Where you born is not where you from, according to the VI Constitution
Before I begin to write what Her Majesty-The Queen declared in Her approved Virgin Islands Constitution, shall we pray?
“Heavenly father, maker of heaven and earth, and creator of mankind [human beings] give us the health, strength, knowledge and understanding to read and interpret the Constitution, as written, and not based on our personal views: I pray for those in authority: H.E the Governor, the Deputy Governor, the Commissioner of Police, the Commissioner of Customs and the Chief Immigration Officer: Give them the health, strength and knowledge, to continue their service to Her majesty-The Queen. They are all Honourable servants of Her Majesty, and I pray that the citizenry will respect them in their position of authority: Heavenly father, protect the people who try to hurt me and destroy me verbally and physically: Let them understand that others have tried and failed, because I am blessed with the power of the Holy-Spirit: Bless them oh god, and bless their families with protection: Amen.”
The Law-
Statutory Instruments 2007 No.1678
Caribbean and North Atlantic Territories
THE VIRGIN ISLANDS CONSTITUTION ORDER 2007
Made - - - -13th June 2007
Laid before Parliament - - - 14th June 2007
Came into force - - - 15th June 2007
THE CONSTITUTION OF THE VIRGINISLANDS Chapter 1
Interpretation
Let us now look at the sections in the Virgin Islands Constitution, where it declares that “WHERE YOU BORN IS NOT WHERE YOU FROM”
[Interpretation 2(2) on page 6-7 of the V.I Constitution] Her Majesty-The Queen declares-
“For the purpose of this Constitution, a person BELONGS to the Virgin Islands if that person-
(a) is born in the Virgin Islands and at the time of the birth his or her father or mother is or was-
(i) a British Overseas Territories citizen(or a British Dependent Territories Citizen) by virtue of birth, registration or naturalization in the Virgin Islands or by virtue of descent from a father or mother who was born in the Virgin Islands; or (ii) settled in the Virgin Islands; and for this purpose “settled” means ordinarily resident in the Virgin Islands without being subject under the law in force in the Virgin Islands to any restriction on the period for which he or she may remain, but does not include persons on contract with Government of the Virgin Islands or any statutory body or Crown Corporation;
(b) is born in the Virgin Islands of a father or mother who belongs to the Virgin Islands by birth or descent or who, if deceased, would, if alive, so belong to the Virgin Islands;
(c) is a child adopted in the Virgin Islands by a person who belongs to the Virgin Islands
(d) is born “outside” the Virgin Islands of a father or mother who is a British Overseas Territories citizen by virtue of birth in the in the Virgin Islands or descent from a father or mother who was born in the Virgin Islands or who belongs to the Virgin Islands by virtue of birth in the Virgin Islands or descent from a father or mother who was born in the Virgin Islands
(e) is a British overseas territories citizen by virtue of registration in the Virgin Islands;
(f) is a person to whom a certificate has been granted under section 16 of the Immigration and passport Act 1977 of the Virgin Islands(in this subsection referred to as “the act”, and reference to the Act or to any section thereof include reference to any enactment amending, replacing or re-enacting the same) And has not been revoked under section 17 of the Act; and ( without prejudice to the right of any person to apply for the grant of such a certificate under the Act) a British overseas territories citizen by virtue of naturalization in the Virgin Islands has a right by virtue of this Constitution to apply for grant of such a certificate;
(g) is the “spouse” of a person who belongs to the Virgin Islands and has been granted a certificate under section 16 of the Act; or
(h) was immediately before the commencement of this Constitution “deemed” to belong to the Virgin Islands by virtue of the Virgin Islands(Constitution)Order 1976(a)”
Researched-Notes:
In 2007 and beyond, Is the VI governed by the British Nationality Act of 1981? NO! Not any more!
Prior to the VI people applying for a Constitution, Order of 2007, the VI as a Dependent Territory of the U.K, was governed by the Legal principles and concepts of the British Nationality Act of 1981,as it related to Citizenship and who BELONG.
Let us read:
Part II-of the B.N-Act for-British Dependent Territories Citizen:
Section 15 [Acquisition by birth or adoption] as written in the British Nationality Act of the UK Stated-
“(1) A person born in a Dependent territory after commencement shall be a British Dependent Territories Citizen if at the time of the birth his father or mother is-
(a) a British Dependent Territories citizen; or
(b) settled in a Dependent Territory.
(2) (b) to have been born to a parent who at the time of the birth was a British Dependent Territories citizen or settled in a dependent territory”.
Researched-Notes:
What did the VI do in its new Constitution Order of 2007?
