Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697634247167.pdf (Antigua and Barbuda)
No.

10 of 2004.

The Caribbean Court of Justice Act, 2004.

1 ANTIGUA ANB BARJ3UaA I Assent, James B. Carlisle, Governor-General.

17th October, 2004.

ANTIGUA AND BARBUDA No.

10 of 2004 AN ACT to implement the Agreement Establishing the Caribbean Court of Justice and other Agreements relating to the Court and the Regional Judicial and Legal Services Commission and for other related matters.

[ Published in the OfJicial Gazette Vol.

XYIV No.

77 dated 28th October, 2004. ]


ENACTED by the Parliament of Antigua and Barbuda as fol- lows: 1.

This Act may be cited as the Caribbean Court of Justice Short title and Act, 2004 and shall come into operation on a date appointed by commence- the Minister by notice published in the Gazette ment.

2.

(1) In this Act, unless the context otherwise requires - Interp'etation.
"Agreement" means the Agreement Establishing the Car- ibbean Court of Justice, signed at Bridgetown, Barbados on the 14th February.

2002, the text of which is set out in the First Schedule; 2 ANPGUA AND BARBUDA The Caribbean Coirrt of Justice Act, 2004.

No.

10 of 2004.
Cap 422A "appellate jurisdiction" means the appellate jurisdiction conferred upon the Court by or under Part I11 of the Agreement; "Commission" means the Regional Judicial and Legal Ser- vices Commission established by Article V of the Agree- ment; "Contracting Party" means a Contracting Party within the meaning of Article I of the Agreement; and, in relation to Antigua and Barbuda, means the Government of Antigua and Barbuda; "Court" means the Caribbean Court of Justice established by the Agreement; "Court of Appeal" or "Court of Appeal of a Contracting Party", in relation to Antigua and Barbuda, means the Court of Appeal established under the Supreme Court Order; "Minister" means the Minister responsible for justice and legal affairs; "original jurisdiction" means the original jurisdiction of the Court provided for in Part I1 of the Agreement; "Rules of Court" means the Rules of Court made under Article XXI of the Agreement; and "Treaty" means the Revised Treaty of Chaguaramas Es- tablishing the Caribbean Community Including the CARICOM Single Market and Economy, signed in the Bahamas on the 5th July, 2001.
(2) For the purposes of Article XXIV of the Agreement, a reference to a national of a Contracting Party, in relation to Antigua and Barbuda, includes a reference to - Cap.

23 (a) a citizen of Antigua and Barbuda by virtue of the Constitution or any other law; (b) a person who, not being a citizen of Antigua and Barbuda, is lawfully resident in Antigua and No.

10 of 2004.

The Caribbean Court of Justice Act, 2004.

3 ANTIGUA AND BARBUDA Barbuda in accordance with the Immigration and Cap.
208 Passport Act or any other law; and (c) an entity, in Antigua and Barbuda, established by or under any law of Antigua and Barbuda.

Barbuda: 3.

The following shall have the force of law in Antigua and Agreement, its related Instru- ments, and Rules o f Court to have force of law.

(a) the Agreement (other than the provisions of the First Schedule.
Agreement relating to the appellate jurisdiction of the Court provided for in Part I11 of the Agreement) and the relevant Rules of Court made thereunder; and (b) the Second, Third and Fourth Schedules.

Second, Third and Fourth Schedules.

4.

The Court shall have the original jurisdiction conferred Adoption of Juris- the on it by Part I1 of the Agreement.

diction o f Court.

5.

Nothing in this Act shall be construed as conferring ju- Exclusion of mat- ters declared final.
risdiction on the Court to hear any matter in relation to the Court of Appeal which on the date of commencement of this Act was, pursuant to the Constitution or any other law, declared to be final.

6.

(1) Matters pertaining to the exercise of the originaljuris- Mode of bringlng diction of the Court shall be brought before the Court in the matters before manner prescribed by the relevant Rules of Court.

Court.

(2) The Minister shall cause the Rules of Court to be pub- lished in the Gazette.

7.
7.

The amount of the contribution assessed under the Fourth Expenses o f and Schedule as payable by the Government for the expenses of Commission to the Court and Commission in accordance with Article XVIII of be a charge on the Agreement shall be charged on and paid from the Consoli- Consolidated dated Fund.

Fund.

into in any court.

8.

The proceedings ofthe Commission shall not be enquired Immunity of Commission from court proceedings.

4 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.
No.

10 of 2004.

First Schedule: The Agreement Establishing the Caribbean Court of Justice.

Second Schedule: The Protocol to the Agreement Establishing the Caribbean Court of Justice Relating to the Juridical Personality and Legal Capacity of the Court.

Third Schedule: The Protocol on the Status, Privileges and Immunities of the Caribbean Court of Justice and the Regional Judicial and Legal Services Commission.

Fourth Schedule: The Agreement Establishing the Caribbean Court of Justice Trust Fund.
FIRST SCHEDULE AGREEMENT ESTABLISEIING THE CARIBBEAN COURT OF JUSTICE THE CONTRACTING PARTIES, CONVINCED that the Caribbean Court of Justice, (hereinafter referred to as "the Court"), will have a determinative role in the hrther development of Caribbean jurisprudence through the judicial process; CONVINCED ALSO of the desirability of entrenching the Court in their national Constitutions; AWARE that the establishment of the Court is a further step in the deep- ening of the regional integration process; RECOGNISING the sovereignty of Members of the Caribbean Community; No.
10 of 2004.

Tire Caribbean Court of Justice Act, 2004.
5 ANTIGUA AND BARBUDA HEKJ%Y AGREE as follows: kaTICltE I USE OF TERllZS In this Agreement, unless the context otherwise requires: 'Commission' means the Regional Judicial and Legal Services Commission established by Article V; 'Conference' meaw the Conference of Heads of Govetnment of Member States of the Caribbean Community; 'Contracting Party' means an entity referred to in Article II which has sat- isfied the requirements of membership and in relation to which this Agree- ment is in force; 'Heads of Government' means the Heads of Government of the Contract- ing Parties; 'President' means the President of the Court; 'Secretary-General' means the Secretary-General of the Caribbean Community; 'Treaty' means the Treaty establishing the Caribbean Community signed at Chaguaramas on 4 July 1973 and any amendments thereto which take effect either provisionally or definitively.
PAKT I MEMBERSHIP, ESTABLISHMENT OF THE COURT, THE COMMISSION AND RELATED MATTERS ARTICLE I1 MEMBERSHIP This Agreement shall be open to - (a) Member States of the Caribbean Community; (b) Any other Caribbean country, which is invited by the Conference to become a Party to this Agreement.

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ARTICLE III ESTABLISHMENT AND SEAT OF THE CARIBBEAN COURT OF JUSTICE 1.
The Court is hereby established with: (a) Original jurisdiction in accordance with the provisions of Part 11, and (b) Appellate jurisdiction in accordance with the provisions of Part 111.

2.

The decisions of the Court shall be final.

3.

The Seat of the Court shall be in the territory of a Contracting Party as determined by a qualified majority of the Contracting Parties but, as circumstances warrant, the Court may sit in the territory of any other Contracting Party.

4.
4.

The Govermnent of the Contracting Party in whose territory the Seat of the Court is situated shall provide suitable accommodation for the Seat of the Court and the offices of the Commission and shall conclude with the Court and the Commission an Agreement relating to the Seat of the Court and the offices of the Commission.

5.

The Court shall have and use, as occasion may require, a seal having a device or impression with the inscription 'The Caribbean Court of Justice'.
ARTICLE IV CONSTITUTION OF THE COURT 1.

Subject to paragraph 2 of this Article, the Judges of the Court shall be the President and not more than nine other Judges of whom at least three shall pos- sess expertise in international law including international trade law.

2.

The number of Judges, excluding the President, may be increased by the Heads of Government, upon the-recommendation of the Commission.

3.
3.

The Court shall be duly constituted as set out in Parts I1 and I11 and may sit in such number of divisions as may be directed by the President but every Judge of the Court may sit in any division.

4.

The determination of any question before the Court shall be according to the opinion of the majority of the Judges of the Court hearing the case.

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7 ANTIGUA AND BARBUDA 5.


Notwithstanding the provisions of this Article, the President may appoint one or more judges to determine interlocutory matters.

6.

The President shall be appointed or removed by the qualified majority vote of three-quarters of the Contracting Parties on the recommendation of the Com- mission.

7.

The Judges of the Court, other than the President, shall be appointed or removed by a majority vote of all of the members of the Commission.

8.
8.

The President shall take precedence over all other Judges of the Court and the seniority of the other Judges of the Court shall be determined in accordance with the dates of their appointment.

9.

The appointment of the President shall be signified by letter under the hand of the Chairman for the time being of the Conference acting on the advice of the Heads of Government and the appointment of any other Judge of the Court shall be signified by letter under the hand of the Chairman of the Commission.
10.
A person shall not be qualified to be appointed to hold or to act in the office of Judge of the Court, unless that person satisfies the criteria mentioned in paragraph 11 and - (a) (b) is or has been for a period or periods amounting in the aggregate to not less than five years, a Judge of a court of unlimited jurisdiction in civil and criminal matters in the territory of a Contracting Party or in some part of the Commonwealth, or in a State exercising civil law jurisprudence common to Contracting Parties, or a court having ju- risdiction in appeals from any such court and who, in the opinion of the Commission, has distinguished himself or herself in that office; or is or has been engaged in the practice or teaching of law for a period or periods amounting in the aggregate to not less than fifteen years in a Member State of the Caribbean Community or in a Contracting Party or in some part of the Commonwealth, or in a State exercising civil law jurisprudence common to Contracting parties, and has dis- tinguished himself or herself in the legal profession.
11.

