of the Constitution is to provide for and to regulate the exercise of political power in the Island of Cyprus as a territory which is under the territorial sovereignty of Her Majesty The Queen.

A.II.-GOVERNOR AND LEGISLATIVE ASSEMBLY

(1) There will be a Governor and Commander-in-Chief in and over Cyprus who will have the powers and duties prescribed by the Constitution. He shall perform those duties in accordance with the Constitution and will exercise his powers in accordance with any instructions that may be given to him from time to time by Her Majesty either by Royal Instructions or through a Secretary of State.

(2) The Governor will be appointed by Her Majesty's Commission. There will be a Deputy Governor appointed by the Governor.

(3) There will be a Legislative Assembly for Cyprus and a Cabinet of Ministers responsible to that Assembly, who will have the powers and duties provided in the Constitution. They shall exercise those powers and perform those duties in accordance with the Constitution.

B.-GENERAL DISTRIBUTION OF POWERS

(1) The power to make laws and to conduct all aspects of executive administration in respect of the following matters :

(a) external affairs;

(b) the defence of Cyprus, either directly or indirectly as involved in the fulfilment by Her Majesty's Government of their international obligations and the defence of British interests in the Middle East or the interests of other Powers allied or associated with the United Kingdom;

(c) internal security;

will be retained in the hands of the Governor. These matters (a), (b) and (c) are called " Governor's matters."

(2) Subject to the retention of Governor's matters, the general power to make laws for the good government of Cyprus will be exercised by the Legislative Assembly. No such law will be valid as a law until the Governor has signified assent to it, but except in special cases which are provided for in the Constitution the Governor will signify that assent if a Bill has been duly passed by the Legislative Assembly.

Matters which come within the competence of the Legislative Assembly under the Constitution are called " self-governing matters."

The power of the Legislative Assembly to make laws on self-governing matters will be subject at all times to : —

(a) the provisions of the Constitution which safeguard the special interests of the various communities, religions and races in Cyprus and guarantee certain fundamental rights to all persons in Cyprus;

(b) the provisions of the Constitution which except the subjects of broadcasting and inter-communal education, and accord them special treatment in the interests of the different communities in Cyprus;

(c) the provisions of the Constitution which prescribe the Governor's duty to withhold or reserve assent to a Bill on the ground that it falls within a certain class or deals with certain matters, as later set out, or to make an Ordinance prevailing over other laws if he is of the opinion that the Ordinance is necessary in the interests of foreign affairs, defence or internal security;

(d) the provisions of the Constitution which allow for the making of Emergency Laws during a period of public emergency.

(3) Subject to the same restrictions, so far as relevant, the administration of government and the executive power in respect of self-governing matters will be exercised by the Governor through Ministers chosen from the Legislative Assembly. It will be his duty to act on their advice in such matters, except in those cases where the Constitution provides that he shall act at his discretion or after some prescribed form of consultation or recommendation.

(4) The provisions of the Constitution cannot be altered or revoked by Ordinance of the Governor or by Law of the Legislative Assembly except as follows :

(a) where the Constitution explicitly provides that a particular matter can be dealt with or altered by the Legislative Assembly, then it may be dealt with or altered accordingly so long as any prescribed conditions are properly observed;

(b) without prejudice to (a) any provisions as to the constitution, powers and procedure of the Legislative Assembly may be altered by it by law passed for the purpose if such law is concurred in by

(i) a majority of the members of the Legislative Assembly elected on the General Roll;

(ii) a majority of the members of the Legislative Assembly elected on the Turkish Cypriot Communal Roll;

(iii) a majority of the nominated members of the Legislative Assembly.

C.—SELF-GOVERNING MATTERS

C.I.-RESTRICTIONS AND GUARANTEES

(1) The provisions contained in the following paragraphs are fundamental restrictions on the powers of self-government to be granted by the Constitution, and no law, regulation or official action can conflict, interfere with or prevail over them.

(2) Religion.—All persons will be entitled to the free exercise in public or private, of any creed, religion or belief, the observance of which is not incompatible with public order and good morals.

(3) Institutions and Schools.—All persons acting individually, in association, or as a community, will be entitled to establish, maintain, manage and control at their own expense any charitable, religious and cultural institutions, and any schools and other instructional establishments, provided that such institutions, schools and establishments are so conducted as to be compatible with public order 'and good morals, with the right to use their own language and to exercise their own religion freely therein.

(4) Language.—All persons will be entitled to the free use of any language in private intercourse, in commerce, religion, in the press, or in publications of any kind or at public meetings.

(5) Non-discrimination.—There shall be no discrimination against any person on account of birth, nationality, language, race or religion. For this purpose discrimination means any action prejudicial to an individual which is based on his birth, nationality, language, race or religion as the case may be, and is not justly required by the circumstances of that birth, nationality, language, race or religion.

(6) Expropriation

(i) No person shall be deprived of any property, movable or immovable, by compulsory power unless it be for public purposes and unless just compensation is provided for the deprivation, to be made available with all reasonable expedition.

(ii) Any law authorising such deprivation of property shall secure to every claimant for compensation the right of access to the Supreme Court of Cyprus for the determination of the amount (if any) to be paid.

(iii) This guarantee will not extend to action taken for the divesting or taking possession of property in any case to which the duty to make compensation would not normally be regarded as applicable.

(7) Access to the Courts of Law.—There shall, be equality of access to the Courts of Law for all persons, whether individuals, associations or corporations. This guarantee is subject to the rules of law concerning proceedings by enemy aliens in time of war.

(8) Turkish Cypriot Affairs.—It shall not be lawful for the Legislative Assembly to make

(a) any law which repeals or alters the provisions of any of the following enactments, viz. :-

The Turkish Family (Marriage and Divorce) Laws (1951 and 1954).

The Turkish Religious Head (Mufti) Law (1953).

The Turkish Family Courts Law (1954).

The Evkaf and Vakfs Law (1955), or

(b) any law which deals with Turkish Cypriot educational, religious, charitable and cultural institutions or activities or any other matter which is exclusively of Turkish Cypriot concern (all of which matters are hereinafter referred to collectively as " Turkish Cypriot affairs "),

unless such law is supported by the votes of not less than two-thirds of the members of the Assembly elected by voters on the Turkish Cypriot communal roll.

