Qualifications of a Candidate

Section 61(1)

61.-(1) Subject to section 62, a person shall be qualified to be elected as a member of the Cayman Islands Parliament if, and shall not be qualified to be so elected unless-

(a) that person is a Caymanian; and

(b) that person has attained the age of 21 years; and

(c) that person is, at the date of that person nomination for election, domiciled and resident in the Cayman Islands; and

(d) that person is a qualified citizen; and either

(e) that person was born in the Cayman Islands, or was born outside the Cayman Islands in the circumstances mentioned in subsection (2)(b), has resided in the Cayman Islands for a period of not less than seven years immediately preceding the date of that person nomination for election and, subject to subsection (3), the number of days on which that person was absent from the Cayman Islands in that period does not exceed 400; or

(f) if that person was born outside the Cayman Islands, has resided in the Cayman Islands for a period or periods amounting to not less than fifteen years out of the twenty years immediately preceding the date of that person nomination for election, and, subject to subsection (3), in the seven years immediately preceding the date of that person nomination for election the number of days on which that person was absent from the Cayman Islands does not exceed 400.

Section 61(2)

(2) For the purposes of subsection (1)(d), a qualified citizen is a British overseas territories citizen by virtue of a connection with the Cayman Islands, who either-

(a) at the date of that person nomination for election possesses no other citizenship and is pursuing no claim to any other citizenship for which that person may be eligible; or

(b) was born outside the Cayman Islands, has or had at least one parent or grandparent who was born in the Cayman Islands and is a Caymanian (or if deceased would if alive have been a Caymanian at the date of nomination for election), and who at the date of that person's nomination for election possesses no other citizenship save for any right that person may have to some other citizenship by virtue of that person birth outside the Cayman Islands;

and in this subsection the words “other citizenship” do not include British citizenship acquired by virtue of section 3 the British Overseas Territories Act 2002 (C. 8).

Section 61(3)

(3) In ascertaining whether a person has been absent from the Cayman Islands for the purposes of subsection (1)(e) or (f), any period of absence by reason of the following shall be disregarded-

(a) the performance of duty on behalf of the Government;

(b) attendance as a student at any educational establishment;

(c) attendance as a patient at any hospital, clinic or other medical institution;

(d) employment as a seaman aboard an ocean-going vessel; or

(e) employment as a crew member on any aircraft.

Section 62(1)

62.-(1) No person shall be qualified to be elected as a member of the Cayman Islands Parliament who-

(a) is, by virtue of that person own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

(b) holds, or is acting in, any public office;

(c) has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth or the United States of America and has not been discharged;

(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Cayman Islands;

(e) subject to subsection (2), is serving or has served a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on that person by a court in any country or substituted by competent authority for some other sentence imposed on that person by such a court, or is under such a sentence of imprisonment the execution of which has been suspended, or has been convicted by any court in any country of an offence involving dishonesty;

(f) is disqualified for election by any law in force in the Cayman Islands by reason of that person holding, or acting in, any office the functions of which involve-

(i) any responsibility for, or in connection with, the conduct of any election; or
(ii) any responsibility for the compilation or revision of any electoral register;

(g) 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 the period of one month immediately preceding the date of an election in which that person is a candidate, caused to be published a Government Notice setting out the nature of such contract and that person's interest, or the interest of any such firm or company, in it; or

(h) is disqualified for membership of the Cayman Islands Parliament by any law in force in the Cayman Islands relating to offences connected with elections.

Section 62(2)

(2) For the purposes of subsection (1)(e) and section 63(g)-

(a) where a person is serving two or more sentences of imprisonment that are required to be served consecutively that person shall, throughout the whole time during which that person so serves, be regarded as serving a sentence exceeding twelve months if (but not unless) any one of those sentences exceeds that term; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.