In making appointments to the office of Judge, regard shall be had to the following criteria: high moral character, intellectual and analytical ability, sound judgment, integrity, and understanding of people and society.

12.

The Commission may, prior to appointing a Judge of the Court, consult with associations representative of the legal profession and with other bodies and individuals that it considers appropriate in selecting a Judge of the Court.
8 ANTIGUA AND BARsUDA The Caribbean Court of Justice Act, 2004.

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ARTICLE V ESTABLISHMENT OF THE REGIONAL JUDICIAL AND LEGAL SERVICES COMMISSION 1.
There is hereby established a Regional Judicial and Lagal Services Com- mission which shall consist of the following persons: (a) The President who shall be the Chairman of the Commission; (b) Two persons nominated jointly by the Organization of the Cornmon- wealth Caribbean Bar Association (OCCBA) and the Qrganisation of Eastern Caribbean States (OECS) Bw Association; (c) One chairman of the Judicial Services Commission of a Contracting Party sdeoted in rotation in the English alphabetical order for a pe- riod of three years; (d) The Chairman of a Public Service Commission of a Contracting @arty selected in rotation in the reverse English alphabetical order for a period of three years; (e) Two persons from civil society nominated jointly by the Secretary- General of the Community and the Director General of the QECS for a period of three years following consultations with regional non- govenunental organisations; Two distinguished jurists nominated jointly by the Dean of the Fac- ulty of Law of the University of the West Indies, the Deans of the Faculties of Law of any of the Contracting Parties and the Chairman of the Council of Legal Education; and (g) Two persons nominated jointly by the Bar or Law Associations of the Contracting Parties.
2.

Where any person or body required to nominate a candidate for appoint- ment to the Regional Judicial and Legal Services Commission in accordance with paragraph 1, fails to make such nomination within thirty (30) days of a written request in that behalf, the nomination shall be made jointly by the heads of the judiciaries of the Contracting Parties.

3.

(1) The Commission shall have responsibility for: (a) making appointments to the office of Judge of the Court, other than that of President; No.
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The Caribbean Court30f Justice Act, 2004.

9 ANTIGUA AND BARBUDA (b) making appointments of those officials and employees referred to in Article XXVII and for determining the salaries and allowances to be paid to such officials and employees; (c) the determination of t!le and employees; and terms and conditions of service of officials (d) the termination of appointments in accordance with the provisions of this Agreement.
(2) The Commission shall, in accordance with the Regulations, exercise disci- plinary control over Judges of the Court, other than the President, and over of- ficials and employees of the Court.

4.

The term of office of members of the Commission, other than the Chairman shall be three years, but such members shall be eligible for re-appointment for another term of office.

5.
5.

The members of the Commission referred to in paragraph l(b), (c), (d), r'J and (g) shall be appointed by letter under the hand of the President.

5.

If the office of a member of the Commission, other than the Chairman is vacant or the holder thereof is unable to perform the functions of his office, a person may be appointed to perform the functions of that office for the unex- pired term of the holder of the office or until the holder resumes office.

7.
Subject to paragraph 13 of this Article, the Commission shall not be: (a) disqualified from the transaction of business by reason of any va- cancy in its menlbership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present or to participate in those proceedings; (b) disqualified from the transaction of business nor its proceedings in- validated by reason of the non-receipt by a member of the Cornmis- sion, of a notice for a meeting of the Commission.
8.

The Commission may, by directions in writing and subject to such condi- tions as it thinks fit, delegate any of its powers under paragraph 3(1) (b) and (c) of this Article to any one or more of its members or to the Registrar.

9.

A member of the Commission, other than the Chairman may, by writing under the hand of that member, addressed to the Chairman of the Conlrnission, resign from the Commission 10 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

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10.


The Commission shall, no later than 3 1 March in every year, submit to the Heads of Government, an Annual Report of its work and operations during the previous year.

11.

The Registrar of the Court shall perform the functions of Secretary of the Commission and shall be the chief administrative officer of the Commission.

12.
12.

In the exercise of their functions under this Agreement, the members of the Commission shall neither seek nor receive instructions from any body or person external to the Commission.

13.

A quorum for the transaction of business by the Commission shall con- sist of not less than six members of the Commission including the Chairman or, where the Deputy Chairnlan is presiding, the Deputy Chairman.

14.

Subject to this Article, the Conlmission shall have power to regulate its own procedure.
ARTICLE VI THE FIRST APPOINTMENT OF THE PRESIDENT AND MEMBERS OF THE COMMISSION 1.

For the purposes of the first appointment of the President and Commis- sioners and notwithstanding the provisions of paragraph 6 of Article iV, the members of the Commission appointed pursuant to the Agreement shall make a recommendation for the appointment of the President.

2.
2.

Notwithstanding the provisions of paragraphs 4 and 5 of Article V: (a) the term of office of the members of the Commission appointed in accordance with paragraph 1 of this Article shall be one year; and (b) the members of the Commission mentioned in sub-paragraph (a) of this.paragraph shall be appointed by letter under the hand of the heads of the judiciary of the Contracting Parties.

ARTICLE VII LEGAL STATUS OF THE COMMISSION 1.


The Commission shall possess full juridical personality including, in par- ticular, full capacity to contract.

2.

The privileges and immunities to be accorded the Commission and its mem- bers in the territories of the Contracting Parties shall be laid down in a Protocol to this Agreement.

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11 ANTIGUA AND BARBUDA 3.


The Contracting Parties undertake to make provision to ensure that the proceedings of the Commission shall not be enquired into in any Court.

ARTICLE WI ACTING APPOINTMENTS 1.
If the office of President is vacant, or if the President is for any reason unable to perform the functions of that office, then, until some other person has been appointed to and has assumed the functions of that office or, as the case may be, until the President has resumed those functions, they shall be performed by the Judge of the Court who is most senior according to the date of his ap- pointment and he shall be appointed by letter under the hand of the Chairman for the time being of the Conference.
2.

When none of the other Judges is senior by appointment, the functions of President shall be perfomled by such one of the other Judges of the Court ap- pointed by letter.

3.

An appointment referred to in paragraph 2 shall be made in accordance with the advice of the Heads of Government tendered after consultations with the President and such other persons or bodies of persons as the Heads of Gov- ernment may think fit.

4.
If one of the Judges of the Court is acting as the President of the Court or if the office of a Judge of the Court, other than the President, is vacant or if such a Judge is for any reason unable to perform the functions of that office, then, until some other person has been appointed to act and has assumed the func- tions of that office or, as the case may be, until the Judge has resumed those functions, they shall be performed by a person qualified for appointment as a Judge of the Court to be appointed by the Commission by letter under the hand of the Chairman of the Commission.
5.

The person appointed in accordance with paragraph 4 shall continue to perform the functions of the office until a person is appointed to the office and has assumed the functions thereof or, as the case may be, until the holder re- sumes office.

ARTICLE IX TENURE OF OFFICE OF JUDGES 1.

The office of a Judge of the Court shall not be abolished while there is a substantive holder thereof.

2.
2.

Subject to the provisions of this Article, the President shall hold office for a non-renewable term of seven years or until he attains the age of seventy-two 12 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

No.

10 of 2004. years, whichever is earlier, except that the President shall continue in offike, if cecessary, for a further period not exceeding three months to enable him lo de- liver judgment or to do any other thing in relation to any proceedings partheard by him.

3.
3.

Subject to the provisions of this Article, a Judge of the Court s h a l hold office until he attains the age of seventy-two years, except that he shaa con- tinue in office, if necessary, for a further period not exceeding three molths to enable him to deliver judgment or to do any other thing in relation to a@ pro- ceedings part-heard by him.

4.
4.

A Judge may be removed from office only for inability to perform t& func- tions of his office, whether arising from illness or any other causd or for misbehaviour, and shall not be so removed except in accordance with thd provi- sions of this Article.

5.
5.

(1) Subject to Article IV, paragraph 5, the President shall be removed from office by the Heads of Government on the recommendation of the Commission, if the question of the removal of the President has been referred by the Heads of Government to a tribunal and the tribunal has advised the Commission that the President ought to be removed from office for inability or misbehaviour referred to in paragraph 4.
(2) Subject to Article IV, paragraph 6 , a Judge other than the President shall be removed from office by the Commission if the question of the removal of the Judge has been referred by the Commission to a tribunal; and the tribunal has advised the Commission that the Judge ought to be removed from office for in- ability or misbehaviour referred to in paragraph 4.

6 .
If at least three Heads of Government in the case of the President jointly represent to the other Heads of Government, or if the Commission decides in the case of any other Judge, that the question of removing the President or the Judge from office ought to be investigated, then - the Heads of Government or the Commission shall appoint a tribunal which shall consist of a chairman and not less than two other mem- bers, selected by the Heads of Government or the Commission, as the case may be, after such consultations as may be considered expe- dient, from among persons who hold or have held office as a Judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth, or in a State exercising civil law jurispru- dence conlnlon to Contracting Parties, or a court having jurisdiction in appeals from any such court; and No.
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13 ANTIGUA AND BARBUDA (b) the tribunal shall enquire into the matter and advise the Heads of Government or the Commission, as the case may be, whether or not the President or the Judge ought to be removed from office.