C. II.-THE LEGISLATIVE ASSEMBLY

(1) There will be a Legislative Assembly consisting of a Speaker, a Deputy-Speaker and 36 other members.

(2) Six members will be elected by voters on a Turkish Cypriot communal roll, 24 will be elected by voters on a general roll, six will be nominated by the Governor. The Turkish Cypriot roll will be reserved exclusively for members of the Turkish Cypriot community : no member of this community may be entered as a voter on the general roll. All other persons qualified to vote will be entered on the general roll.

(3) Qualifications for Voting

(i) Sex : Male or Female.

(ii) Age : 21 years or upwards.

(iii) British subject born in Cyprus or otherwise legally a " native " of Cyprus if ordinarily resident in Cyprus.

(iv) Any other British subject ordinarily resident in Cyprus for two preceding years except persons not domiciled in Cyprus who are in the armed service of the Crown.

(v) Freedom from such disqualifications as mental incapacity, imprisonment, conviction for a previous electoral offence, as may be prescribed by the electoral law for the time being in force.

(4) Qualifications for election as member

(i) The same qualifications as those required as qualifications for voting, except that a member must be at least 25 years of age at date of election;

(ii) must not be under any acknowledgment of allegiance to a Foreign Power;

(iii) must not, unless specially excepted, be holder of Public Office or member of Civil Service or otherwise in service of Her Majesty;

(iv) must not be undischarged bankrupt;

(v) must not have any responsibility for compilation or revision of any electoral register, or any connection with the conduct of the election.

(5) Nominated members will be appointed by the Governor in his discretion. It will, however, be his duty to try to secure that at all times one at least of the nominated members is a British subject resident in Cyprus who belongs to the non-indigenous British community and that of the others one at least belongs to the Maronite community. A Nominated Member's qualifications will be the same as those required of an elected member.

(6) Vacation of seats. A member's seat will be vacated by :

(a) resignation;

(b) death;

(c) failure to retain all the qualifications required of a member as set out in (4) above;

(d) dissolution of the Legislative Assembly.

(7) Constituencies

(i) There will be 30 Constituencies, 24 General (excluding Turkish Cypriot) and six Turkish Cypriot, each constituency providing one seat in the Legislative Assembly.

(ii) Every voter will be entitled to one vote, to be exercised in his appropriate constituency.

(iii) There will be six Electoral Districts, namely Nicosia, Kyrenia, Famagusta, Larnaca, Limassol and Paphos. These districts will be divided into the 30 General and Turkish Cypriot Constituencies according to the scheme of division set out in Appendix A.

(iv) Prior to the first election that takes place under the Constitution the physical boundaries of the constituencies will be determined by a person appointed by the Governor to act as Commissioner for this purpose.

(8) The Speaker and Deputy-Speaker

(i) There will be a Speaker and a Deputy-Speaker who will be appointed by the Legislative Assembly at the beginning of each new Assembly according to the majority votes of the members. They may be chosen from the members of the Assembly or from outside the Legislative Assembly provided that if an elected member becomes Speaker or Deputy-Speaker, the seat in his constituency shall be declared vacant and a by-election shall be held to appoint a new member in his place. If at any time the Speaker is a Greek Cypriot, the person chosen to be Deputy-Speaker must be a Turkish Cypriot : if a Turkish Cypriot, the person chosen to be Deputy-Speaker must be a Greek Cypriot. But no Turkish Cypriot may be chosen to act as Speaker or Deputy-Speaker unless he is approved for that purpose by at least two-thirds of the members of the Legislative Assembly elected by voters on the Turkish Cypriot communal roll.

(ii) The duty of the Speaker will be to preside at the sittings of the Legislative Assembly, to regulate and conduct the business of the sittings, and in all things to be the guardian of the order and dignity of the proceedings of the House.

(iii) The Deputy Speaker shall exercise the duties of Speaker in the absence of the Speaker.

(iv) Neither the Speaker nor the Deputy Speaker will be entitled to vote in the Legislative Assembly or to take any part in its proceedings except in his capacity as such Speaker or Deputy Speaker.

(9) Language

(i) Members will be entitled to address the Legislative Assembly in the English, Greek, or Turkish language as they please, provided that an immediate oral translation of the speech into either or both of the other languages must be made available if any member so requests and the Speaker so directs.

(ii) There is to be a printed record of speeches affording translations of each speech into the other two languages.

(iii) All Bills and records are to be printed in English, Greek and Turkish. In case of doubt the English text is to be accepted as definitive.

(10) The Privileges and Immunities of members shall be such as may be prescribed by any Law passed for that purpose by the Legislative Assembly, provided that no more extensive privilege or immunity on any matter may be enjoyed by a member than that enjoyed by a member of the House of Commons of the United Kingdom.

(11) Each member of the Legislative Assembly before taking his seat shall take an oath or make an affirmation to the effect that so long as he is a member of the Assembly he will faithfully discharge his duties as a member of the Assembly and conduct himself as a loyal subject of Her Majesty.

(12) Standing Orders.-Prior to the first meeting of the Legislative Assembly the Governor will cause to be prepared a set of Standing Orders to govern the proceedings of the Legislative Assembly. These will be laid before the Legislative Assembly and shall be operative as its Standing Orders until any part of them is amended or revoked by resolution of the Legislative Assembly and except so far as they are so amended or revoked, provided that no such amendment or revocation shall be effective unless the majority voting in favour of it includes a majority of the Turkish Cypriot and nominated members combined. No Standing Order shall preclude the right of a member to address proper questions to a Minister.

(13) Sessions of the Legislative Assembly.-There must be at least one session of the Legislative Assembly in the course of each year. The Governor will have power to prorogue or dissolve the Legislative Assembly at his discretion provided that he will not exercise such powers on any occasion without previous consultation with the Chief Minister.

(14) Ten members shall constitute a quorum for the transaction of business in the Legislative Assembly. Unless otherwise provided in the Constitution the decisions of the Assembly will be by majority vote.

(15) Frequency of Elections.-A Legislative Assembly shall not be capable of remaining in being for a longer period than four years from the date of the preceding general election. It may be dissolved by the Governor before that time, but, unless so dissolved by him it shall stand dissolved automatically by the expiration of that period.