In the year of ordinary times, 2005 a Constitutional Commission was appointed to review the Old VI Constitution of 1976, with a view to Amend by addition and to repeal by deletion; some sections in the VI Constitution:
On 13th June 2007 [six years ago] the VI Constitutional Commissioners and a Delegation from the VI went to Buckingham Palace UK and they presented to:
The Queen’s Most Excellent Majesty in Council, a proposed draft of what the VI Constitution should be:
And Her Majesty-The Queen, was pleased with the draft, and She, with the ADVICE of Her Privy Council agreed and ordered the Virgin Islands Constitution Order, 2007: In that NEW VI- Constitution- Order, no enactment is declared in section 2 (2) of the Interpretation, and as defined, that a child born in the VI of expatriate parents, belongs to the Virgin Islands! So,the VI Constitution of 2007, “did not make provisions for children born in the VI of expatriate parents, to be deemed to BELONG or to be recognized as Belonging to the Virgin Islands.
Why blame the Immigration Department and Passport Office for their Policies?
If the Immigration Department implemented a policy advising that a child born in the VI of expatriate parentage must be granted time to remain in the VI, and the time-granted must be paid for by the parent, it is my respectful submission, based on the Constitution, that the Immigration Department’s Policy is Consistent [in accordance] with the VI Constitution, because it is not written in the VI Constitution of 2007, that a child born in the VI of expatriate parents, Belongs to the VI.
According to the expressed interpretation in the VI Constitution; children born in the VI, receive “Birth-Rights from their parent or parents”, because children cannot make decisions at birth. It’s the mother’s and or father’s citizenship that is recognized by the Constitution!
The Constitutional Declaration sounds rather strange-
But, it’s the Supreme Law of the Land, and we all must obey and abide by the
LAW!
It’s time to put this Constitutional matter of born here but not from here to rest:
The legislators cannot Amend the VI Constitution, in the House of Assembly of the VI.
It can only be Amended by Her Majesty-The Queen, at the Court-at Buckingham Palace in the United Kingdom:
Education:
Protection of the right to Education-Section 22(1) of the V.I Constitution.
Section 22(2) of the V.I Constitution states “Every child of the appropriate age, as provided by law, SHALL be entitled to receive primary education which SHALL be free”.
So according to the interpretation of section 22 of the Constitution, with-reference to education, even though a child was born of expatriate parents in the VI, that child still has the RIGHTS to free-primary-education: The child is not deprived of anything as a child!
Can we now debate on the Topic based on the LAW and with respect for each other?
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47 Responses to “Where you born is not where you from, according to the VI Constitution”
I see the venom in your eyes with your heart pumping with anger as you wrote your vexatious blog,with yr past dislike for KnightRider:I am a child of god.My earthly sins have been forgiven by the blood of Jesus Christ.My social sins may never be forgiven by mankind like you in the BVI.Why are you attacking me personally,under the a blogname,for printing a section of my BVI Constitution to my people,so that they can read for themselves,their Rights,guaranteed to them by Her Majesty-The Queen?.All I did was read-out to the Public,what is WRITTEN in the BVI Constitutio of 2007,and how the New Constitution of 2007,came into force.That's all I did!I never said that it is incompatible with the old UK British Nationality Act of 1981,which of course, the latter is an Imperial Legislation:Chapter 1 interpretation 2(2) of the NEW 2007 BVI Constitution,is a[Part-DERIVATIVE of what the British Nationality Act,directed on ALL the British Dependent Territories; before 2007.But the same British-law [imperial-style-legislation] is NOW WRITTEN in the BVI Constitution for the BVI, with expressions to suit the BVI! So because I publish what is written in a BVI law,"YOU VEX"? Well stay "VEX"! "I doh hav no DAM problem to sort out in Dominica".Everything that I own in this life on earth today,came from BVI Money.Today,the lord has blessed me with earthly wealth,and it is because of BVI Money.My BVI People are the ones maintaining me on behalf of Her Majesty-with BVI Money.I am in possession of an official document from the ["Secretary of State-Home Office-United Kingdom,which declares that Jefferson Knight is a citizen of Her Majesty's British Overseas Territories of the BVI,and Jefferson Knight Belongs to the BVI"] Ah from HeHH
I got Dominica citizenship by virtue of my mother who was dominican at the time of my birth:If Dominica have problems,the Dominicans who work there,and are affected by the problems,will deal with their problems.I don't work there.I am a retiree-pensioner from the BVI-Not a retire-pensioner from Dominica!Get your facts and come again.