7.
7.

The provisions of any law relating to the holding of commissions of in- quiry in the Member State of the Caribbean Community where the inquiry is held shall apply as nearly as may be in relation to tribunals appointed under para- graph 6 of this Article or, as the context may require, to the members thereof as they apply in relation to Commissions or Commissioners appointed under that law.

8.
Of the question of removing the President or any other Judge of the Court from office has been referred to a tribunal under paragraph 6 of this Article, the Heads of Government in the case of the President, or the Commission, in the case of any other Judge of the Court, may suspend such Judge from performing the functions of his office, and any such suspension may at any time be re- voked by the Heads of Government or the commission, as the case may be, and shall in any case cease to have effect if the tribunal advises the Heads of Gov- ernment or the Commission that the Judge ought not to be removed from office.
9.

(i) The President may at any time resign the office of President by writing under the hand of the President addressed to the Chairman for the time being of the Conference.

(2) Any other Judge of the Court may at any time resign the office of Judge of the Court by writing under the hand of the Judge addressed to the Chairman of the Commission.

ARTICLE X OATH OF OFFICE 1.


A Judge of the Court shall not enter upon the duties of that office unless he has taken and subscribed the oath of office as set out in Appendix I to this Agreement.

2.

The oath of office shall be taken and subscribed before the Head of State of any Contracting Party.

PART I1 ORIGINAL JURISDICTION OF THE COURT ARTICLE XI CONSTITUTION OF THE COURT 1.
The Court, in the exercise of its original jurisdiction, shall be duly consti- tuted if it consists of not less than three judges being an uneven number of judges.

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2.

The judges referred to in paragraph 1 shall possess the expertise neces- sary for the Court to adjudicate the matter.

3.
3.

The deliberations of the Court shall be under the authority and control of a Chairman, who shall be the most senior of the judges appointed by the Presi- dent.

4.

Notwithstanding paragraph 1, the original jurisdiction of the Court may be exercised by a sole judge appointed by the Chairman.

5.

The decision of a sole judge exercising jurisdiction under paragraph 4 may, on application of a Party aggrieved, be reviewed by a panel comprising not more than five judges.
ARTICLE XI1 JURTSDICTION OF THE COURT IN CONTENTIOUS PROCEEDINGS 1.
Subject to the Treaty, the Court shall have exclusive jurisdiction to hear and deliver judgment on: (a) disputes between Co~tracting Parties to this Agreement; (b) disputes between any Contracting Parties to this Agreement and the Community; (c) referrals from national courts or tribunals of Contracting Parties to this Agreement; (d) applications by nationals in accordance with Article XXIV, concern- ing the interpretation and application of the Treaty.

2.
2.

For the purposes of this part, "national courts" includes the Eastern Carib- bean Supreme Court.

ARTICLE XIII ADVISORY OPINIONS OF THE COURT 1.

The Court shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the Treaty.

2.

Advisory opinions shall be delivered only at the request of Contracting Parties or the Community.

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15 ANTIGUA AND BARBUDA ARTICLE XIV REFERRAL TO THE COURT Where a national court or tribunal of a Contracting Party is seized of an issue whose resolution involves a question concerning the interpretation or applica- tion of the Treaty, the court or tribunal concerned shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, refer the question to the Court for determination before delivering judgment.
ARTICLE XV COMPLIANCE WITH JUDGMENTS OF THE COURT Member States, Organs, Bodies of the Community or persons to whom a judg- ment of the Court applies, shall comply with that judgment.

ARTICLE XVI COMPULSORY JURISDICTION OF THE COURT 1.

Contracting Parties agree that they recognise as compulsory, ipso facto and without special agreement, the original jurisdiction of the Court provided for in Article XII.

2.
2.

In the event of a dispute as to whether the Court has jurisdiction, the mat- ter shall be determined by decision of the Court.

ARTICLE X W LAW TO BE APPLIED BY THE COURT IN THE EXERCISE OF ITS ORIGINAL JURISDICTION 1.

The Court, in exercising its original jurisdiction under Article XI1 (b) and (c), shall apply such rules of i~iternational law as may be applicable.

2.

The Court may not bring in a finding of non-liquet on the ground of si- lence or obscurity of the law.

3.
3.

The provisions of paragraphs (1) and (2) shall not prejudice the power of the Court to decide a dispute ex aequo et bono if the parties so agree.

ARTICLExwI INTERVENTION BY THIRD PARTIES 1.

Should a Member State, the Community or a person consider that it has a substantial interest of a legal nature which may be affected by a decision of the 16 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

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Court in the exercise of its original jurisdiction, it may apply to the ~ P u r t to in- tervene and it shall be for the Court to decide on the application.

2.

Whenever the construction of a convention to which Member States and persons other than those concerned in the case are parties, is in question, the Registrar shall notify all such States and persons forthwith.

3.
3.

Every State or person so notified has the right to intervene in the proceed- ings; but if the right is exercised, the"construction given by the judgment will be equally binding on all parties.

ARTICLE XIX APPLICATION FOR INTERIM MEASURES The Court shall have the power to prescribe if it considers the circumstances so require, any interim measures that ought to be taken to preserve the rights of a Party.

ARTICLE XX REVISION OF JUDGMENTS OF THE COURT IN THE EXERCISE OF ITS ORIGINAL JURISDICTION 1.
An application for the revision of a judgment of the Court in the exercise of its original jurisdiction may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and to the party claiming revi- sion: provided always that such ignorance was not due to negligence on the part of the applicant.

2.
2.

Proceedings for a revision shall be opened by a judgment of the Court ex- pressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision, and declaring the application ad- missible on this ground.

3.

The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.

4.

The application for revision shall be made within six months of the discov- ery of the new fact.

5.
5.

No application for revision may be made after the lapse of five years from the date of the judgment.

6.

Nothing in this Article shall affect the rights of third parties accrued since the delivery of the judgment mentioned in paragraph 1.

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The Caribbean Court of Justice Act, 2004. , 17 ANTIGUA AND BARBUDA ARTICLE XXI RULES OF COURT GOVERNING ORIGINAL JURISDICTION 1.
The President shall, in consultation with five other Judges of the Court selected by him, establish rules for the exercise of the original jurisdiction of the Court.

2.
Without prejudice to the generality of the preceding sub-paragraph, Rules of Court may be made for all or any of the following purposes - (a) Regulating the sittings of the Court, the selection of Judges for any purpose, and the period to be observed as a vacation in the Court and the transaction of business during any such vacation; (b) Regulating the pleading, practice, procedure, execution of the pro- cess of the Court and the duties of the officers of the Court; (c) Regulating matters relating to practice in the Court by Attorneys-at- Law, Legal Practitioners or advocates and the representation of per- sons concerned in any proceedings in the Court; (d) Providing for the summary detemzination of any matter which appears to the Court to be frivolous or vexatious or to be brought for the purpose of delay; (e) Regulating matters relating to the costs and the taxation thereof, of proceedings in the Court; @ Providing for the delivery of judgments in an expeditious manner; (g) Prescribing forms and fees in respect of proceedings in the Court; (h) Prescribing the time within which any requirement of the rules of Court is to be complied with; (i) Regulating or prescribing or doing any other thing which may be regulated, prescribed or done by rules of Court.
ARTICLE XXII JUDGMENT OF THE COURT TO CONSTITUTE STARE DECISZS Judgments of the Court shall be legally binding precedents for parties in pro- ceedings before the Court unless such judgments have been revised in accor- dance with Article XX.

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ARTICLE XXlTI ALTERNATIVE DISPUTE RESOLUTION 1.


Each Contracting Party shall, to the maximum extent possible, encourage and facililate the use of arbitration and other means of alternative dispute reso- lution for the settlement of international commercial disputes.

2.

To this end, each Contracting Party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and en- forcement of arbitral awards in such disputes.
ARTICLE XXIV LOCUS STANDI OF PRIVATE ENTRIES Nationals of a Contracting Party may, with the special leave of the Court, be allowed to appear as parties in proceedings before the Court where: (a) The Court has determined in any particular case that the Treaty in- tended that a right conferred by or under the Treaty on a Contract- ing Party shall ensure to the benefit of such persons directly; and (b) the persons concerned have established that such persons have been prejudiced in respect of the enjoyment of the benefit mentioned in sub-paragraph (a) of this Article; and (c) the Contracting Party entitled to espouse the claim in proceedings before the Court has: (i) (ii) omitted or declined to espouse the claim, or expressly agreed that the persons concerned may espouse the claim instead of the Contracting Party so entitled; and (d) the Court has found that the interest of justice requires that the per- sons be allowed to espouse the claim.
PART 111 APPELLATE JURISDICTION OF THE COURT ARTICLE XXV APPELLATE JURISDICTION OF THE COURT 1.

In the exercise of its appellate jurisdiction, the Court is a superior Court of record with such jurisdiction and powers as are conferred on it by this Agree- ment or by the Constitution or any other law of a Contracting Party.

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The Caribbean Court of Justice Act, 2004.

