Article 5 (Original version)
Section 5
Protection of right to personal liberty
2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
4) Where a person is detained in pursuance of any such provision of law as is referred to in subsection (1)(k) –
(a) he shall, as soon as is reasonably practicable and, in any case not more than 7 days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;
Section 10
Provisions to secure protection of law
1) Where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
2) Every person who is charged with a criminal offence –
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and, in detail, of the nature of the offence;
Section 15
Protection of freedom of movement
4) Where any person whose freedom of movement has been restricted in pursuance of subsection (3)(a) or (b) so requests –
(a) he shall, as soon as is reasonably practicable and in any case not more than 7 days after the making of the request, be furnished with a statement in writing in a language that he understands, specifying the grounds for the imposition of the restriction;
Section 18
Derogations from fundamental rights and freedoms under emergency powers
3) Where a person is detained by virtue of any such law as is referred to in subsection (1) (not being a person who is detained because he is a person who, not being a citizen of Mauritius, is a citizen of a country with which Mauritius is at war, or has been engaged in hostilities against Mauritius in association with or on behalf of such a country or otherwise assisting or adhering to such a country) –
(a) he shall, as soon as is reasonably practicable and in any case not more than 7 days after the commencement of his detention, be furnished with a statement in writing in a language that he understands, specifying in detail the grounds upon which he is detained;
Section 33
Qualifications for membership
Subject to section 34, a person shall be qualified to be elected as a member of the Assembly if, and shall not be so qualified unless, he –
(a) is a Commonwealth citizen of not less than the age of 18 years;
(b) has resided in Mauritius for a period of, or periods amounting in the aggregate to, not less than 2 years before the date of his nomination for election;
(c) has resided in Mauritius for a period of not less than 6 months immediately before that date; and
(d) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly.
Section 34
Disqualifications for membership
1) No person shall be qualified to be elected as a member of the Assembly who –
(c) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government for or on account of the public service, and has not, within 14 days after his nomination as a candidate for election, published in the English language in the Gazette and in a newspaper circulating in the constituency for which he is a candidate, a notice setting out the nature of such contract and his interest, or the interest of any such firm or company, therein;
Section 46
Mode of exercise of legislative power
5) All laws made by Parliament shall be styled “Acts of Parliament” and the words of enactment shall be “Enacted by the Parliament of Mauritius”.
Section 49
Official language
The official language of the Assembly shall be English but any member may address the chair in French.
First Schedule
(Section 31.2)
Section 3
Communities
4) For the purposes of this Schedule, the population of Mauritius shall be regarded as including a Hindu community, a Muslim community and a Sino-Mauritian community; and every person who does not appear, from his way of life, to belong to one or other of those 3 communities shall be regarded as belonging to the General Population, which shall itself be regarded as a fourth community.
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