28 April

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NO MORE INTEGRITY ACT

Byline Author: Martin George Article Date: Sunday, June 7, 2009 Attorney General John Jeremie has come back into office and has vowed to deal with corruption and to review the Integrity Act. I commend him for this. There is also a bit of advice I would proffer to him, which is that in one fell swoop, he may be able to deal with both corruption and the Integrity Act, and it starts by scrapping the whole Integrity Act. I would, therefore, repeat some suggestions from an earlier article whereby I proposed that there be a total name change and that we have no more...

28 April

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TRINIDAD AND TOBAGO DEATH PENALTY LAWS

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in Laws of Trinidad and Tobago

Chronology of Death Penalty laws in Trinidad and Tobago 1. The Bill of Rights 1688 expressly prohibits any “cruel and unusual punishment”. 2. According to Section 4 of the Offences Against the Person Act (Chapter 11:08) “Every person convicted of murder shall suffer death” and the Criminal Procedure Act (Chapter 12:02) in section 57 provides: “(1) Every warrant for the execution of any prisoner under sentence of death shall be under the hand and Seal of the President, and shall be directed to the Marshal, and shall be carried into execution by such Marshal or his assistant at such time and place as...

28 April

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MEMORANDUM ON THE REGISTRATION OF LOCAL AGENTS OF FOREIGN GOVERNEMENTS OR FOREIGN ENTERPRISES ACT 1980

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in Laws of Trinidad and Tobago

1. By this Act:- (a) Everybody who is an “Agent” of a “Foreign Government” or “Foreign Enterprise” must ensure that his Agreement in respect of his Agency is in writing and subject to the laws of Trinidad and Tobago and he must not enter into a contract providing for such an Agency otherwise than in accordance with this provision on penalty or a fine on summary conviction of $20,000.00 or five years imprisonment. (b) In respect of a Contract of Agency established after the commencement of the Act (namely the 8th December 1980) the Agent must within sixty (60) days of execution...

28 April

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A Modern Public Procurement Law For Trinidad And Tobago A Necessity For Good Governance

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in Laws of Trinidad and Tobago

This article highlights features of the submission of the Private Sector/Civil Society Group to Government for a modern procurement law as specified in the Draft Public Procurement and Disposal of Public Property Bill available at www.jcc.org.tt/procurement. The impact of the proposed law will – systemically bring all agencies spending public money under a single, overarching legal and regulatory framework that effectively covers all stages of the procurement process; provide effective mechanisms for oversight and control; require appropriate transparency of the value and impact of transactions involving public money; ensure, as far as possible, integrity in the public procurement system; meet international anti-corruption standards consistent with our...

27 April

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COMMERCIAL LAW MEMORANDUM ON EXCHANGE CONTROL

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in Laws of Trinidad and Tobago

1. The Exchange Control Act Chap. 79:50 regulates all foreign currency transactions in Trinidad and Tobago and is designed to prevent the escape of currency and preserve the Country’s foreign exchange reserve. Prior to April 12, 1993 there existed under the Exchange Control Act and Regulations made thereunder a range of controls and restrictions in respect of dealings in gold, local and foreign currencies, securities and payments to non-residents designed strictly to control any leakage of foreign exchange. To be lawful any such dealings required the prior approval of the Central Bank of Trinidad and Tobago. 2. With the passage of...

27 April

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Commercial Law Memorandum On Foreign Investment

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in Laws of Trinidad and Tobago

1. The former restrictive provisions of the Aliens (Landholding) Act have been repealed and replaced by a new Foreign Investment Act, No. 16 of 1990 designed to encourage investment by foreign investors. 2. A foreign investor is defined by the Act to mean:- (a) An individual who is neither a citizen of "a Caricom member country" nor a resident of Trinidad and Tobago; (b) Any firm, partnership or unincorporated body of persons of whom at least one half of its members consist of persons to whom (a) or (c) applies; or (c) Any company that is not incorporated in a Caricom member country, or...

27 April

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THE PROCESS OF LAWMAKING

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in Laws of Trinidad and Tobago

Prepared by The Parliament Secretariat The Red House, Port-of-Spain What are laws? All organizations need rules to function. Society, as the most complex of organizations, needs a large variety of rules to govern relations with and between its members. Because society is constantly changing, these rules need regular updating, and new rules need to be made to meet new circumstances. There are two sorts of rules which regulate the activities of society. There are customs and conventions, and there are laws. There are two types of law - common law and statute law. Common law is made by the decisions of judges in particular...

27 April

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DOMESTIC VIOLENCE

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in Laws of Trinidad and Tobago

Domestic Violence Q. What is Domestic Violence? A. Includes any form of abuse whether it be mental, verbal, physical, sexual, financial, emotional or psychological, committed by a person against a spouse, child, and any other person who is a member of the household or dependant. Q. What is a Protection/Restraining Order? A. A Protection or Restraining Order is a court document which restrains a person from engaging in abusive behaviour of any type. Q. Where do you go to apply for a restraining Order? A. To the Clerk of the Peace of the District Magistrate Court in which you live. Q. Who can apply for a protection...

24 April

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REIGNING IN THE COMMISSIONER

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in Television Interviews

https://youtu.be/ECgmDzyho5o Attorney at Law Martin George speaks about appointing a new Police Commissioner. Mr. George says that there are guidelines to which the Police Service Commission Operates in order to appoint a Police Commissioner. It is the most difficult task to appoint a police commissioner than any other person in the country. The Legislation sets down a process in order to appoint a commissioner. Mr. George also indicated that whoever sits in the position of Police Commissioner or acts must get the job done and not give any excuses as to why the job can't be done. The Police Service Commission(PSC) has...

24 April

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WHAT IS BREACH OF MARRIAGE PROMISE?

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in Laws of Trinidad and Tobago

Breach of Marriage Promise A common-law right of action for breaking a commitment to enter into matrimony. The right of action for breach of a marriage promise has been abolished in a majority of states. Agreement to Marry An agreement to marry is different from all other contractual relations. The reason for this is that both its object and the relationship created between the parties are completelydifferent from those of any other contract. In order to recover for breach of promise, the plaintiff must establish that the two parties had a valid existing contract to marry. This can beaccomplished by a showing that both...

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