19 ANTIGUA AND BARBUDA 2.
Appeals shall lie to the Court from decisions of the Court of Appeal of a Contracting Party as of right in the following cases: (a) (b) (c) (d) (e) final decisions in civil proceedings where the matter in dispute on appeal to the Court is of the value of not less than twenty-five thou- sand dollars Eastern Caribbean currency (EC$25,000) or where the appeal involves directly or indirectly a claim or a question respect- ing property or a right of the aforesaid value; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil or other proceedings which involve a ques- tion as to the interpretation of the Constitution of the Contracting Party; final decisions given in the exercise of the jurisdiction conferred upon a superior court of a Contracting Party relating to redress for contra- vention of the provisions of the Constitution of a Contracting Party for the protection of fundamental rights; final decisions given in the exercise of the jurisdiction conferred upon a superior court of a Contracting Party relating to the determination of any question for which a right of access to the superior court of a Contracting Party is expressly provided by its Constitution; fl such other cases as may be prescribed by any law of the Contract- ing Party.
3.

An appeal shall lie to the Court with the leave of the Court of Appeal of a Contracting Party from the decisions of the Court of Appeal in the following cases: (a) final decisions in any civil proceedings where, in the opinion of the Court of Appeal, the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Court; and (b) such other cases as may be prescribed by any law of the Contract- ing Party.

4.
4.

Subject to paragraph 2, an appeal shall lie to the Court with the special leave of the Court from any decision of the Court of Appeal of a Contracting Party in any civil or criminal matter.

20 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

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10 of 2004.

5.


Nothing in this Article shall apply to matters in relation to which the deci- sion of the Court of Appeal of a Contracting Party is, at the time of the entry into force of the Agreement pursuant to the Constitution or any other law of that Party, declared to be final.

6.
6.

The Court shall, in relation to any appeal to it in any case, have all the jurisdiction and powers possessed in relation to that case by the Court of Ap- peal of the Contracting Party from which the appeal was brought.

7.
7.

(1) The President shall in consultation with five other Judges of the Court selected by him, make Rules of Court for regulating the practice and procedure of the Court in exercise of the appellate jurisdiction conferred on the Court and, in relation to appeals brought before the Court, the practice and procedure of any court in respect of such appeals.
(2) Without prejudice to the generality of the preceding sub-paragraph, Rules of Court may be made for all or any of the following purposes - (a) Regulating the sittings of the Court, the selection of Judges for any purpose, and the period to be observed as a vacation in the Court and the transaction of business during any such vacation; (b) Regulating the pleading, practice, procedure, execution of the pro- cess of the Court and the duties of the officers of the Court; (c) Regulating matters relating to practice in the Court by Attomeys-at- Law or Legal Practitioners and the representation of persons con- cemed in any proceedings in the Court; (d) Prescribing the cases in which, and the conditions upon which an appellant in a criminal appeal to the Court shall be entitled to be present at the hearing of the appeal; (e) Providing for the summary determination of any appeal which ap- pears to the Court to be frivolous or vexatious or to be brought for the purpose of delay; fJl Regulating matters relating to the costs and the taxation thereof, of proceedings in the Court; (g) Providing for the delivery of judgments in an expeditious manner; (h) Prescribing forms and fees in respect of proceedings in the Court; (i) Prescribing the time within which any requirement of the rules of Court is to be complied with; No.
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The Caribbean Court of Justice Act, 2004.

21 ANTIGUA AND BARBUDA 6) Regulating or prescribing or doing any other thing which may be regulated, prescribed or done by rules of Court.
PART N ENFORCEMENT, FINANCIAL AND FINAL PROVISIONS ARTICLE XXVI ENFORCEMENT OF ORDERS OF THE COURT The Contracting Parties agree to take all the necessary steps, including the enactment of legislation to ensure that: (a) all authorities of a Contracting Party act in aid of the Court and that any judgment, decree, order or sentence of the Court given in exer- cise of its jurisdiction shall be enforced by all courts and authorities in any territory of the Contracting Parties as if it were a judgment, decree, order or sentence of a superior court of that Contracting Party; (b) The Court has power to make any order for the purpose of securing the attendance of any person, the discovery or production of any document, or the investigation or punishment of any contempt of court that any superior court of a Contracting Party has power to make as respects the area within its jurisdiction.
ARTICLE XXW OFFICIALS AND EMPLOYEES OF THE COURT 1.

There shall be a Registrar of the Court, Deputy Registrars and other offi- cials and employees of the Court as the Commission may consider necessary.

The holders of those offices shall be paid such salaries and allowances and shall have such other terms and conditions of service as may, from time to time, be determined by the Commission.

2.
2.

With the concurrence of the competent authority of a Contracting Party, the Commission may appoint the Registrar of a superior court in the territory of that Contracting Party to be a Deputy Registrar of the Court.

3.

The Commission may, by directions in writing and subject to such condi- tion as it thinks fit, delegate any of its powers under paragraph 1 to any one or more of its members or to the Registrar of the Court.

4.
4.

For the purposes of paragraph 2 of this Article, "competent authority" means the authority vested with power to make appointments to the office of Registrar 22 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

No.

10 of 2004. of a superior court and to exercise disciplinary control over persons holding or acting in that office.

ARTICLE XXWII FINANCIAL PROVISIONS 1.


The expenses of the Court and of the Commission, including the cost of the maintenance of the Seat of the Court and the remuneration and allowances and other payments referred to in Article XXVII and this Article, shall be borne by the Contracting Parties in such proportions as may be agreed by the Con- tracting Parties.
The assessed contributions to be paid by a Contracting Party shall be charged by law on the Consolidated Fund or public revenues of that Contracting Party.

2.

(1) Subject to this Agreement and with the approval of the Conference, the Commission shall determine the terms and conditions and other benefits of the President and other Judges of the Court.

(2) The salaries and allowances referred to in sub-paragraph 1 shall be set out in Appendix I1 to this Agreement.
(3) Notwithstanding the provisions of Article XXXII, the Commission may, with the approval of the Conference, make regulations to amend Appendix 11.

3.

The salaries and allowances payable to the President and the other Judges of the Court and their other terms and conditions of service shall not be altered to their disadvantage during their tenure of office.
For the purposes of this para- graph, in so far as the terms and conditions of service of any Judge of the Court depend upon the option of that Judge, the terms for which that Judge opts shall be taken to be more advantageous to that Judge than any other terms and con- ditions for which the Judge might have opted.

4.
4.

There shall be paid to members of the Commission, other than the Chair- man, the actual travelling expenses and subsistence allowance at such rate per day as the Heads of Government may, from t h e to time, decide for the purpose of performing official duties as a member of the Commission.
ARTICLE XXIX RIGHT OF AUDIENCE Attorneys-at-Law, legal practitioners or advocates duly admitted to practice law in the courts of a Contracting Party shall, subject to the powers of the Court, not be required to satisfy any other condition in order to practice before the No.

10 of 2004.

The Caribbean Court of Justice Act, 2004.


23 ANTIGUA AND BARBUDA Court wherever the Court is sitting in exercise of its jurisdiction and they shall enjoy the privileges and immunities necessary for the independent exercise of their duties.
ARTICLE XXX PRIVILEGES AND IMMUNITIES The privileges and immunities to be recognised and granted by the Contract- ing Parties to the Judges and officers of the Court necessary to protect their independence and impartiality shall be laid down in a Protocol to this Agree- ment.
ARTICLE XXXI REGULATIONS The Commission may make Regulations - (a) governing the appointment, discipline, termination of employment and other terms and conditions of service and employment for - (i) (ii) Judges, other than the President; and officials and employees of the Court; (b) prescribing the procedure goveming the conduct of disciplinary pro- ceedings; (c) generally giving effect to this Agreement.

ARTICLE XXXTI AMENDMENT 1.

This Agreement may be amended by the Contracting Parties.

2.
2.

Every amendment shall be subject to ratification by the Contracting Parties in accordance with their respective constitutional procedures and shall enter into force one month after the date on which the last Instrument of ratification or accession is deposited with the Secretary-General (hereinafter in this Agreement referred to as "the Depositary").

ARTICLE Xxxm SIGNATURE This Agreement is open for signature by any of the States or countries re- ferred to in Article 11.
24 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

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10 of 2004.

ARTICLE XXXIV RATIFICATION This Agreement shall be subject to ratification by the signatory countries in ac- cordance with their respective constitutional procedures.

Instruments of ratifica- tion shall be deposited with the Depositary who shall transmit certified copies to the Government of each Contracting Party.
ARTICLE X M V ENTRY INTO FORCE This Agreement shall enter into force upon the deposit of Instruments of Rati- fication or Accession in accordance with Article XXXIV, by at least three Mem- ber States of the Caribbean Community.

ARTICLE X M V I ACCESSION 1.

Any country to which paragraph (b) of Article I1 applies may accede to this Agreement and become a Contracting Party on such terms and conditions as the Conference may decide.

2.

Instruments of Accession shall be deposited with the Depositary.
ARTICLE XXXW WITHDRAWAL 1.

A Contracting Party may withdraw from this Agreement by giving three years' notice in writing to the Depositary who shall promptly notify the other Contracting Parties accordingly and the withdrawal shall take effect five years after the date on which the notice has been received by the Depositary, unless the Contracting Party before the withdrawal becomes effective notifies the De- positary in writing of the cancellation of its notice of withdrawal.

