Cayman Islands

Section 19, subsection 3 states:

The Chief Medical Officer shall transmit to the Supervisor the name, street address, date of birth and occupation of any person who has been certified to be insane or otherwise adjudged to be of unsound mind under the Mental Health Law (1997 revision) or any other law in force in the Islands. Such transmission shall be made not later than ten days after the person concerned has been so certified or adjudged.

 

Section 36, subsection 2 states:

Where a presiding officer cannot perform his duties on polling day due to illness or other inability, the Supervisor shall appoint an alternative presiding officer to undertake those duties.

 

Section 37, subsection 3 states:

Where a field officer, logistics officer or poll clerk cannot perform his duties on polling day due to illness or other inability, the Supervisor shall appoint an alternative field officer, logistics officer or poll clerk, as the case may be, to undertake those duties.

 

Section 47, subsection 2 states:

The presiding officer shall instruct the elector how to make his mark, and shall properly fold the elector’s ballot paper, directing him to return it, when marked, folded as shown, without inquiring or seeing for whom the elector intends to vote, except when the elector is unable from physical or other disability from voting without assistance to vote in the manner prescribed by this Law.

 

Section 109, subsection 1 states:

The Governor in Cabinet, acting on the recommendation of the Supervisor, may make rules-…

• (d) generally with respect to any matters incidental to this Law so far as those provisions relate to the registration of electors, the taking of a vote at a mobile station or to voting by post and, without prejudice to the generality of the foregoing, such rules may include provisions relating to-
  • (i) the evidence which shall or may be required or be deemed sufficient or conclusive evidence in connection with a person’s application to be treated as an absent elector, or of his being subject to any physical incapacity, or of the fact that he is acting as returning officer at any election;
  • (ii) the marking of any register so as to distinguish persons having special rights as to the place or manner of voting at any election; and
  • (iii) the procedure in connection with the issue and receipt of ballot papers for voting at a mobile station or by post (including provisions as to the persons who are to be entitled or may be allowed to attend and the rights and obligations of persons attending) and as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.

 

Form 4 states:

…A person is entitled to be registered as an elector…provided that person is not…

• (b) a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands…

 

Excerpts from the Elections Law (1983, last amended 2009)

Section 5, subsection 2 states:

The right to liberty does not extend to the following measures taken in relation to a person in accordance with a procedure described by law:…(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the protection of the community…

 

Section 35, subsection 1 states:

During any period when the office of Governor is vacant or the Governor is absent from the Cayman Islands or is for any other reason unable to perform the functions of his or her office, those functions shall be assumed and performed by— (a) the Deputy Governor; or (b) if the office of Deputy Governor is vacant or the Deputy Governor is absent from the Cayman Islands or is for any other reason unable to perform those functions, such public officer, being a Caymanian, as Her Majesty may designate by instructions given through a Secretary of State (“the person designated”).

 

Section 36, subsection 1 states:

Whenever the Governor—

• (a) has occasion to be absent from Grand Cayman but not from the Cayman Islands;
• (b) intends to be absent from the Cayman Islands for a short period; or
• (c) is suffering from any illness which he or she believes will be of short duration, the Governor may, acting in his or her discretion and by instrument under the public seal, appoint the Deputy Governor (or if the Deputy Governor is not available any other public officer in the Cayman Islands who is a Caymanian) during such absence or illness to perform on his or her behalf such of the functions of the office of Governor as may be specified in the instrument.

 

Section 53, subsection 1 states:

If the Premier is unable, due to illness or absence from the Cayman Islands, to perform the functions of his or her office, the Governor shall authorize the Deputy Premier to perform those functions; and in the absence or illness of the Deputy Premier, the Governor shall authorize another Minister to perform those functions, acting in accordance with the advice of the Premier or, if it is impracticable to obtain the advice of the Premier, acting in his or her discretion but after consulting the Cabinet.

 

Section 53, subsection 2 states:

Whenever a Minister other than the Premier is unable, by reason of illness or absence from the Cayman Islands or absence from his or her duties on leave, to perform the functions of his or her office, the Governor, acting in accordance with the advice of the Premier, may:

• (a) appoint a person who is an elected member of the Legislative Assembly to be a temporary Minister; or
• (b) assign responsibility for the performance of the functions of that Minister to another Minister (including the Premier), and may specify the period for which such person shall be a temporary Minister or for which such other Minister shall perform the functions of that Minister.