(16) Salaries and Allowances.—Members will be entitled to receive a salary and allowances in respect of their membership. An initial scale will be drawn up and published by the Governor before the date of the first general election under the Constitution, but the Legislative Assembly will have power to alter the scale at any time by a law passed for this purpose.

(17)-(i) There is to be a Clerk of the Assembly, who will be responsible for the preparing and circulating of Daily Orders and Notices of Motion, the custody of records, and the recording of votes. He will also be charged with the supervision of the administrative work incidental to the business of the Legislative Assembly.

(ii) The Clerk will be a Member of the Public Service. He will be appointed by the Speaker after consultation with the Chairman of the Public Service Commission, provided that the Governor may make a temporary appointment of a Clerk prior to the meeting of the first Legislative Assembly.

(iii) The Clerk shall be subject to retirement at the age prescribed for the retirement of Public Officers in Cyprus, but shall not be removable except on a resolution of the Legislative Assembly requiring his removal on the ground of misconduct or infirmity of body or mind, provided that no resolution shall be effective unless the majority voting in favour of it includes a majority of the Turkish Cypriot and nominated members combined. His salary shall be fixed by the Governor.

(iv) There shall be a Deputy Clerk whose appointment and conditions of service will be the same as those of the Clerk. If the Clerk is a Greek Cypriot the Deputy Clerk is to be a Turkish Cypriot, and if the Clerk is a Turkish Cypriot the Deputy Clerk is to be a Greek Cypriot.

(18) There shall be an official publication entitled The Government Gazette. Every Bill which is intended to be brought before the Legislative Assembly shall be published in the Gazette at a reasonable interval of time before it is to be brought forward unless the matter appears too urgent to admit of the delay involved.

(19)-(i) The Legislative Assembly will have power at any time to pass an Electoral Law altering as it thinks fit all or any of the provisions set out above which relate to :—

Qualifications or disqualifications for voting.

Qualifications for election as member.—Sex and age.

Constituencies.-Division and boundaries, but not so as to affect the total number of members.

Frequency of elections.-Duration of the Assembly, provided that the term shall not in any case exceed four years.

(ii) No such alteration which is intended to apply to voters on the Turkish Cypriot Communal roll, or to members elected by such voters, or to Turkish Cypriot constituencies, shall be operative unless it is supported by at least two-thirds of the members elected by voters on the Turkish Cypriot Communal roll.

C.III.-THE EXECUTIVE

(1) There will be a Chief Minister to act as the Head of the Government in self-governing matters. He will be appointed by the Governor according to his discretion but it will be the Governor's duty to select for this purpose-the person who appears to him to command the largest measure of general support among the members of the Legislative Assembly.

(2) The Governor will appoint such other persons being members of the Legislative Assembly to act as Ministers as shall be recommended to him by the Chief Minister.

(3) Apart from the Chief Minister and the other Ministers there will be a Minister for Turkish Cypriot Affairs who will be responsible for an Office dealing with Turkish Cypriot Affairs. He will be appointed by the Governor at his discretion from among the members of the Legislative Assembly elected by voters on the Turkish Cypriot communal roll.

(4) The Chief Minister, the Minister for Turkish Cypriot Affairs and the other Ministers appointed by the Governor shall constitute the Cabinet.

(5) There will be a Secretary of the Cabinet who shall be present as secretary at all its meetings. It will be his duty to ensure that meetings are summoned with due notice of the business proposed, that proper records are kept of all business done and decisions made, and that such decisions are duly communicated to the departments of Government concerned.

(6) The following will be the Departments of Government apart from the Chief Minister's Office and the Office for Turkish Cypriot Affairs : Ministry of the Interior and Local Government, Ministry of Finance, Ministry of Communications and Works, Ministry of Social Services, Ministry of Natural Resources, Ministry of Development. It will be within the power of the Legislative Assembly at any time by law passed for the purpose to add to or reduce the number of departments or to change their responsibilities and functions.

(7) There will be a Permanent Secretary for each Department and Office, who will be a public officer. Subject to the general direction and control of his Minister and to his instructions on matters of policy the Permanent Secretary will exercise supervision over the department for which his Minister is responsible.

(8) The Governor may at any time in his discretion relieve the Chief Minister of his office : but he will not do so unless he is satisfied either that the Chief Minister does not enjoy the general support of the majority of the members of the Legislative Assembly or that his removal is urgently required by the public interest. If at any time he is so satisfied he shall so inform the Chief Minister, whereupon the latter will be entitled to request the Governor to dissolve the Legislative Assembly with a view to testing the views of the electorate. Unless the Governor decides that for some special reason which bears upon the public interest it would not be right for him to accede to this request, of which special reason he shall inform the Chief Minister, he will dissolve the Legislative Assembly accordingly.

(9)—(i) The Governor may at any time in his discretion, but only after consultation with the Chief Minister, relieve any of the other Ministers (except the Minister for Turkish Cypriot Affairs) of his office and appoint in his place a successor recommended by the Chief Minister.

(ii) Upon the office of Chief Minister becoming vacant all other Ministers except the Minister for Turkish Cypriot Affairs shall be deemed ipso facto to have resigned their respective offices, provided that until a successor is appointed in his place each Minister will remain responsible for carrying out the normal duties of his office.

(iii) The Governor may at any time in his discretion relieve the Minister for Turkish Cypriot Affairs of his office and appoint another member of the Legislative Assembly similarly qualified in his place.

(10) It will be the duty of the Chief Minister to keep the Governor currently informed upon all matters relating to the policies of the Cabinet and to report to him accordingly. In addition, the Secretary of the Cabinet shall send to the Governor copies of all Cabinet papers at the time when they are circulated to members of the Cabinet.

D.-GOVERNOR'S MATTERS

(1) The Governor will have power whenever he thinks necessary to make laws with respect to Governor's matters. Such laws shall be called Ordinances. Each Ordinance shall be prefaced by a declaration to the effect that the Governor is of opinion that it is necessary for the purposes of external affairs, defence or internal security, as the case may be, to make the legislative provisions that it contains : and an Ordinance so made shall have the full force of law notwithstanding that it is in conflict with any other laws or enactments in force in Cyprus and to the extent necessary shall prevail over such laws.

(2) If an Ordinance is made by the Governor in the form prescribed neither his power to make it nor its validity shall be capable of being questioned in any Court of Law.