2.
2.

A Contracting Party that withdraws from this Agreement undertakes to honour any financial or other obligations duly assumed as a Contracting Party; this includes any matter relating to an appeal filed before withdrawal becomes effective.

ARTICLE XXXWI IMPLEMENTATION The Contracting Parties shall take all necessary action, whether of a legislative, executive or administrative nature, for the purpose of giving effect to this Agree- No.

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25 ANTIGUA p B'4RJ3UDA ment.

Such action shall be taken as expeditiously as possible, and the Secretary- General shall be informed accordingly.

ARTICLE XXXTX RESERVATIONS A reservation may be entered to Article XXV of this Agreement wi?h the con- sent of the Contracting Parties.
APPENDIX I I ........................................................ do hereby swear (or solemnly am ) that I will faithfully exercise the office of PresidentIJudge of the Caribbean Court of Justice without fear or favour, affection or illwill and in accordance with the Code of Judicial Conduct.

So help me God (to be omitted in affirmation).

Annual Salary APPENDIX 11 1.

(a) The President of the Court [EC$] (b) Any other Judge of the Court - [EC$] 2.
Judges of the Court shall be paid super-annuation benefits in respect of their service as Judge of the Court as follows - (a) Less than 5 years' service - a gratuity of 20 per cent of the Judge's pensionable emoluments at the time of retirement for every year of service; (b) 5 to 10 years' service - a monthly pension equivalent to two - thirds of the Judge's monthly pensionable emoluments at the time of retirement.
(c) More than 10 years' service - a monthly pension equivalent to the Judge's monthly pensionable emoluments at the time of retirement.

3.

Every Judge of the Court shall be paid a monthly allowance for housing to be determined by the Heads of Government of the Contracting Parties in respect of the Judge's occupation of a fully furnished residence.

26 ANTIGUA AND BARBUDA ? '

/ I o Cilrihh~wt~ Oilrt q f ' Ji~sticc' .

- l c ~ .

2004.

No.

I0 of 2004.

4.


Every Judge shaH be p a d a monthly allowance to be determined by the Heads of Government of the Contracting Parties to meet the expenses incurred by the Judge in respect ol the employment of a chauffeur.

5.
5.

Every Judge shall be pad a travelling allowance to be determined by the Heads of Government of the ('ontracting Parties in respect of the use by the Judge of a motor car owncd by the Aldge on official duty, subject to the condi- tions of payment as detcrmlnccl by the lleads of Government of the Contracting Parties.

6.

Every Judge of thc ('utlrt shall be pruvided with telephone services at the charge, e\c.cpt for ~lnofficial overseas telephone calls.

Judge's residence, w l t l ~ o ~ ~ t 7.
Every Judge of the ('ot~rt shall be paid 3 subsistence allowance to be de- terrnlned by the I-ieads of (;u\ crnmenc of the C'unt~actlng Parties for each day on bbhlch the Judge 1s on ofticla1 duty 111 the trrrltory of a Contracting Party other than that of the seat of t11c ('ourt PRO'I'WOL '1.0 THE AGREERlENT ESTABLISHLNG THE CARIBBEAN COURT OF JUSTICE RELATING TO THE JURLDICAL PERSONALITY AND LEGAL CAPACITY OF THE COURT The Currtrricting Purtic~s: Notirrg that the Agreement Establishing the Caribbean Court of Justice (herein- after referred to as "the Agreement") entered into force on 23 July 2002; Currsciorrs that Article V1 of the Agreement confers on the Regional Judicial and Legal Services Comnlission (hereinafter referred as "the Conlrnission") full juridi- cal personality, including, 111 particular, full capacity to contract; Aware that the Government of Trinidad and Tobago, the Contracting Party in whose territory the Seat of the Caribbean Court of Justice (hereinafter referred to as "the Court") is situated, in accordance with Article I11 (4) of the Agreement, intends to conclude an Agreement relating to the Seat of the Court and the Head- quarters of the Commission; Desirous of conferring on the Court full juridical personality and legal capacity, Have Agreed as follows: No.
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The Caribbean Court of Justice Act, 2004.

27 ANTIGUA AND BARBUDA ARTICLE I JURIDICAL PERSONALITY AND LEGAL CAPACITY OF THE COURT 1.

The Court shall have full juridical personality.

2.

Each Contracting party to the Agreement shall, in its territory, accord to the Court the most extensive legal capacity accorded to legal persons under its municipal law.

3.

In any legal proceedings, the Court shall be represented by the Registrar of the Court.

4.
4.

Each Contracting Party to the Agreement shall take such action as is nec; essary to make effective in its territory the provisions of this Article and shall promptly inform the Secretary-General of the Caribbean Community of such ac- tion.
ARTICLE I1 PRIVILEGES AND IMMUNITIES OF THE COURT AND THE COMMISSION The President of the Court shall conclude with the Government of Trinidad and Tobago an Agreement relating to the Seat of the Court and the Headquar- ters of the Commission setting out, inter alia: ' (a) the terms respecting the facilitation of the administration and operation of the Court and the Commission; and (b) the privileges and immunities to be accorded to the Commission and its members, the Court, the Judges and officers of the Court, parties, their counsel and other persons required to appear before the Court.
ARTICLE m RELATIONSHIP BETWEEN THIS PROTOCOL AND THE AGREEMENT This Protocol shall be read as one with the Agreement.

ARTICLE IV SIGNATURE This Protocol shall be open for signature by the Contracting Parties to the Agreement.

28 ANTIGUA AND BARBUDA The Caribbean court of Justice Act, 2004.

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ARTICLE V ENTRY INTO FORCE This Protocol shall enter into force on signature by the Contracting Parties to the Agreement.

ARTICLE VI ACCESSION 1.


Any Contracting Party to the Agreement may accede to this Protocol.

2.

Instruments of accession shall be deposited with the Secretary-General who shall transmit certified copies to the Governments.
THIRD SCHEDULE PROTOCOL ON THE STATUS, PRIVILEGES AND IMMUNITIES OF THE CARIBBEAN COURT OF JUSTICE AND THE REGIONAL JUDICIAL AND LEGAL SERVICES COMMISSION PREAMBLE The Contracting Parties Noting that the Agreement Establishing the Caribbean Court of Justice entered into force on 23 July 2002; Recognising that paragraph 2 of Article VII of the Agreement Establishing the Caribbean Court of Justice (hereinafter referred to as "the Agreement") provides that the privileges and immunities to be accorded the Regional Judicial and Le- gal Sewices Commission shall be laid down in a Protocol to the Agreement; Conscious that Article XXX of the Agreement also provides that the privileges and inmlunities to be recognised and granted by the Contracting Parties thereto to the judges and officers of the Court necessary to protect their independence and impartiality, shall be laid down in a Protocol to the Agreement; and Desirous of establishing conditions to safeguard the independence and integ- rity of the judges and officers of the Caribbean Court of Justice (hereinafter re- ferred to as "the Court") and the Members of the Regional Judicial and Legal Services Commission, Have agreed as follows: No.
10 of 2004 The Caribbean Court of Justice Act, 2004.
29 ANTIGUA AND BARBUDA ARTICLE I USE OF TERMS In this Protocol, unless the context otherwise requires: "archives of the Court or the Commission" includes the records, correspon- dence, documents, manuscripts, photographs, slides, films, sound recordings and electronic storage devices belonging to or held by the Court or the Commission; "Commission" means the Regional Judicial and Legal Services Commission es- tablished by Article V of the Agreement; "competent Authorities" means national, regional or local authorities of the Con- tracting Parties as may be appropriate in the context and in the laws of the Con- tracting Parties; "Conference" means the Conference of Heads of Government of the Member States ef the Caribbean Community; "Contracting Party" means a state in relation to which this Protocol is in force; "counsel" means a person qualified to conduct proceedings before the Court on behalf of another; "the Court" means the Caribbean Court of Justice established by Article I11 of the Agreement; "the Government" means the Government of a Contracting Party to this Pro- tocol; "officers of the Court" means the Registrar of the Court and the Deputy Registrar: "the President" means the President of the Court; "property" means all forms of property, including funds and assets belonging to or held or administered by the Court or the Commission and all income accru- ing to the Court or the Commission; "Registrar" means the Registrar of the Court; "Secretary-General" means the Secretary-General of the Caribbean Commu- nity.
30 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

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ARTICLE I1 PROPERTY FUNDS AND ASSETS OF THE COURT AND THE COMMISSION 1.

The Court, the Commission, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so for as in any particular case such immunity has been expressly waived in accordance with Article X.

No waiver of immunity shall extend to any measure of execution.

2.
2.

The property of the Court and the Commission, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expro- priation and any other form of interference whether by executive, administrative or judicial action.

ARTICLE m PREMISES OF THE COURT AND THE COMMISSION 1.

The premises occupied by the Court or the Commission shall be inviolable.

2.
2.

The President may make regulations relating to the premises mentioned in paragraph 1 of this Article for the purpose of establishing therein conditions necessary for the full execution of the fbnctions of the Court or the Commission, as the case may be.

3.

