CHAPTER
32
FLAGS AND COAT OF ARMS (REGULATION) |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Insulting the National Flag, etc., an offence. |
Prohibition of improper use of National Flag,
etc. |
Prohibition of improper use of the
Governor-General's Flag and the Prime Minister's Flag. |
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SCHEDULE. |
CHAPTER 32 |
FLAGS AND COAT OF
ARMS (REGULATION) |
An Act to
regulate the use of the National Flag, the Governor-General's Flag, the Prime
Minister's Flag and the Coat of Arms of The Bahamas and to provide for matters
incidental to or connected therewith. | 20 of 1973 |
[Assent 4th July,
1973]
[Commencement 10th July, 1973] |
1. This Act may be cited as the Flags and Coat of Arms
(Regulation) Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"Coat of
Arms" means the Coat of Arms of The Bahamas described in Part IV of the
Schedule; |
"Governor-General's
Flag" means the Governor-General's Flag described in Part II of the
Schedule; |
"Minister"
means the Minister responsible for Flags and Coats of Arms; |
"National
Flag" means the Flag of The Bahamas described in Part I of the Schedule; |
"Prime
Minister's Flag" means the Prime Minister's Flag described in Part III of
the Schedule. |
(2) Unless the
context otherwise requires, references in this Act to a section are references
to a section of this Act and references in a section to a subsection are
references to a subsection of that section. |
3. Where any person- | Insulting the National Flag, etc., an offence. |
(a) mutilates,
cuts, tears, burns or in any way defaces whether by writing, printing or
stamping thereon or otherwise; or |
(b) by any
spoken words insults or brings into contempt or ridicule, |
the National
Flag, the Governor-General's Flag, the Prime Minister's Flag or the Coat of
Arms, or any representations thereof, such person, unless he can prove that the
act was done with lawful justification or excuse or the words were spoken
without intent to insult or bring into contempt or ridicule the said Flags or
the Coat of Arms, or any representations thereof, shall be guilty of an offence
and liable on summary conviction to a fine not exceeding five hundred dollars
or to imprisonment for a term not exceeding six months or to both such fine and
imprisonment. |
4. (1) No person shall, except with the written
permission of the Minister- | Prohibition of improper use of National Flag, etc. |
(a) apply to
any goods, articles or things made, produced, distributed or sold by him, or
import into The Bahamas any goods, articles or things to which there has been
applied, the National Flag or the Coat of Arms or any part of the design
thereof (or a flag or device so nearly resembling them as to be calculated to
deceive); or |
(b) use or
permit to be used in connection with any business, trade, calling or
profession, the National Flag or the Coat of Arms or any part of the design
thereof (or a flag or device so nearly resembling them as to be calculated to
deceive) in a manner calculated to lead to the belief that he is duly
authorized to use the National Flag or Coat of Arms, as the case may be, in
that connection. |
(2) Any permission
given under subsection (1) may be given subject to such conditions as the
Minister may deem fit. |
(3) Any person who
contravenes the provisions of subsection (1) or who fails to comply with any of
the conditions imposed in pursuance of subsection (2) shall be guilty of an
offence and liable on summary conviction to a fine not exceeding two hundred
and fifty dollars or to imprisonment for a term not exceeding three months or
to both such fine and imprisonment. |
5. (1) No person, other than the Governor-General or a
person authorized by the Governor-General in that behalf, shall fly, display or
otherwise use the Governor-General's Flag. | Prohibition of improper use of the Governor-General's
Flag and the Prime Minister's Flag. |
(2) No person,
other than the Prime Minister or a person authorized by the Prime Minister in
that behalf, shall fly, display or otherwise use the Prime Minister's Flag. |
(3) Any person who
contravenes the provisions of this section shall be guilty of an offence and
liable on summary conviction to a fine not exceeding two hundred and fifty
dollars or to a term of imprisonment not exceeding three months or to both such
fine and imprisonment. |
6. Where a person is convicted of an offence under this
Act or any regulations made thereunder, the court before which he is convicted
may, in addition to any other punishment provided for in this Act or in any
regulations made thereunder, direct that any articles, goods or things by means
or in respect of which the offence was committed shall be forfeited. | Forfeiture. |
7. The Minister may make regulations- | Regulations. |
(a) prescribing
the occasions upon which, the persons by whom and the manner in which the
National Flag or the Coat of Arms may be flown or displayed, as the case may
be; |
(b) prohibiting,
controlling or restricting the use of the National Flag or the Coat of Arms; |
(c) providing
for such other Flags as the Minister may from time to time deem necessary and
prescribing the occasions upon which, the persons by whom and the manner in
which any such Flag may be flown; |
(d) regulating
the manner in which application may be made to him for his authority to use the
National Flag or the Coat of Arms in any connection mentioned in subsection (1)
of section 4 and prescribing a form of licence by which that authority may be
given; |
(e) constituting
offences in relation to any of the matters referred to in the foregoing paragraphs
and prescribing penalties in respect thereof. |
SCHEDULE (Section 2(1)) |
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PART I
The following is a description of the National Flag of The
Bahamas-
Azure
a Fess Or issuing from the dexter a Pile Sable.
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PART II
The following is a description of the Governor-General's Flag-
Azure
representation of the Royal Crest proper ensigning a scroll or inscribed
Commonwealth of The Bahamas in Letters Sable.
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PART III
The following is a description of the Prime Minister's Flag-
Azure
a Fess Or issuing from the dexter a Pile Sable charged in the sinister with a
Mace erect counterchanged over a Sun in Basem.
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PART IV
The following is a description of the Coat of Arms of The
Bahamas-
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Arms:
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Upon a representation of the Santa Maria on a base barry
wavy of four Azure and Argent on a Chief Azure demisun Or.
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Crest:
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Upon a representation of Our Royal Helmet mantled Azure
doubled Argent on a Wreath Or and Azure. A Conch Shell proper in front of a
Panache of Palm Fronds proper.
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Supporters:
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On the dexter side a Marlin proper and on the sinister side
a Flamingo proper; and upon a Compartment per pale Waves of the Sea and
Swampland proper.
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Motto:
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"Forward, Upward, Onward Together".
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