(3) Unless the Governor decides to the contrary because of the urgency of the matter prior notice of an intended Ordinance will be given in the Government Gazette. All Ordinances will be published in the Gazette as soon as they are made, and duly recorded. The publication will be in three languages, English, Greek and Turkish, and in case of doubt the English text is to be accepted as definitive.

(4) The following matters are enumerated as matters which in some cases it will always and in other cases it may sometimes be necessary to treat as included within the range of Governor's matters by virtue of the fact that they involve external affairs, defence or internal security, provided that the list is not to be taken as being exhaustive of the range of those subjects nor does it connote that there will not be aspects of some of those matters which have no bearing on the retained subjects and thus do not come within the scope of Ordinances :-

(a) the control and discipline of naval, military, air and police forces and the control and regulation of naval vessels and of air navigation and aircraft;

(b) the compulsory acquisition of land and buildings as required in connection with Governor's matters, for example for naval, military, air force or police purposes or for purposes connected with air navigation or aircraft;

(c) all forms of communication ancillary to naval, military, air force or police operations or air navigation;

(d) lands, buildings, docks, harbours and waters used for naval, military, air force or police purposes or for the purposes of any of the Governor's matters;

(e) prisons and the prison service;

(f) importation of goods;

(g) immigration, naturalisation of aliens, issue and visa of passports;

(h) postal and telegraphic censorship;

(i) shipping, air, telegraphic and wireless services between Cyprus and other countries;

(j) relations with foreign States, with any other part of Her Majesty's Dominions, or with the United Nations or Specialised Agencies of the United Nations.

(5) The Governor will maintain such secretariat and will, maintain or create such departments as he may think requisite to carry out the powers and duties of Government with regard to Governor's matters.

(6) The Governor's executive authority in respect of Governor's matters will extend to the giving of instructions to public officers in any department of the public service in Cyprus, if the Governor considers that these instructions are necessary for the execution of his retained powers. If any such order is given on any occasion the Governor must at the same time inform the Minister concerned.

(7) There will be a Legal Secretary to the Governor who will be responsible for advising him on all legal questions relating to the making of Ordinances and the exercise of power over Governor's matters or his duties as Governor. The Legal Secretary will also be responsible for initiating, conducting and if necessary discontinuing prosecutions for criminal offences arising under any Ordinance or otherwise relating to defence and internal security.

(8) There will be a Defence Committee under the presidency of the Governor for the purpose of advising him with regard to Governor's matters. The Committee will consist of the Deputy Governor, the Legal Secretary, representatives of the naval, military and air forces in Cyprus and such other persons as the Governor may invite to be members.

(9) In the making of any Ordinance and in authorising or requiring any executive act in respect of Governor's matters, the Governor must have regard to the Restrictions and Guarantees which have been set out above and will conduct his own administrative policy in conformity with what they require.

(10) The Governor shall comply with any instructions that may be given to him from time to time either by Royal Instructions or through a Secretary of State requiring him to submit any proposed Ordinance for approval before it is made. Apart from that any Ordinance made by the Governor may be disallowed by Her Majesty through a Secretary of State and shall cease to have effect as soon as the fact of disallowance has been made public.

(11) The Governor's power to make Ordinances will not extend to a power to raise money by taxation.

E.-JOINT COUNCIL OF CYPRUS

(1) There will be a body to be known as the Joint Council of Cyprus which will have for its primary purpose the consideration and discussion of matters of common concern to the retained side and the self-governing side of Government.

(2) The Council will meet from time to time as summoned by the Governor. He will preside at its meetings; in his absence the Deputy Governor will preside.

(3) The Council will consist of the following members : the Deputy Governor, the Chief Minister, one other member of the Cabinet appointed on his recommendation, the Minister for Turkish Cypriot Affairs, one of the service members of the Defence Committee designated by the Governor, the Attorney-General and the Legal Secretary. Members of the Council shall take a prescribed oath of secrecy.

(4) The Council shall endeavour to harmonise the relations between the two sides of government and to eliminate occasions of conflict by anticipating and discussing them. For this purpose the Council shall be kept informed, so far as may be reasonably practicable, as to legislation proposed by either side and as to proposed administrative action, and shall take such matters into its consideration.

(5) The Governor will invite the views of the members of the Council on matters discussed and will give due weight to the views expressed, but he will not be under obligation to act in accordance with them or in accordance with any particular preponderance of views.

(6) There will be a Standing Legal Sub-Committee of the Council, consisting of the Legal Secretary and the Attorney-General. One of its functions will be to settle which prosecutions for criminal offences are to be conducted by the Legal Secretary as affecting Governor's matters and which by the Attorney-General as affecting self-governing matters. For this purpose an officer to be known as the Director of Public Prosecutions may be set up to act as a channel between the Police and the Legal Sub-Committee with authority to act under the general instructions of the Committee.

(7) If at any time it shall appear to the Governor that some matter which he has power to deal with by way of Ordinance as being within the Governor's matters can with equal advantage be dealt with by a law of the Legislative Assembly, he may authorise and invite the Legislative Assembly to make a law for the purpose as if the matter were a self-governing matter and therefore within its powers. The authority will be conveyed by a special Ordinance, which shall specify any necessary limitations and conditions upon the authority conferred.

F.-ASSENT TO LEGISLATION

(1) No Bill passed by the Legislative Assembly shall become law unless and until the Governor has signified assent to it.

(2) The following conditions will apply to the Governor's action in giving his assent :-

(a)—(i) If he is of opinion that a Bill either deals in whole or in part with any matter that is one of the Governor's matters or includes provisions relating to such matters going beyond those which he has by Ordinance authorised the Legislative Assembly to enact, he will withhold his assent.

(ii) The Governor's decision to give or withhold assent will not be capable of being challenged, and if he signifies assent to a Bill the assent shall be conclusive of the question whether the Bill deals with Governor's matters or self-governing matters.

(iii) If the Governor withholds assent in any case it will be open to him, if he so decides, to return the Bill to the Legislative Assembly with an intimation that he can only signify assent if specified alterations are made to it with a view to taking it outside the range of Governor's matters. If the Bill is so amended he will signify assent accordingly.