Officials of the Government shall not enter the premises referred to in this Article to perform any official duties therein except with the consent of and under conditions agreed by the President.
However, in case of fire or other emergency requiring prompt protective action or in the event that officials of the Govern- ment have reasonable cause to believe that such an emergency has occurred, the consent of the President to entry on the premises by the officials of the Gov- ernment shall be presumed if the President cannot be reached in time.
ARTICLE IV ARCHIVES OF THE COURT AND THE COMMISSION The archives of the Court and the Commission, and in general all documents belonging to or held by the Court or the Commission, shall be inviolable wher- ever located.

ARTICLE V EXEMPTION FROM FOREIGN EXCHANGE CONTROLS 1.

Without being restricted by financial controls, regulations or moratoria of any kind, the Court and the Commission shall be entitled for their official use only: No.

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The Caribbean Court of Justice Act, 2004.


31 ANTIGUA AND BARBUDA (a) to purchase from authorised dealers, hold and make use of nego- tiable currencies, operate foreign currency and external accounts and purchase through authorised dealers, hold and make use of funds and securities; (b) to freely transfer their finds, securities and foreign currencies to or from the territory of any Contracting Party and to convert any cur- rency held by them into any other currency.

2.
2.

The Court and the Commission, in exercising their rights under paragraph 1 of this ArticIe, shall pay due regard to any representations made by the Gov- ernment and shall give effect to such representations so far as this is possible without detriment to the interests of the Court or the Commission.

ARTICLEVI EXEMPTTON PROM TAXE3, CUSTOIWS D m s AND IMPORT OR EXPORT DUTIES 1.
The Court and the Commission shall be exempt from: (a) any form of direct or indirect taxation, but the Court or the Commis- sion shall not claim exemption from taxes which are, in fact, no more than charges for public utility services; (b) customs duties and prohibitions and restrictions on imports in re- spect of articles imported or exported by the Court or the Cornrnis- sion for their official use, subject to the condition that articles irn- ported under such exemption shall not be sold within the territory of the Contracting Party except under conditions agreed to with the Gov- ernment; (c) customs duties and other levies and prohibitions and restrictions in respect of the import, sale and export of their publications.
2.

For the purposes of this Article, "indirect taxation" means airport depar- ture or travel tax, travel ticket tax, hotel and restaurant taxes, customs and excise duties, consumption tax, stamp duties, withholding tax on interest, value added tax, finance charges and imposts with equivalent effect.

ARTICLE W FACIUTDB IN RESPECT OF COMMUNICATIONS 1.


The Court and the Commission shall, in relation to their official communica- tions, enjoy in the territory of the Contracting Party, treatment no less favourable than that accorded by the Government to any other international organisation.

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2.

The Court and the Commission shall be immune from censorship of their official correspondence and official communications.

3.
3.

The Court and the Commission shall have the right to use codes and to despatch and receive correspondence whether by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags.

4.

Nothing in this Article shall be construed so as to preclude the adoption of appropriate security measures in the interest of the Government concerned.

ARTICLE Vm JUDGES AND OFFICERS OF THE COURT AND MEMBERS OF THE COMMISSION 1.
Judges and officers of the Court and members of the Commission engaged in the business of the Court or the Commission, as the case may be, in the ter- ritory of a Contracting Party, shall enjoy: (a) immunity from legal process in respect of words spoken or written and all acts done by them in their official capacity; such immunity shall continue notwithstanding that the persons concerned have ceased to exercise their functions with the Court or the Commission; (b) immunity from personal arrest or detention in relation to acts per- formed by them in their official capacity; (c) inviolability of all papers, documents and materials related to the work of the Court or the Commission as the case may be; (d) exemption from immigration restrictions, alien registration require- ments and national service obligations; (e) the same protection and repatriation facilities in times of international crisis as are accorded representatives of foreign governments on tem- porary official missions; fl the right, for the purpose of all communications with the Court or the Commission, as the case may be, to use codes and to despatch or receive papers, correspondence or other official material by cou- rier or in sealed bags; (g) the same privileges and facilities in respect of currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; No.
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33 ANTIGtrA AND BARBUDA (h) (i) immunity from inspection and seizure of personal and official bag- gage except in cases where the person is caught inflagrante delicto.

In such cases, the competent authorities shall immediately inform the Registrar or other appropriate official of the Court.
Inspection of per- sonal baggage shall be conducted in the presence of the person con- cerned or his authorised representative, and in the case of official baggage, in the presence of a duly authorised representative of the Registrar; exemption from any form of direct taxation on salaries, remuneration and allowances paid by the Court or the Commission and from cus- toms duties on imports in respect of articles imported for personal use, subject to the condition that articles imported under such ex- emption shall not be sold within the temtory of the Contracting Party except under conditions determined by the Government.
ARTICLE IX COUNSEL APPEARING IN PROCEEDINGS BEFORE THE COURT 1.
Counsel appearing in proceedings before the Court while present in the territory of a Contracting Party shall, in the performance of their hnctions con- nected with such proceedings, enjoy: (a) inviolability of all papers, documents and materials relating to the proceedings before the Court; (b) immunity from personal arrest or detention and legal process in rela- tion to words spoken or written or acts performed by them in rela- tion to proceedings before the Court; (c) (d) exemption from immigration restrictions, alien registration require- ments and national service obligations; the same privileges and facilities in respect of currency and exchange restrictions in relation to proceedings before the Court as are accorded to representatives of foreign governments on temporary official rnis- sions.
2.

The immunity mentioned in paragraph l(a) and (b) shall continue although the person entitled is no longer conducting proceedings before the Court.

3.

The privileges, immunities and facilities mentioned in this Article are only intended to assist Counsel in the efficient representation of clients in proceed- ings before the Court and shall not be employed to circumvent applicable laws and regulations of the Government.

34 ANTIGUA AND BARBUDA The Curibbeun Court of Justice Act, 2004.

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No.

10 of 2004.

ARTICLE X CMPERATION WITH COMPETENT AUTHORITIES 1.

Privileges and immunities are recognised and granted by this Protocol in the interest of the Court and the Commission and not for the personal ben- efit of persons entitled thereto.
The Conference in the case of the President and the President in the case of other persons entitled thereto, shall have the right to waive such privileges and immunities whenever in their opinion the enjoyment of the privileges and irnmunities would impede the course of justice and could be waived without prejudice to the interests of the Court or the Com- mission.

2.
2.

The President and the Registrar, as the case may be, shall co-operate at all times with the competent authorities to facilitate the proper administration of jus- tice, secure the observance of the laws and regulations of the Government and to avoid the occurrence of any abuse in connection with the privileges, irnmuni- ties and facilities mentioned in this Protocol.

3.
3.

Without prejudice to the privileges and immunities accorded by this Proto- col, it is the duty of all persons enjoying such privileges and immunities to re- spect the laws and regulations of the Government and not to interfere in the internal affairs of the Contracting Party.

4.
4.

If the Government considers that an abuse has occurred in the enjoyment of any privilege or immunity conferred by this Protocol, the Registrar shall, at the request of the Government, consult with the competent authorities to deter- mine whether such an abuse has occurred.

If such consultations fail to achieve results satisfactory to the Registrar and the Government, the issue shall be settled in accordance with the procedure laid down in Article XII.

ARTICLE XI FACILITATION OF TRAVEL 1.
Subject to the laws or regulations restricting entry or movement for rea- sons of national security, the Contracting Party shall extend all facilities for the uninterrupted passage within its territory as well as for the entry and departure therefrom of the categories of persons mentioned below: (a) judges of the Court and members of their families forming part of their households; (b) officers of the Court and members of their families forming part of their households; No.

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35 ANTIGUA AND BARBUDA (c) members of the Commission; (d) counsel and their clients appearing in proceedings before the Court; (e) persons appearing in proceedings before the Court; fl persons other than oficers of the Court performing missions for the Court and members of their families forming part of their household; and (g) other persons invited to the Seat of the Court or the offices of the Commission on official business.

2.
2.

The Registrar shall communicate to the Government the names of the per- sons mentioned in paragraph 1 of this Article.

3.

This Article shall not be applicable in case of a general interruption of transportation and shall not impede the effective application of laws in force nor waive the reasonable application of quarantine and health regu!ations.

4.

Visas required by persons referred to in paragraph I of this Article shall be granted by the Government expeditiously and free of charge.
ARTICLE XI1 SETTLEMENT OF DISPUTES 1.

The President shall make appropriate provisions for the settlement of: (a) disputes arising out of contracts and other disputes of a private law character to which the Court or the Commission is a party; (b) disputes involving any judge or officer of the Court or Counsel con- ducting proceedings before the Court enjoying immunity if such immunity has not been waived by the persons empowered in that behalf.

2.
Any difference between the Government and the Court or the Commission arising out of the interpretation or application of this Protocol and which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a Tribunal of three arbitrators at the instance of any Contract- ing Party to this Protocol: one to be appointed by the Government, one to be appointed by the Registrar, and the third, who shall be the Chairman of the Tri- bunal, to be chosen by the first two arbitrators.
3.

If any of the parties fails to appoint an arbitrator within six weeks of the decision to resort to arbitration, an arbitrator or arbitrators, as the case may be, shall be appointed for such purposes by the Secretary-General.

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4.


If the first two arbitrators within three weeks of their appointment fail to agree upon the third arbitrator, the Government or the Registrar shall request the Secretary-General to appoint the third arbitrator.

5.

A majority vote of the arbitrators shall be sufficient to reach a decision which shall be final and binding.