 

Section 62, subsection 1 states:

No person shall be qualified to be elected as a member of the Legislative Assembly who:…

• (d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Cayman Islands…

 

Section 64, subsection 1 states:

If circumstances such as are referred to in section 63(g) arise because a member is….certified insane or adjudged of unsound mind…he or she shall forthwith cease to perform his or her functions as a member of the Legislative Assembly…

 

Section 88, subsection 3 states:

A person shall not be qualified to be appointed as the Chairman of an Electoral Boundary Commission if he or she is a member of the Legislative Assembly or a public officer…

• (c) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of that office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

 

Section 91, subsection 1 states:

A person shall not be entitled to be registered as an elector in any electoral district who:…

• (b) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Cayman Islands…

 

Section 92, subsection 2 states:

(2) No person shall vote at any election in any electoral district who—

• (a) is not registered as an elector in that district;
• (b) has voted in another electoral district at the same election; or
• (c) is for any reason unable to attend to vote in person (except so far as it may be provided by law that such persons may vote).

 

Section 96 states:

…(2) A judge of the Grand Court may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (3).

(3) A judge of the Grand Court shall be removed from office by the Governor by instrument under the public seal if the question of the removal of that judge from office has, at the request of the Governor made in pursuance of subsection (4), been referred by Her Majesty to the Judicial Committee of Her Majesty’s Privy Council under section 4 of the Judicial Committee Act 1833(a) or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge ought to be removed from office for inability as aforesaid or misbehavior...

 

Section 97 states:

(1) If the office of Chief Justice is vacant, or if the holder of it 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 until the holder of that office has resumed those functions, as the case may be, such one of the other judges of the Grand Court or such other person qualified for appointment as a judge of the Grand Court as the Governor, acting in accordance with section 106, may appoint for that purpose shall act in that office.

(2) If the office of a judge of the Grand Court other than the Chief Justice is vacant, or if any such judge is acting as Chief Justice or is for any reason unable to perform the functions of his or her office, the Governor, acting in accordance with section 106, may appoint a person qualified for appointment as a judge of the Grand Court to act as such a judge...

 

Section 101 states:

…(2) A judge of the Court of Appeal may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (3).

(3) A judge of the Court of Appeal shall be removed from office by the Governor by instrument under the public seal if the question of the removal of that judge from office has, at the request of the Governor made in pursuance of subsection (4), been referred by Her Majesty to the Judicial Committee of Her Majesty’s Privy Council under section 4 of the Judicial Committee Act 1833 or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge ought to be removed from office for inability as aforesaid or misbehaviour…

 

Section 102 states:

(1) If the office of the President of the Court of Appeal is vacant, or if the holder of it 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 until the holder of it has resumed those functions, as the case may be, such one of the Justices of Appeal or such other person qualified for appointment as a judge of the Court of Appeal as the Governor, acting in accordance with section 106, may appoint for that purpose shall act in the office of the President.

(2) If the office of a Justice of Appeal is vacant, or if any Justice of Appeal is acting as the President or is for any reason unable to perform the functions of his or her office, the Governor, acting in accordance with section 106, may appoint a person qualified for appointment as a judge of the Court of Appeal to act as a Justice of Appeal…

 

Section 105 states:

(3) The office of a member of the Judicial and Legal Services Commission shall become vacant— …(d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of that office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(4) If the office of a member of the Judicial and Legal Services Commission becomes vacant or if such a member is for any reason unable to perform the functions of that office, the Governor, acting in accordance with subsection (1) for the appointment of that member, may appoint another suitably qualified person to that office for the unexpired term of the previous holder of the office or until the holder of the office is able to resume his or her functions.

 

Section 106, subsection 7 states:

A person holding the office of Attorney General, Director of Public Prosecutions or Magistrate may only be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

 

Section 114, subsection 2 states:

The Auditor General may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

 

Section 117 states:

…(6) The office of a member of the Commission shall become vacant—

• (d) if the member is removed from office by the Governor for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehavior…

(7) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his or her office, the Governor, acting in accordance with subsection (2), may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to subsection (6), continue so to act until the expiration of his or her term of office...

 

Section 120, subsection 4 states:

The office of the Complaints Commissioner shall become vacant—…

• (d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of the office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, or for contravention of subsection (5).

 

Excerpts from the Cayman Islands Constitution Order (2009)