(b)—(i) If it appears to the Governor that a Bill or any part of a Bill is or may be repugnant to the provisions of the Constitution which guarantee certain rights or otherwise limit the legislative power of the Legislative Assembly (except those provisions which relate to the division between Governor's matters and self-governing matters, as to which he shall be the sole judge) he may refer the Bill to the Supreme Court for a decision on the question whether the Bill or any specified parts of it are so repugnant.

(ii) An appeal shall lie from the decision of the Supreme Court to the Judicial Committee of the Privy Council.

(iii) No assent may be given pending the pronouncement of the decision of the Court or, if there is an appeal, pending the determination of the appeal.

(iv) The decision of the majority of the Judges of the Supreme Court shall be the decision of the Court and shall be pronounced in open Court by a single Judge, and no other opinion, assenting or dissenting, shall be pronounced or its existence disclosed.

(v) The Governor will not signify assent to a Bill which, or any part of which, has been decided to be repugnant to the Constitution. But if part only is held to be repugnant, he may return the Bill to the Legislative Assembly with an intimation that an amended Bill may be submitted.

(3) The fact that the Governor has signified assent to a Bill without referring it for advice to the Supreme Court will not preclude any person interested from subsequently challenging the validity of the law in legal proceedings on the ground that it is repugnant to the Constitution (except that the assent is conclusive on the question whether a law deals with Governor's matters or self-governing matters).

(4) Reservation of Assent.—The Governor will not, without having previously obtained Her Majesty's instructions through a Secretary of State, signify assent to any Bill which in his opinion falls within any of the following classes :—

(i) a Bill altering the Constitution, powers and procedure of the Legislative Assembly;

(ii) a Bill affecting the currency of Cyprus or its coinage or affecting foreign exchange or its control;

(iii) a Bill affecting the Royal prerogative;

(iv) a Bill affecting the Trustee Status of any Cyprus Government Stock, and any such Bill after enactment will be capable of being disallowed by Her Majesty.

(5) Turkish Cypriot Affairs.—No Bill shall be presented to the Governor for assent unless it is accompanied by a certificate signed by the Attorney-General to the effect that it does not affect Turkish Cypriot affairs or, alternatively, that if it does affect Turkish Cypriot affairs it was passed with the concurrence of the necessary two-thirds of the members of the Legislative Assembly elected by voters on the Turkish Cypriot communal roll.

(6) Public Officers. No Bill which affects the position of a Public Officer shall be presented to the Governor for assent unless it is accompanied by a certificate signed jointly by the Attorney-General and the Chairman of the Public Service Commission to the effect that its provisions do not involve the breach of any contractual obligation or, where no contract is involved, that they satisfy the standard of obligation of a good employer.

(7) Subject to the foregoing, the Governor will signify assent to a Bill duly presented to him.

G.I.—THE JUDICATURE

(1) There shall be a Supreme Court of Cyprus.

(2) The Court shall consist of a President who shall be the Chief Justice of Cyprus and two other Judges. The Legislative Assembly shall have power to increase the number of Judges from time to time provided always that the total number of members of the Court must always be an uneven number, that there shall at all times be an equal number of Judges belonging the Greek Cypriot and the Turkish Cypriot communities respectively, and that the Chief Justice shall always be a person who is not native of Cyprus or resident therein at the time of his appointment.

(3) The Chief Justice shall be appointed by the Governor at his discretion after consultation with the Chief Minister. The other Judges of the Supreme Court shall be appointed by the Governor at his discretion after consultation with the Chief Justice.

(4) Judges of the Supreme Court shall retire at the age of 65 or such greater age as the Legislative Assembly may prescribe but shall be eligible for reappointment by the Governor for a further period of twelve months.

(5) A Judge of the Supreme Court will hold office during good behaviour, and will be removable only by the Governor. The Governor will not be entitled to remove a judge on the ground of misconduct unless a recommendation to that effect has been made by a judicial tribunal expressly appointed by a Secretary of State for the purpose of enquiry into complaints of such misconduct and the recommendation has been confirmed by the Judicial Committee of the Privy Council.

(6) The salaries of the Chief Justice and of Judges of the Supreme Court shall in the first place be on the scale in force at the date when the Constitution comes into force. No Judge's salary shall be diminished during his term of office, nor shall his right to pension be altered to his disadvantage. Subject to that the salary of the Chief Justice will be such as may be fixed by the Governor from time to time and the salaries of other Judges such as may be determined by the Legislative Assembly.

(7)-(i) The Supreme Court shall have original jurisdiction in all proceedings in which the validity of any law of the Legislative Asembly is called in question as being repugnant to the provisions of the Constitution which limit the legislative power of the Legislative Assembly (except those provisions which relate to the division between Governor's matters and self-governing matters, as to which the Governor shall be the sole judge).

(ii) A question of repugnancy may be raised by any person interested and in any proceedings. If such a question arises in a Court of Law other than the Supreme Court the issue shall be transferred to the Supreme Court for decision.

(iii) If a law or any part of it is so adjudged to be repugnant, it shall be treated as having had no legislative effect whatever unless the Supreme Court shall affirmatively decide that such parts of the Bill as are not repugnant are capable of being accorded independent legal operation.

G.II.-THE JUDICIAL SERVICE COMMISSION

(1) There shall be a Judicial Service Commission for the purpose of advising the Governor in relation to the appointment, promotion, termination of appointment, dismissal and disciplinary control of Judges (except the Judges of the Supreme Court) and judicial officers.

(2) The members of the Commission shall be as follows :

(i) The Chief Justice.

(ii) The Attorney-General.

(iii) The Chairman of the Public Service Commission.

(iv) Two persons appointed by the Governor in his discretion being in each case either a judge or retired judge of the Supreme Court or a President or retired President of a District Court, or the Legal Secretary.

(3) The appointment, promotion, termination of appointment, dismissal and disciplinary control of judges (except the Judges of the Supreme Court) and judicial officers shall be vested in the Governor acting on and in accordance with the recommendation of the Judicial Service Commission, provided that :

(a) it shall be the duty of the Commission at all times to hold a fair balance between the claims of members of the different communities to opportunities of judicial service so far as the needs of the service allow;

(b) other things being equal a candidate of local origin shall be preferred when recruitment is being considered.

(4) The Chief Justice shall be responsible for transfers of judges and judicial officers and shall have general responsibility with regard to the administration of the courts and the conduct of judicial business.