6.

The Chairman shall be empowered to settle all questions of procedure in any case where there is disagreement between the other arbitrators in respect thereto.
ARTICLE XUI ENTRY INTO FORCE This Protocol shall enter into force immediately upon signature by at least three Contracting Parties to the Agreement.

ARTICLE XIV ACCESSION 1.

Any Contracting Party to the Agreement may accede to this Protocol.

2.

Instruments of accession shall be deposited with the Secretary-General who shall transmit certified copies to the Governments.

ARTICLE XV AMENDMENT3 1.


Consultations in respect of any amendment to this Protocol may be initi- ated either by the Government or the Registrar.

2.

Amendments shall enter into force upon their acceptance by all of the Con- tracting Parties.

ARTICLE XVI DEPOSlTrnY This Protocol and any amendment thereto shall be deposited with the Secretary- General who shall transmit certified copies thereof to the Contracting Parties.
Each Contracting Party shall promptly inform the Conference of the action which it has taken to make effective the provisions of this Protocol in its terri- tory.

No.

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The Caribbean Court of Justice Act, 2004.

37 ANTIGUA AND BARBUDA ARTICLE XVIII WlTKDRAWAL 1.

A Contracting Party which withdraws from the Agreement, may also with- draw from this Protocol by giving notice in writing to the Depositary who shall promptly notify the other Contracting Parties accordingly.

1 2.
1 2.

Withdrawal shall take effect five years after the date on which the notice was received by the Depositary, unless the Contracting Party before the with- drawal becomes effective notifies the Depositary in writing of the cancellation of its notice of withdrawal.

3.

A Contracting Party withdrawing from this Prstocol shall honour all obli- gations assumed by it before the effective date of its withdrawal.
FOURTH SCHEDULE AGREEMENT ESTABLISHING THE CARIBBEAN COURT OF JUSTICE TRUST FUND The Parties to the Agreement Establishing the Caribbean Court of Justice: Cognisant that the Court is indispensable for the good governance of the Car- ibbejln Community; Recognising the critical role of the Court in the efficient administration of Jus- tice in the territories of the Contracting Parties to the Agreement establishing the Court; Recognising further that the Court is vital for the structured and efficient func- tioning of the CARICOM Single Market and Economy; Noting the provisions of Article XXVIII of the Agreement establishing the Court which requires the expenses of the Court and the Commission to be borne by the Contracting Parties to the Agreement establishing the Court; Conscious that the financial viability of the Court is essential for its efficiency, effectiveness and independence in the performance of its functions; Bearing in mind the decision of the Twenty-third Meeting of the Conference of Heads of Government of the Caribbean Community concerning the capital and recurrent expenditures of the Court; Determined to promote and safeguard the independence, integrity and credibil- ity of the Court, b 38 AhTTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.
No.

10 of 2004.

Have agreed as follows: ARTICLE I INTERPRETATION 1.
In this Agreement unless the context otherwise requires: "Board" means the Board of Trustees of the Fund; "Commission" means the Regional Judicial and Legal Services Commis- sion established under Article V of the Agreement Establishing the Carib- bean Court of Justice; "Court" means the Caribbean Court of Justice established under Article I11 of the Agreement Establishing the Caribbean Court of Justice; "find" means the Caribbean Court of Justice Trust Fund established by Article I1 of this Agreement; "Member" means a Contracting Party to the Agreement Establishing the Car- ibbean Court of Justice and in relation to which this Agreement is in force; and "Secretary-General" means the Secretary-General of the Caribbean Com- munity.
ARTICLE I1 ESTABLISHMENT OF THE CARIBBEAN COURT OF JUSTICE TRUST FUND The Caribbean Court of Justice Trust Fund is hereby established.

ARTICLE m PURPOSE OF FUND The purposes of the Fund shall be to provide the resources necessary to finance the biennial capital and operating budget of the Court and the Commis- sion in perpetuity.

ARTICLE N RESOURCES OF THE FUND 1.

The resources of the Fund shall consist of: No.

10 of 2004.

The Caribbean Court of Justice Act, 2004.


39 ANTIGUA AND BARBUDA (a) the contributions of Members; (b) income derived from operations of the Fund or otherwise accruing to the Fund, and (c) contributions of third parties being contributions which are not likely to prejudice the independence or integrity of the Court.

2.

The Fund shall not solicit nor accept any grant, gift or other material ben- efit from any source except with the consent of all the Members.

3.
3.

Each original Member shall, upon the entry into force of this Agreement, contribute or cause to be contributed to the Fund the amount expressed in the scale of contributions set out in the Annex to this Agreement.

4.

Each Member acceding to this Agreement shall make contributions to the Fund in accordance with the provisions set out in its instrument of accession.

5.
5.

The Board shall review the adequacy of the resources of the Fund, not later than two years after the entry into force of this Agreement and thereafter at least once within every succeeding biennium.

6.

The Board shall communicate the results of the review to the Members.

7.

Where upon such a review an inadequacy in resources is found to exist, the Members shall make additional contributions in the proportions reflected in the Annex to this Agreement.

8.
8.

Contributions of Members shall be made for the purpose of the Fund with- out restriction as to use.

9. Financing from the Fund shall be governed by considerations of economy, efficiency and cost effectiveness and the need to safeguard the independence and sustainability of the Court and the Commission.

10.

For the purpose of this Article "original Member" means a State or terri- tory of the Caribbean Community which was a Member on the date this Agree- ment entered into force.
ARTICLE V STRUCTURE OF THE FUND The Fund shall have a Board of Trustees.

40 ANTIGUA AND BARBUDA The Caribbean Court of Justice * ~ c t ; 2004.

No.

10 of 2004.

ARTICLE VI COMPOSITION OF THE BOARD OF TRUSTEES 1.
Subject to the provisions, of this Article, the Board of Trustees shall con- sist of the following or their nominees: (a) The Secretary-General; (b) The Vice-Chancellor of the University of the West Indies; (c) The President of the Insurance Association of the Caribbean; (d) The Chairman of the Association of Indigenous Barks of the Carib- bean; ( ) The President of the Caribbean Institute of Chartered Accountants; 0 The ~risident of\he Organisation of Commonwealth Caribbean Bar Associations; (g) The Chairman of the Conference of Heads of the Judiciary of Mem- ber States of the Caribbean Community; (h) The President of the Caribbean Association of Industry and Com- merce; and (i) The President of the Caribbean Congress of Labour.
2.

There shall be a Chairman and Vice-Chairman of the Board elected by the Board from among its members.

The Chairman and Vice-Chairman shall hold of- fice for a period of b e e years.

3.
3.

Where a trustee - (a) resigns or dies; (b) becomes bankrupt or otherwise insolvent; (c) (d) (e) becomes unwilling or refuses to serve as a trustee; is convicted of an offence involving dishonesty; or in the unanimous opinion of the other members of the Board, be- comes unfit or incapable to act as such, the competent institution No.

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The Caribbean Court of Justice Act, 2004.

41 ANTIGUA AND BARBUDA shall nominate a person of comparable status or experience to act in place of that trustee.
4.

Where an institution fails to nominate a trustee in accordance with para- graph 3 or an institution mentioned in paragraph 1 ceases to exist, the Secretary- General may designate a person or persons, as the case may require, to act as a trustee.

5.

Where more than three designations by the Secretary-General are required to make up the full complement of the Board of Trustees, the Members may, by consensus, propose an amendment to the Agreemeqt 4 accordance with Article XII.

6.
6.

A trustee may resign by transmitting a written notice in that behalf to the Chairman of the Board.

Where the Chairman wishes to resign from the office of Chairman or Trustee, such notice shall be transmitted to the Vice-Chairman of the Board.

ARTICLE VII FUNCTIONS OF THE BOARD 1.
The Board shall be responsible for directing the operations of the Fund, and, for this purpose shall, in particulw, exercise the following functions: (a) (b) (c) (rl) evaluate the performance of the Fund; establish with the approval of the Members guidelines for pruden- tial investment of the resources of the Fund; establish with the approval of the Members the financial regulations of the Fund; appoint the Executive Officer of the Fund; (e) authorise the provision of resources required for the biennial capital and operating budget of the Court and the Commission submitted by the Executive Officer; Cf) , q j appoint an investment manager or managers to manage the invest- ments of the Fund in accordance with the investment guidelines for the Fund; applove the annual report on the performance of the Fund for trans- !1115>1011 to the Membets ANTIGUA AND BAKBLTL)A -42 1110 ('irr.rhhc~rrn Court oj Jir~ticr Act, 2004 No.
10 of 2004.

( A ) a p p r o ~ e the cap~tal and operating annual budget of the Fund; ( I ) appo~nt an external Auditol.

of the Fund; (1) ( X ) subm~t a n annual report to the Members, and perf'ornl such other ti~nctions as may be necessary or appropriate for the operations of the F~lnd (2) The Board may exerc~se such powers and establish such rules as may be necessary or appropriate in t'urtlierance of its pulpose and functions consistent with this Agreement.

AII'HCLE \'I11 1'IIOCEI)I;RES OF THE BOARD 1.


The Board shall hold two regular nleetings each year and may hold such other meeting as the Board considers necessary 2.

The Boa.rd shall elect a Chairman and one Vice-chairman at its first regular annual meeting.

3.

