(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 reason for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.

         (3)     Any person who is arrested or detained in such a case as is mentioned in sub-paragraph (1)(c) or (d) of this Article 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 sub-paragraph (1)(d) 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 reasonably necessary to ensure that he appears at a later date for trial of for proceedings preliminary to trial.

         (4)       Any person who is unlawfully arrested or detained by any other persons hall be entitled to compensation therefor from that other person.

         (5)       Where a person is detained by virtue of such a law as is referred to in Article 29 of this Constitution, the following provisions shall apply-

 

                    (a)    he shall, as soon as reasonably practicable and in any 

                    case not more than five days after the commencement 

                    of his detention, be furnished with a statement in writing, 

                    in a language that he understands, of the grounds upon 

                    which he is detained;

 

                    (b)    not more than fourteen days after the commencement 

                    of his detention, a notification shall be published in the 

                    Gazette stating that he has been detained and giving 

                    particulars of the provisions of law under which his 

                    detention is authorized;

 

                    (c)    he may from time to time request that his case       

                    be reviewed under sub-paragraph (d) of this paragraph but, 

                    where he has made such a request, no subsequent request 

                    shall be made before the expiration of three months from the 

                    making of the previous request;

 

                    (d)   where a request is made under sub-paragraph (c) of this

                    paragraph, the case shall, within one month of the making 

                    of the request, be reviewed by an independent and impartial 

                    tribunal established by law, presided over by the Chief Justice 

                    or another Justice of the Supreme Court appointed by him, 

                    and consisting of persons who are Justices of the Supreme 

                    Court or who are qualified to be appointed as Justices of the 

                    Supreme Court;

 

                    (e)  he shall be afforded reasonable facilities to consult and 

                    instruct, at his own expense, a legal representative of his 

                    own choice, and he and any such legal representative shall 

                    be permitted to make written or oral representations or both 

                    to the tribunal appointed for the review of his case.

   

         (6)      On any review by a tribunal in pursuance of paragraph (5) of this Article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

 

                (b)      for the removal of a person from The Bahamas to be tried 

                outside The Bahamas for a criminal offence or to undergo 

                imprisonment in some other country in respect of a criminal 

                offence of which he has been convicted;

 

                (c)       for the imposition of restriction upon the movement 

                of residence within The Bahamas of public officers or 

                member of a disciplined force that are reasonably 

                required for the purpose of the proper performance of 

                their functions; or

 

                (d)       for the imposition of restriction on the right of any  

                person to leave The Bahamas of any person who is not a  

                citizen of The Bahamas or the exclusion or expulsion  

                therefrom of any such person; or

 

                (e)       for the imposition of restrictions on the right of any  

                person to leave The Bahamas in the public interest, or for 

                securing compliance with any international obligation of  

                the Government of The Bahamas particulars of which have 

                been laid before Parliament.

         

       (3)     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 Article.

 

         (4)      For the purposes of sub-paragraph (c) of paragraph (2) of this Article "law" in that paragraph includes directions in writing regarding the conduct of public officers generally of any class of public officer issued by the Government of The Bahamas.

 

26.     (1)      Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.

 

         (2)      Subject to the provisions of paragraphs (6), (9) and (10) of this Article, 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 function of any public office or any public authority.

 

        (3)       In this Article, the expression "discriminatory" means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person 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)       Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-

 

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

                    The Bahamas or for the imposition of taxation (including 

                    the levying of fees for the grant of licences; or

 

                    (b)      with respect to the entry into or exclusion from, 

                    or the employment, engaging in any business or profession, 

                    movement of residence within, The Bahamas of persons  

                    who are not citizens of The Bahamas; or

 

                   (c)      with respect to adoption, marriage, divorce, burial, 

                   devolution of property on death or other matters of personal 

                   law; or

 

                   (d)     whereby persons of any such description as is 

                   mentioned in paragraph (3) for this Article 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; or

 

                   (e)     for authorizing the granting of licenses or certificates 

                   permitting the conduct of a lottery, the keeping of a gaming 

                   house or the carrying on of gambling in any of its forms 

                   subject to conditions which impose upon persons who are 

                   citizens of The Bahamas disabilities or restriction to which 

                   other persons are not made subject.