H.-BROADCASTING

(1) Broadcasting for reception by the public in Cyprus by sound or television shall be a public monopoly service conducted by a Corporation to be known as the Cyprus Broadcasting Corporation.

(2) The Corporation will be constituted by charter with the appropriate exclusive rights and the Charter will charge it with the duty of conducting the broadcasting service with impartial attention to the interests and susceptibilities of the different communities in the island and with due regard to the interests of minorities. Services will be required to be provided in English, Greek and Turkish, and it will be the Corporation's duty at all times to keep a fair balance in the allocation of hours and in other matters between the claims of the communities concerned.

(3) The right to determine the policies and to direct the management of the Corporation and the ownership of its assets will be vested in a Board of Trustees consisting of five persons, of whom two must be Greek Cypriots, two Turkish Cypriots and one, who will be Chairman, must be neither Greek Cypriot nor Turkish Cypriot. Questions before the Board will be decided by a majority of votes and in the event of an equality of votes at any meeting the Chairman will have a second or casting vote.

(4) Trustees will be appointed by the Governor in his discretion after consultation with the Chief Minister, and will hold office for a fixed term of years. The remuneration of the Chairman and the other Trustees will be fixed by the Governor.

(5) The Corporation will be entitled to accept advertisements for broadcasting, if the Trustees so decide, provided that the advertisements must not conflict with its general duty of preserving impartiality and fair balance. It will also enjoy the revenue arising from the issue of wireless licences.

(6) The Trustees shall present an annual report to the Governor on the Corporation's activities, which shall be laid before the Legislative Assembly.

I.-INTER-COMMUNAL EDUCATION

(1) There shall be a Board for inter-communal education which will be charged with the following functions : —

(a) to maintain and develop facilities for education and instruction on the basis that such facilities are available to members of the different races and communities without distinction;

(b) to supervise the curriculum followed in the schools, colleges and institutes coming within their jurisdiction, to engage and dismiss staff, to supervise discipline and generally to be responsible for the superior management of such establishments;

(c) to appoint such Boards of Management for the various schools, colleges and institutes as may seem to them appropriate;

(d) to give financial or other support to any schools, colleges or institutes in Cyprus which, though not maintained by the Board, are affording such inter-communal education;

(e) to institute and further schemes for scholarships or other forms of assistance for higher education outside Cyprus;

(f) to advise the Governor on matters concerned with inter-communal education.

(2) There shall be three members of the Board, who will be appointed by the Governor at his discretion. Provided that suitable persons are available, one must be a Greek Cypriot, one a Turkish Cypriot, and the third, who shall be Chairman, must be neither Greek Cypriot nor Turkish Cypriot. They will be entitled to receive such salaries as the Governor shall determine.

(3) Subject to the Governor's approval the Board will have power to co-opt additional members.

(4) Questions before the Board will be decided by a majority of votes.

(5) The Board will be responsible to the Governor alone. He will be entitled to give them such general instructions with regard to matters of policy as in his discretion he may think requisite.

(6) As soon as may be after the Constitution has come into force the Board shall take over responsibility for the control and administration of the following establishments : —

(a) The Cyprus Technical Institute;

(b) the Teachers' Training Colleges;

(c) the English School at Nicosia and any other secondary, technical or commercial schools then conducted by the Government.

K.-PUBLIC SERVICE AND THE PUBLIC SERVICE COMMISSION

(1) There shall be a Public Service Commission for the purpose of considering and recommending appointments, promotions, transfers when involving increase of salary, terminations of appointment, dismissals, and action affecting the disciplinary control of public officers. A public officer means for this purpose anyone who is in paid employment in the Public Service other than Her Majesty's aimed forces or the police or prison service; but the functions of the Public Service Commission shall not extend to a number of excepted cases, such as the Deputy Governor, judges and judicial officers, the Attorney-General, the Auditor-General and the holders of certain excepted posts designated by the Governor as being special or security posts.

(2) The members of the Public Service Commission will be appointed by the Governor after consultation with the Chief Minister and the Governor in his discretion will nominate which member shall be Chairman. They shall serve for a fixed term of years and will be eligible for reappointment.

(3) No one who is a member of the Legislative Assembly or is a public officer shall be qualified to act as a member of the Public Service Commission.

(4) The members of the Public Service Commission will be paid such salaries as the Governor may determine.

(5) The appointment, promotion, transfer, termination of appointment, dismissal and disciplinary control of public officers within the range of the Public Service Commission shall be vested in the Governor acting on and in accordance with their recommendation, provided that the Governor may act at his discretion with regard to any question of terminating the appointment of or dismissing any public officer if he decides that the interests of defence or internal security are involved in the matter.

(6) The Governor, after consultation with the Chief Minister and the Chairman of the Public Service Commission, may make general regulations for the Public Service Commission as to the manner in which it shall exercise its functions, provided that :

(a) it shall be the duty of the Public Service Commission at all times to hold a fair balance between the claims of members of different communities to opportunities of public service, so far as the needs of the public service allow;

(b) other-things being equal, a candidate of local origin shall be preferred when recruitment is being considered.

(7)–(i) The Deputy Governor will be appointed by the Governor on the instructions of the Secretary of State.

(ii) Holders of special posts, that is the Secretary of the Cabinet, Permanent Secretaries to Government Departments and holders of other posts of comparable importance designated by the Governor as special posts will be appointed and be removable by the Governor after consultation with the Chief Minister and the Chairman of the Public Service Commission.

L.—AUDITOR-GENERAL AND ATTORNEY-GENERAL

(1)–(i) There shall be an Auditor-General for Cyprus.

(ii) The Auditor-General will be appointed by the Governor, after consultation with the Chief Minister, and shall not be removable except by tile Governor on an address of-the Legislative Assembly carried by not less than three-quarters of its members praying for his removal on the ground of misconduct or infirmity of body or mind.

(iii) The Auditor-General will be subject to retirement at the age prescribed for the retirement of public officers in Cyprus.

(iv) The accounts of all Departments and Offices of Government, except those concerned with Governor's matters, shall be audited by the Auditor-General, and for this purpose all books, records and vouchers shall be open to him and his assistants for inspection.

(v) The Auditor-General shall report annually to the Legislative Assembly on the exercise of his functions.

(2)–(i) There shall be an Attorney-General for Cyprus.

(ii) The Attorney-General will be appointed and will be removable by the Governor on the recommendation of the Chief Minister.