Each member of the Board shall have one vote.

4.

A simple majority of the members of the Eoard shall constitute the quorum for any meeting of the Board.

5.

Subject to paragraph 6 of this Artlcle the Board shall take decisions by consensus.
A proposal shall be deemed to have been adopted by consensus if no member of the Board rased a formal object~on against it during the meeting.

6.

Where the Cha~rman of the Board determines that a decision cannot be reached by consensus, the Chairman shall submit the matter to a vote.

In such a case the Board shall take ~ t s declsion by a majority of two-thirds of its mem- bers.

7.

Subject to thls Agreement, the Board may adopt its own rules of proce- dure.

ARTICLE VIII bis THE SEAL OF THE FUND 1.


The Fund shall have and use as occasion may require, a Seal having a device or impression with the inscription "Caribbean Court of Justice Trust Fund."

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10 of 2004.

The Caribbean Court of Justice Act, 2004.

43 ANTIGUA AND BARBUDA 2.

The Seal of the Fund shall be kept in the custody of the Executive Officer and shall be affixed to documents pursuant to a resolution of the Board in the presence of the Chairman of the Board and the Executive Officer.

3.
3.

The Seal shall be authenticated by the signature of the Chairman of the Board and the Executive Officer.

ARTICLE M FUNCTIONS OF THE EXECUTIVE OFFICER The Executive Officer shall report to the Board and shall be invited to partici- pate in all its meetings, except where the Board considers it inexpedient, having regard to the matters on the agenda for any meeting.
The Executive Officer shall: (a) prepare and submit to the Board the capital and operating annual budget of the Fund; (b) manage the day-to-day operations of the Fund; (c) enlploy staff and engage the services of consultants; (d) prepare and submit to the Board for submission to the Members: (i) (ii) a quarterly report on the performance of the Fund; an annual report on the operations of the Fund; (e) submit to the Board a statement of receipts and expenditures relat- ing to the Fund during the preceding fiscal year as audited by the External Auditor; 0 represent the Fund in relation to third parties; and (g) perform any other functions as may be assigned by the Board from time to time.
ARTICLE X JURIDICAL PERSONALITY AND LEGAL CAPACITY 1.

The Fund shall possess full juridical personality and in particular capacity to: (a) contract; (b) acquire and dispose of immovable and movable property; and 44 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

No.

10 of 2004.

(c) institute legal proceedings.

2.

The principal office of the Fund shall be located in Trinidad and Tobago.

3.
3.

The Fund shall conclude an agreement with the Government of Trinidad and Tobago on the status, privileges and immunities of the Fund.

The agree- ment shall be approved by the Board, and signed by the Chairman.

ARTICLE XI PRIVILEGES AND IMMUNITIES 1.

To enable the Board and Officers of the Fund to fulfill the functions with which it is entrusted, the status, immunities and privileges provided in this Article shall be accorded to the Fund in the territories of each Member.

2.
2.

The Fund shall enjoy immunity from every form of legal process.

Its prop- erty and assets, wheresoever located and by whomsoever held, shall be immune from all forms of seizure, attachment or execution.

3.

The archives of the Fund shall be inviolable.

4.


To the extent necessary to carry out the operations provided for in this Agreement and subject to the provisions of this Agreement, all property and assets of the Fund shall be free from restrictions, regulations, controls and mora- toria of any nature.

5.

The official communications of the Fund shall be accorded by each Mem- ber the same treatment that it accords to the official communications of other Members.

6.
6.

The Fund, its assets, property, income and its operations and transactions, shall be exempt from all taxation, all customs duties on goods imported for its official use and all other imposts.

7.

Notwithstanding the provisions of paragraph 6 of this Article, the Fund will not claim exemption from imposts that are no more than charges for public utility services.

8.
8.

Where the Fund has paid any duties, taxes or other imposts, the Members shall make appropriate administrative arrangements for the remission or return of the amount of duty, tax or imposts paid.

9.

Articles imported under an exemption from customs duties as provided by paragraph 6 of this Article, or in respect of which a remission or return of duty No.

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The Caribbean Court of Justice Act, 2004.


45 ANTlGUA AND BARBUDA or tax has been made under paragraph 8, shall not be sold in the territory of the Member which granted the exemption, remission or return except under condi- -tions agreed with that Member.

10.
10.

No tax shall be levied on or in respect of salaries and emoluments paid by the Fund to members of the Board or other officers, but Members reserve the right to tax their own citizens or nationa!~ or persons permanently resident in the territories of such Members.

11.
All officers of the Fund: (a) shall be exempt from the payment of income taxes except where that officer is a citizen, permanent resident or national of the State grant- ing the exemption; (b) shall be accorded such immunities from immigration restrictions, alien registration requirements and national service obligations, and such facilities as regards exchange control restrictions, as are not less favourable than those accorded by the Member concerned to the representatives, officials and employees of comparable rank of any other Member; (c) shall be given such repatriation in time of international crisis as are not less favourable than those accorded by the Member concerned to the representatives, officials and employees of comparable rank of any other Member.
12.

The Trustees: (a) shall be immune from all legal proaess in respect of the lawhl dis- charge of their responsibilities under this Agreement; (b) shall be accorded immunities from immigration restrictions and such facilities as would ensure the proper discharge of their func- tions.

13.

The immunities, exemptions and privileges provided in this Article are granted in the interests of the Fund.
The Board may waive to such extent and upon such conditions as it may determine, the immunities, exemptions and privi- leges provided in this Article in cases where such action would, in its opinion, be appropriate in the best interests of the Fund.

14.

The Executive Officer shall have the right and the duty to waive any im- munity, exemption or privilege in respect of any other officer where, in his opin- 46 ANTIGUA AND BARBUDA The Caribbean Court of Justice Act, 2004.

No.
No.

10 of 2004. ion, the immunity, exemption or privilege would impede the course of justice and can be waived without prejudice to the interests of the Fund.

In similar circum- stances and under the same conditions, the Board shall have the right and duty to waive any immunity, exemption or privilege respecting the Executive Officer, and in the case of members of the Board, the Members shall waive such immunity.

15.
15.

The Members shall take such action as is necessary in their own territo- ries for the purpose of making effective in terms of their law the principles set forth in this Article and shall inform the Fund of the detailed action which they have taken.

ARTICLE XII AMENDMENT Any Member may submit to the Board a proposal to amend a provision of this Agreement.

The Board shall promptly submit the proposal to all other Mem- bers.
The amendment shall take effect on the thirtieth day following the date on which the Secretary-General (hereinafter referred to as "the Depositary") has received the approval of three-quarters of the Members.

ARTICLE XIH SIGNATURE This Agreement shall be open for signature by the States mentioned in the Annex hereto.

ARTICLE XIV ENTRY INTO FORCE This Agreement shall enter into force on signature by the States mentioned in the Annex hereto.
ARTICLE XV RESERVATIONS No reservations may be entered in respect of any provision of this Agree- ment.

ARTICLE XVI ANNEX The Annex to this Agrement shall constitute an integral part of this Agree- ment.

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The Caribbean Court of Justice Act, 2004.

47 ANTIGUA AND BARBUDA ARTICLE XW ACCESSION 1.


Any Member State of the Caribbean Community or any State or territory invited by the Conference of Heads of Government of the Caribbean Community to participate in the Court may become a Member by acceding to this Agree- ment on terms and conditions agreed between it and the Fund.

Accession shall be effected by the deposit of an instrument of accession approved by the Board.
This Agreement shall enter into force for the acceding Member on the thirtieth day following the date on which its instrument of accession was deposited with the Depositary.

2.

Where any State accedes to this Agreement and undertakes to discharge its financial obligations to the Trust Fund, the Amex shall be amended to reflect such accession and undertaking.

ARTICLE X W I WITHDRAWAL 1.


Where a Member withdraws from the Agreement Establishing the Carib- bean Court of Justice, such a Member shall be deemed to have withdrawn from this Agreement with effect from the date of that Member's withdrawal from the Agreement establishing the Caribbean Court of Justice.

2.

A Member withdrawing from this Agreement shall honour all obligations assumed by it before the effective date of its withdrawal.

ARTICLE XIX DEPOSITARY AND REGISTRATION 1.


This Agreement shall be deposited with the Depositary.

2.

This Agreement shall be registered in accordance with .the provisions of Article 102, of the Charter of the United Nations.

ANNEX CONTRIBUTION OF THE MEMBERS OF THE TRUST FUND MEMBERS Antigua and Barbuda Barbados Belize PER CENT SHARE The Caribbean Court of Justice Act, 2004.

No.

10 of 2004.
No.

10 of 2004.

48 ANTIGUA AND BARBUDA Dominica Grenada Guyana Haiti Jamaica Montserrat St. Kitts and Nevis Saint Lucia St. Vincent and the Grenadines Suriname Trinidad and Tobago TOTAL Passed the House of Representatives this 26th day of August, 2004.

Passed the Senate this 3rd day of September, 2004.

D. Giselle Isaac-Arrindell, Speaker.

Edmond A. Mansoor, President.

Y. Henry, Acting Clerk to the House of Represen- tatives.

Y. Henry, Acting Clerk to the Senate.


Printed at the Government Printing Office, Antigua and Barbuda, by Walter A. Massiah, Government Printer -By Authority, 2004.

1000-10.04 [ Price $1 7.65 ]