IV tal-1987

I assent.

(1.8.)

A OATHA BARIlARA

President

29th January, 1987

ACf No. IV of 1987

AN A CT further to amend Ih~ COllSlitUlion of M alta.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled. an d by the autllority of the same. as follows: -

(1) T his Act may be cited as the Constitution of Malta

(Amendment) Act. ]987. and shall be read and construed as onc with

Ihe Constitution of Malta. hereinafter referred to as "the Constitution",

(2) The prov isions of this Act shall come into force on the

14th February, 1987.

Immed ia tely after subse>:tion (2) of section 1 of the Constitution

there shall be added the following new subsection

"(3) Malta is a neutral state actively pursuing peace.

sc<:urity and social progress among all na tions by adhering to a

policy of non.alia:nment and rdusin/i: to participate in any mi litary

alliance. Such a status will, in particular. imply that

(a) no foreign military base will be penniued on

Maltese territory;

(b) no military facilities in Ma lta will be al10wed 10 be

used by any loreign forces e~cept at the request of the Govern-

ment of Malta, and only in the following cases

lil in the e~ercise 01 the inherent right of self·

defcnce in the event of any armed violation of the area

ewer which the Republic of Malta h as sovereignty, or

in pu rsuance of measures or actions decided by the

Security Council of the United Nations; or

(ii) whenever !here exists a threat to the sovereignty,

independence, neutrality, unity or territoria l integrity of

the Republic of Malta;

(c)

exccpt as aroresaid. no other facilities in Malta will

be a llowed tQ be used in s\llCb manner Of e)llent 1$ will amount

to [he presence ill Malta of a COIlOeIltration of foreign foroes

(d) except as aforeM.id, no foreign military pcnonnel

will be allowed on Maltese territory, other than mjlitary

personnel performing. or assisting in the pe:rformaoce cl,

civil ~ or activi ties, and other than a muooabk: DUmber

of military ,t echnical per.sonncl assisting in the defence of the

Republic of Malta;

(c) the sbipyards of the Rcpublk of Malta will be used

for civi l oom1lle1'Cilll ptI, pc !"'Il, bill may also be used, within

reasonable limits of time and quantity. for !he repair of

military ve:ssels which have been pul in a Ilate of DO!I-OOUIbat

or for the CO!1$lructioo of vesseb: Ind in acoordaDCe with the

priociples of non-alignment the sa id shipyards will be denied

to the military ~Is of the two SUperpowlll1l ....

1. Section S2 of the Constitution ~II be amended by the A .

insertion. at the end of ,ub!eclion (!) thereof. of the following provilKT. =~or Ibo

"Provided that where at allY general election, a single

political party obtaiDll in the a~tc more than fifty per oentum

of an valid voles cast at that election. 3.'1 credited to its candidates

by the Electoral Commission al the first count of all the votes.

but the number of its candidates elected al such eloctioo is le5ll

than fifty per cenlum of the lotal number of members oom!)O!ling

the Parliamen t to be ele<:ted. Ihe number of memberll of tfle Hoose

of ReplCsen latives shall be increased by as many members as may

be nece.ssar;, so thal the Party obtaining m~ than fifty per

centum as aforesaid sha ll have one member more than the tota l of

the other members elected from any other party or parties: and in

an~' such ease, such candidates shall be declared by the Electoral

Commi~~ion to be elected 10 fill the additional seats created under

this proviso. who. being candida tes of the party obtaining more

than fifty per eentum of the valid votes as aforesaid. were

credited by (he Electoral Commission at the last count witfl the

highest or next highe r number of votes without being elected.

irrespective of the electorial divi sion in which such highest or

higher number of votes occurs",

SeC\ioo 56 of the Constitution shall be amended as follows

(a) in subsection (2) thereof, immediately after the words

"corrupt practices" there shaH be inserted the words "and foreign

interference"

(b) in rubseetion (3) thereof. for the words " have been

committed and have" there shall be substiruted the words "haw

been commitled or there has been foreign interference and such

practices, offences or interference have";

(c) in subsection (S) thereof. immediately aftef' the worn"

"or other offences" there shall be inseTled the words "or foreign

interference";

(d) in paragraph (a) of subsectioo (8) thereof. immediately

after the words "HotJSC of Ropresentativcs" there shall be inserted

the words "or foreign interference";

(~)

ill l'~r~ ~r~ph (b) of SUb S ~ (tiOll (8) tlwr~of, iIrun~dia t~ly

~ft~r th~ words " or other Off~ll ( ~ " there dl~ll be lllSelte,\ the wonb

.. or forei:1.l1 illteIferellf e ";

(I) ill p~r~ ~r~l'h (c) of sub se ction (8) thereof, iIrunediately

after the worrls " or other offellc ~ " tlwre s h~ll be inselte,l the words

.. or intelference ";

(iJ iImnedi~telly ~fter .ub S ~ CtiOll (12) tlwreof. ther~ sh~ll be

a,hied the followin:i: new sub se ction

"(B) The Hpre .. iolls "C OIHll'tpractice ", " offence s con-

ne cted " ith the ele ction oflnelober. of the Hous e ofRepruen-

talive'" ami " foreiiPl interferen ce" h~ve the Ine~lIill::: a .. i:I.11e,!

to rheIn by a h w for the mne b ein:1: ill force re :::llhtioll the

r omiur t of ele ctions of foreign intelference with re spe ct to

ele ctions. and any su ch h w shall be deemed fo th~ PlUl)O S ~ S

of this s e ction ~ll(l s e ctions 32 to ~ i (indusiv~) of this C on-

stitution to h~ r~ as onahly r~quia,l in the interuts of puhlic

onler ~ll(l r~a s onahly jus tifi~hle in a ,lelno cratir s ociety .·· .

I n paragraph (b) of subsection (2) of section 66 of the Con";!"-

0«lCi0a (,6 ot tb< lion. immediately befon: the words "subsection (2) of section 2." there

shall be inserted Ihe words "section I:'.

by the House of Representatives at Sitting No. 436 of the 27th January,

1987. P AUL X UUEB

Speak er

P. M USCAT T ERRTBILIl

Acling Clerk 10 the House of Repres''IItalives

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