(iii) He will be responsible for advising the Cabinet and the Ministers on all legal questions relating to self-governing matters, and for the initiation, conduct and, if necessary, the discontinuance of legal proceedings relating to them. He shall also advise the Governor when so requested.

(iv) The Attorney-General may be a member of the Legislative Assembly.

(3) The salaries of the Auditor-General and the Attorney-General shall be fixed by the Governor.

M.-TRIBUNAL OF GUARANTEES

(1) For the purpose of investigating any complaints of discrimination or other violations of fundamental rights guaranteed by the Constitution there shall be constituted a Tribunal which will have authority to enquire into any acts of Government alleged to be in violation of such rights.

(2) The jurisdiction of the Tribunal will not extend to laws of the Legislative Assembly, the validity of which may be determined by the Supreme Court alone, or to Ordinances made by the Governor but will extend to Orders and Regulations having the force of law as well as to executive acts.

(3) Complaints may be preferred to the Tribunal by individuals, associations or corporations. The Tribunal, while governing its procedure generally by the rules of equity and natural justice and paying regard to its own precedents in the course of its decisions, will have power to determine its own procedure.

(4) Unless the Tribunal sees special reason to the contrary in any particular case its decisions shall be announced in open Court and shall be accompanied by reasons. There will be no appeal from its decisions. The decision of a majority of the members sitting will be the decision of the Tribunal and only one decision is to be announced which will have effect as the decision of all.

(5) The Tribunal will be equipped with all necessary powers of summoning and examining witnesses and of requiring the production of documents, either from departments or offices of Government or from other sources.

(6) If the Tribunal finds a complaint well-founded it will have power, in its discretion, either to make a declaration of right alone or to annul the act of Government complained of or to refer it to the department or office of Government concerned with a recommendation as to the remedial action to be taken. The Tribunal will have the power to award compensation out of public funds.

(7) The jurisdiction of the Tribunal will extend to acts of Government relating to Governor's matters unless in any particular case the Governor files a declaration with the Tribunal to the effect that the complaint involves a subject which cannot be investigated without prejudice to the interests of defence or public security. Upon the filing of such a declaration the jurisdiction of the Tribunal will be withdrawn.

(8) The members of the Tribunal will be appointed by the Governor after consultation with the Chief Minister and the Chief Justice. They will serve for a fixed term of years, subject to re-appointment, at a remuneration which will be fixed in the first instance by the Governor, but will thereafter be such as may be determined by the Legislative Assembly, provided that no member's salary shall be diminished during his term of office nor shall any member be removable except by the Governor on an address of the Legislative Assembly carried by not less than three-quarters of its members praying for his removal on the ground of misconduct or infirmity of body or mind.

(9) The membership shall be so arranged that it includes an equal number of Greek and Turkish Cypriots and that the Chairman is neither Greek Cypriot nor Turkish Cypriot. The members will be selected so as to include persons of legal and administrative experience, provided that no Minister and no person holding a post in the Public Service (excluding the Judicature) can at the same time act as a member of the Tribunal.

(10) There shall be a Registrar of the Tribunal, who will be responsible for the administration of its office, and the proper record of all decisions. The Registrar will be a public officer within the scope of the Public Service Commission. His salary will be fixed by the Governor.

(11) The Tribunal shall present an annual Report to the Legislative Assembly upon the course and results of its work.

N.-AMENDMENT OF SPECIAL TURKISH LAWS

If at any time a petition is presented to the Governor on behalf of not less than two-thirds of the members of the Legislative Assembly elected by voters on the Turkish Cypriot Communal Roll and of not less than two-thirds of the members of the Evkaf Council praying for any specified amendments of or additions to any of the following laws, viz. :—

(i) The Turkish Family (Marriage and Divorce) Laws (1951 and 1954).

(ii) The Turkish Religious Head (Mufti) Law (1953).

(iii) The Turkish Family Courts Law (1954).

(iv) The Evkaf and Vakfs Law (1955),

and the Governor is satisfied (a) that such amendments or additions relate exclusively to matters of Turkish concern and (b) that it is not reasonably likely that a Bill to enact such amendments or additions in the Legislative Assembly would receive sufficient support to become law, he will have power to make a Regulation enacting such amendments or additions and thereupon the Regulation shall take effect as if it were a law duly passed by the Legislative Assembly and assented to by the Governor.

O.-GOVERNOR'S POWERS OF PARDON

(1) The power of pardon is reserved to the Governor. He may :

(a) grant to any person concerned in or convicted of any offence a pardon, either free or subject to lawful conditions; or

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence; or

(c) substitute a less severe form of punishment for that imposed; or

(d) remit the whole or any part of any sentence or of any penalty or forfeiture otherwise due to Her Majesty on account of an offence.

(2)—(a) Whenever a person has been sentenced to death the Governor will call upon the judge who presided at the trial to make a written report, and will cause this to be considered at a meeting of the Joint Council before deciding whether to exercise the power of pardon in accordance with his own discretion.

(b) Whenever a person has been sentenced to a penalty other than death, the Governor may cause the Joint Council to consider the case before deciding whether to exercise the power of pardon in accordance with his own discretion.

P.I.-FINANCE : SPECIAL PROVISIONS

(1) Cyprus Broadcasting Corporation.—The financial affairs of the Cyprus Broadcasting Corporation will be regulated as follows :—

(i) The Corporation is to maintain a fund into which shall be paid the receipts from broadcasting licences and its advertising revenue. Against these receipts will be charged the Corporation's annual expenditure (including necessary charges on any monies borrowed) together with any necessary expenses of collecting licences. The Corporation will have power to raise loans subject to the Governor's approval.

(ii) The Corporation is to keep proper accounts. They shall be audited by the Auditor-General who shall report on them to the Governor.

(iii) The Corporation must prepare and submit to the Governor each year estimates of its revenue and expenditure for the succeeding year. These estimates must show what (if any) deficit is anticipated on the year's working. Estimates may include a reasonable provision for contingencies, provided that the amount of this provision is not to be expended without the Governor's sanction.

(iv) The estimates will be subject to the Governor's approval. For the purpose of considering them he will invite the assistance and observations of the Minister of Finance and the Minister for Turkish Cypriot Affairs. In so far as he has approved them and a deficit is involved, he will be empowered to send a precept to the Minister of Finance certifying the amount required. This amount will then constitute a charge upon the Cyprus Consolidated Fund.