well sir you use to be a policeman and a serious officer in the court system,you prosecuted a lot of criminals and some had to pay for their crimes,so u wil hav some enemies,such as blogger"time will tell"and you were very vocal in songs on lawlessness and social injustices in the bvi;u once sang on the topic,as all of us believe that where you born u should get immediate citizenship but our new constitution doesn't declare that.so u want us to accept it as the law of the land and put it to rest.when i read the comments of(time will tell) i see is a person who know you and doesn't like you personally but as a child growing up in bvi,i know you and u seems to enjoy criticism;like you don;t care who Criticize you.u sound like a god-fearing person who believe in god,so with that i say,god make us in our own image and he loves us for who we are and how we look;i find you to be a nice guy,who looks physically good,kool and well,when i saw you recently at banco popular you looked all right to me with strong physics with yr police-looks.u were laughing and chatting away with everybody.continue to be who you are and not how some people want you to be,because they don't like your style.good luck sir.
freedom to receive information and ideas without interference, freedom to disseminate
information and ideas without interference (whether to the public generally or to any person or
class of persons) and freedom from interference with his or her correspondence or other means of
communication”. Therefore the Virgin Islands are a free and democratic Territory where the fundamental right to freedom of expression is held in the highest esteem by the Constitution. However, this right is qualified by the fundamental requirements to protect the rights and freedoms of others, and to protect the public interest. In my opinion the article published on this media site for the purpose of the general public in regards of, “Where you born is not where you from, according to the VI Constitution”. I fully support the law, it has been written. The opinion of the Honorable Minister has no legal effect. The duties of an elected democratic Government are to provide transparency to the people and for the people. I smell a rat!
I dont see anything wrong about that law in the constitution,for a child to receive its mother's citizenship;government officials should make pamphlets with a printed copy of the section in the bvi law.
my opinion is that,the constitutional delegation who went to the uk in june 2007,should have put a little law in the constitution to say that ""all children born in bvi from expat mother/parents,will be exempted from paying for time to remain in the bvi"" we no longer governed under the british nationality act from the uk.
the delegation didn't tell the queen to put that in the vi constitution so that means they didnt want that for the bvi..i don't see it as discrimination,because those children still have rights to go to school under the law
all and all;this is story is very educational for people to read and understand the law..good research..
The Governor and Premier should clear this up.
Are we governed under the British Nationality Act of 1961? or Are we governed under the VI Constitution of 2007? I am confused..........................................
Now all you "Born here!!!" Bloggers & Talkers p ut that in your pipe and smoke 80% from Vincy
The minister is against the law because he was an EXPAT baby and did not come by his citizenship until he was 18. He had to get a passport from his mother place of birth until his 18 birthday. Then he get a BVI Passport. Myr relax they will eventually become citizen.
Let us now read a speech from Buckingham Palace to the people of the V.I,dated 13th June 2007,before the 2007 Constitution was declared: Turn to Page 5 of the V.I Constitution.Let us all read-
"[Whereas the people of the territory of the Virgin Islands have over centuries evolved with a distinct cultural identity which is the essence of the Virgin Islands;
Acknowledging that the society of the Virgin Islands is based upon certain moral,spiritual and democratic values including a belief in god,the dignity of the human person,the freedom of the individual and respect for fundamental rights and freedoms and the rule of law;
mindful that the people of the Virgin islands have expressed a desire for their Constitution to reflect who they are as a people and a country and their quest for social justice,economic empowerment and political advancement;
Recognizing that the people of the Virgin Islands have a free and independent spirit,and have developed themselves and their country based on qualities of honesty,integrity,mutual respect self-reliance and the ownership of the land engendering a strong sense of belonging to kinship with those islands;
Recalling that because of historical,economic and other reasons many of the people of the Virgin Islands reside elsewhere but have and continue to have an ancestral connection and bond with those islands;
Accepting that the Virgin Islands should be governed based on adherence to well-established democratic principles and institutons;
Affirming that the people of the Virgin Islands have generally expressed their desire to become a self-governing people and to exercise the highest degree of control over the affairs of their country at this stage of its development;and
Noting that the United Kingdom,the administering power for the time being,has articulated a desire to enter into a modern partnership with the Virgin islands based on the principles of mutual respect and self-determination;
Now,therefore,the following provisions have effect as the Constitution of the Virgin Islands]"
And then the VI Constitution was declared at Buckingham Palace.So we now have the V.I Constitution Order,2007.
B.V.I is a free country:Thanks to Her Majesty-The Queen.Let's enjoy the FREEDOM!