 

         (5)      Nothing contained in any law shall be held to be inconsistent whit or in contravention of paragraph (1) of this Article to the extent that it makes provision with respect to standards or qualifications (not being a standard or qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for service as a public officer or as a member of a disciplined force of for the service of a local government authority or a body corporate established by law for public purposes.

 

        (6)       Paragraph (2) of this Article shall not apply to anything which is expressly of by necessary implication authorized to be done by any such provision of law as is referred to in paragraphs (4) or (5) of this Article.

 

        (7)      Subject to the provisions of subparagraph (4)(e) and of paragraph (9) of this Article 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)      Subject to the provisions of this Article no person shall be treated in a discriminatory manner-

 

                  (a)      in respect of any conveyance or lease or agreement for, 

                  or in consideration of, or collateral to, a conveyance or lease of

                  any freehold or leasehold hereditament which have been offered 

                  for sale or lease to the general public;

 

                  (b)      in respect of any covenant or provision in any  

                  conveyance or lease or agreement for , or in consideration 

                  of, or collateral to, a conveyance or lease restricting 

                  by discriminatory provision the transfer, ownership, 

                  use or occupation of any freehold or leasehold 

                  hereditament which have been offered for sale or 

                  lease to the general public.

 

       (9)     Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision whereby persons of any such description as is mentioned in paragraph (3) of this Article may be subjected to any restriction on the rights and freedoms guaranteed by Articles 21,22,23,24 and 25 of this Constitution, being such a restriction as is authorized by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.

 

     (10)    Nothing in paragraph (2) of this Article 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.

 

27. (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 in 

               the interests of defence, public safety, public order, public 

               morality, public health, town and country planning or the 

               development or utilization of any property in such manner as 

               to promote the public benefit or the economic well-being of the 

               community; and

 

               (b)      the necessity thereof is such as to afford 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 making of prompt and adequate compensation 

                         in the circumstances; 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)    any party to proceedings in the Supreme Court relating to 

               such a claim is given by law 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 in this Article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property-

 

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

 

               (b)    by way of penalty for breach of the law, whether under 

               civil process or after conviction of a criminal offence under the 

               law of The Bahamas;

 

               (c)    as an incident of a lease, tenancy, mortgage, charge, bill 

               of sale, pledge or contract;

 

               (d)     upon the attempted removal of the property in question out 

               of or into The Bahamas in contravention of any law;

 

               (e)     by way of the taking of a sample for the purposes of 

               any law;

 

               (f)     where the property consist of an animal upon its being 

               found trespassing

 

               (g)     in the execution of judgments or orders of courts;

 

               (h)     by reason of its being in a dilapidated or dangerous 

               state of injurious to the health of human beings, animals 

               or plants;

 

              (i)      in consequence of any law making provision for the 

              validation of titles to words) the confirmation of such 

              titles, or for the extinguishment of adverse claims, or

              actions,

 

              (j)      for so long only as may be necessary for the purposes of 

              any examination, investigation, trial or inquiry or, in the case of 

              land, the carrying out thereon-

 

                      (i)      of work or reclamation, drainage, soil conservation or 

                      the conservation of other natural resources; or

                     

                      (ii)      of agricultural 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; or  

 

               (k)      to the extent that the law in question makes provision for 

                the vesting or taking of possession or acquisition or 

                administration of-

 

                      (i)       enemy property;

 

                      (ii)      property of a deceased person, a person of unsound 

                      mind of 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 insolvent or a 

                      defunct company that has been struck off the Register  

                      of Companies, of a body corporate in liquidation, for the 

                      purpose of its administration for the benefit of the creditors 

                      of that insolvent person or body corporate and, subject 

                      thereto, for the benefit of other person entitled to the 

                      beneficial interest in the property; or

 

                      (iv)     property subject to a trust, for the purpose of vesting 

                      the property 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 this Article to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor of for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

 

       (4)       Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest or right is held by a body corporate established directly by law for public purpose in which no monies have been invested other than monies provided by Parliament or by any Legislature established for the former Colony of the Bahamas Islands.