(v) The Corporation's annual accounts shall be laid before the Legislative Assembly together with the Auditor-General's report on them.

(2) Inter-Communal Education Board

(i) The Inter-Communal Education Board will maintain a fund into which shall be paid all sums received by it in respect of its operations and such other monies as may accrue to it by way of subvention from Her Majesty's Government, or from other sources. Against these receipts will be charged the Board's annual expenditure.

(ii) The Board's accounts shall be audited annually by the Auditor-General who shall report thereon to the Governor.

(3) Police Force and Prisons

(i) The cost of providing the Police Force and the prison service will be shared between the self-governing side and the Governor's side.

(ii) For this purpose the self-governing side shall raise and provide annually the sum of £750,000, being approximately the equivalent at present cost of the expenditure on the approved establishment of the police and prison services in the year 1954, and the balance will be found by the Governor's side. The £750,000 will be charged upon the Cyprus Consolidated Fund.

(iii) At any time not less than 5 years after the Constitution has come into force the sume of £750,000 i0 may be reviewed and a sum larger or smaller may be substituted in its place if the Governor and the Chief Minister so agree.

(4) Turkish Cypriot Affairs

(i) There shall be raised and provided annually a sum sufficient for the establishment of the Office of Turkish Cypriot Affairs and the discharge of its functions. This sum shall be ascertained under three separate heads. (a) establishment, (b) Turkish Cypriot education, (c) other functions.

(ii) The sum raised and provided for Turkish Cypriot elementary education in any year shall not be in less proportion to the sum raised and provided for Greek Cypriot elementary education in that year than that which the number of pupils receiving instruction in Turkish Cypriot elementary schools bears to the number of pupils receiving instruction in Greek Cypriot elementary schools at the close of the previous year.

(iii) The minimum sum raised and provided for Turkish Cypriot secondary education in any year shall not be less than the amount expended on such education in the last completed year before the coming into force of this Constitution.

(iv) The sum to be provided for Turkish Cypriot Affairs shall be discussed in the first instance by the Chief Minister and the Minister for Turkish Cypriot Affairs. If they fail to agree the matter shall be referred to the Governor, whose decision shall be final; and, the decision being given the Governor will send a precept to the Minister of Finance specifying the amount required. The sum so ascertained shall be a charge on the Cyprus Consolidated Fund.

P.II-FINANCE : SELF-GOVERNING MATTERS

(1) There shall be a Cyprus Consolidated Fund into which are to be paid all receipts and revenues arising in connection with self-governing matters and such other monies as may properly become available for appropriation by the Legislative Assembly. Provided that :

(a) Receipts from the issue of wireless licences shall be paid direct into the revenues of the Cyprus Broadcasting Corporation, and

(b) Receipts arising from the activities of the Inter-Communal Education Board shall be paid direct into the revenues of that Board.

(2) The Minister of Finance shall have annual estimates of revenue and expenditure on self-governing matters prepared. The estimates, when approved by the Cabinet, are to be laid before the Assembly.

(3) The proposals for all expenditure contained in the estimates will be submitted to the Legislative Assembly by means of an Appropriation Bill.

(4) When additional expenditure on existing services or any new senfice is incurred or is likely to be incurred during the year a supplementary Appropriation Bill shall be prepared. But this is not to exclude provision being made for meeting, urgent expenditure that may not have been foreseen.

(5) The following specific items will constitute a permanent annual charge on the Cyprus Consolidated Fund :

(a) the salaries and remuneration of-

(i) the Chief Justice and other Judges;

(ii) members of the Tribunal of Guarantees;

(iii) members of the Public Service Commission;

(iv) theAttorney-General

(v) the Auditor-General

(vi) the Clerk and Deputy Clerk of the Legislative Assembly;

(vii) the Registrar of the Tribunal of Guarantees.

(b) the sums required to pay the salaries of the Governor and Deputy Governor and the expenses of their official establishments;

(c) the sum of £10,000 as the contribution of Cyprus to Imperial Defence;

(d) the sums mentioned in the Special Provisions which relate to the Cyprus Broadcasting Corporation, the Police Force and Prisons, the Turkish Cypriot Affairs;

(e) the sums required to meet contractual obligations to Public Officers (excluding members of the Police and Prison service and officers employed in the Governor's secretariat and departments), to pay their salaries and allowances and to pay superannuation benefits to retired Public Officers and their dependants.

(6) Any of the foregoing sums which are charged on the Cyprus Consolidated Fund may be paid in case of necessity on the authority of a warrant from the Governor.

P.III.-FINANCE : GOVERNOR'S MATTERS

(1) There will be a fund to be known as the Defence Fund into which will be paid all monies received in respect of Governor's Matters, and all other monies properly receivable by the Governor for appropriation by Ordinance.

(2) The Governor will make an Appropriation Ordinance in respect of annual expenditure. Before doing so he will prepare and submit estimates for the approval of a Secretary of State and as directed by him.

(3) No monies are to be paid from the Defence Fund except on warrant from the Governor duly executed in accordance with such instructions as may from time to time be issued by a Secretary of State.

(4) The Defence Fund will be audited in accordance with such directions as may be received through a Secretary of State.

Q.-EMERGENCY LAWS

(1) Notwithstanding anything that has gone before Her Majesty will be entitled by Order-in-Council at any time :

(a) to declare that a public emergency exists in Cyprus;

(b) to make provision for such measures as may appear necessary for dealing with the emergency security of public safety or order and of supplies and services in Cyprus during the period of such an emergency.

An Order-in-Council made for this purpose may suspend all or any of the provisions of the Constitution during such period or empower the governor so to do : in particular it may grant him power to make law generally in self-governing matters and to take executive action in respec of them.

 

APPENDIX A

1. Electoral District

2. Urban or Rural

3. Number of Constituencies

General roll (all voters not included in the Turkish Cypriot communal roll)

Turkish Cypriot

Nicosia

Town

2

2

Rural

7

Kyrenia

Town

Rural

Famagusta

Town

1

1

Rural

4

Larnaca

Town

1

1

Rural

2

Limassol

Town

1

1

Rural

3

Paphos

Town

3

1

Rural

24

6

 


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