We the people of the V.I need to close the chapter on the discussion of the BRAND-NEW V.I Constitution,of 2007,but not before we read the[Explanatory note] as written on page 56 of the BRAND-NEW V.I Constitution of 2007.Let us all read what is written in the V.I Constitution on page 56:-
""This Order [constitution order] establishes a NEW Constitution for the Virgin Islands,to REPLACE the Constitution OF 1976. The NEW Constitution includes,for the FIRST-TIME a chapter setting out the FUNDAMENTAL RIGHTS and FREEDOMS of the INDIVIDUAL and provisions for their enforcement. It provides for a GOVERNOR as Her Majesty's representatives in the Islands, and for a PREMIER and Ministers who form a CABINET together with the Attorney General. It provides for an [elected House of Assembly]which together with HER MAJESTY forms the LEGISLATURE. The Eastern Caribbean Supreme Court continues to have jurisdiction in the Islands. PROVISION is made for a Public Service Commission,a Teaching Service Commission,a Judicial and Legal Service Commission,and a POLICE SERVICE COMMISSION, to provide ADVICE on appointments to offices in these services. A NEW National Security Council is established,as is the office of Director of Public Prosecutions-O.D.P.P. Provision is also made for public finance,a Complaints Commissioner,and a Register of Interests]. Your worship-
With these written Constitutional facts,I Jefferson John Knight, can say with authority,that the B.V.I is now being GOVERNED under a BRAND NEW CONSTITUTION of 2007:
My people have now been enlightened on THEIR Constitution of 2007.Leave in peace and enjoy your Fundamental Rights and Freedoms,guaranteed to all residence and citizens of the Virgin Islands,by Her Majesty-The Queen...Bah bye Vino.My mission has been accomplished.Blog, but don't fight and don't kill each other for exercising their brand new Fundamental Rights and Freedoms!!!..............
"""""""where you born is NOT where you from"""and i am now mentally clear,that chapter 1 section 2(2) of the new BVI constitution of 2007,as the former prosecutor read out, is the supreme law that declared that,and is not immigration or passport office or the british nationality act who made the law.Immigration have to enforce the law..the bvi constitution implied"""""""""where you BORN is of NO constitutional significance because the B V I as a piece of land cannot give rights;;its your parents who instill rights on a baby child.A child cannot choose its rights at birth,, all citizens and expats are now clear on the law.knight rider is our new ambassadore;; o.k...
Inspector knight is academically qualified as a police officer and as a prosecutor.he is not the kind of person that will go about the place boasting that he have a detective certificate,criminal investigation certificate, prosecution certificate;he attended h.l stout college,and he have a english diploma from a college in uk and completed a course on court prosecution from UWI campose right here in BVI.he always use to say {me en't bright,me en't no big degree man,but with my god given intelligence,ah can twist them degree holders like a tornado} Inspector knight have respect for her royal majesty the queen,and all his talking was about what her majesty declared in her bvi constitution,and that is why,when those sr.officers in the force try to oppress him,he wrote to the Governor and to england and complain to the queen of buckingham palace and to the foreign & commonwealth office in uk and let them know that he belongs to the v.i and he as a citizen have certain rights and just because he exercised those fundamental rights to speak and write,some in authority want to attack him.inspector knight believe in justice for all under the constitution.when he use to prosecute,his slogan was {i am serving my country bvi where i am deem to belong according to the bvi constitution,and i am serving her majesty the queen}he got the nickname {serving my country bvi}he is proud of bvi and its people.inspector knight is the first person who i heard say{if bvi people were bad people,none of us expats would servive in the bvi} and he said {bvi people and expats getting married every day to become families,that is a sign of god's love for each other,so what are we fighting about?we don't even know what we fighting over,we are just fools fighting for nothing,we curse each other for nothing} i live my life in the bvi as a police officer always remembering the words of inspector knight when he said{we live as one people,and we don't even know what we fighting over}i sense his articles is to tell us,{all of us have fundamental rights under the bvi constitution but not all of us have citizenship rights,and citizenship rights are for citizens only.expats have rights to reside and work and we must accept our status for the time being.so expats must pay for work permit and pay for immigration time.i know inspector knight and how he think,i get his point.
(1) Protection of right to life (2) Equality before the law(3) protection from INHUMAN treatment (4) Protection from slavery and forced labour(5)Protection of right to personal liberty(6)Provision to secure protection of law(7) Protection of right to prisoners to humane treatment (8)Protection of freedom of movement(9)Protection of family life and privacy of home and other property(10)Protection of the right to marry and found a family(11)Protection of freedom of conscience-Religion(12)Protection of the right to education(13)Protection of freedom of expression-speech(14)Protection of freedom of assembly and association(15)Protection from discrimination(16)Protection for periods of public emergency-disaster(17)Protection of persons detained under emergency law(18)Protection of the environment(19)Protection of children, and (20)Enforcement of protective provision.
Her Majesty-The Queen,has now set us FREE in the B.V.I under the 2007 Constitution; with 20 Fundamental Rights and Freedoms of the Individuals,and those Individuals include[Citizens/Belongers,visitors-expatriates,workers and citizens of other countries residing in the BVI] It is now for you to "Go and ENJOY these RIGHTS" but, you all MUST Respect B.V.I LAWS!Finally,I must thank the Government of the year 2005 [N.D.P Government]for their VISION to replace the old Constitution of 1976,with a Brand-new constitution of 2007.Three cheers for Her Majesty...H H H