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| PUBLIC SECURITY |
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AN ORDINANCE TO PROVIDE FOR THE ENACTMENT OF EMERGENCY REGULATIONS IN THE INTERESTS OF THE PUBLIC SECURITY AND THE PRESERVATION OF PUBLIC ORDER AND FOR THE MAINTENANCE OF SUPPLIES AND SERVICES ESSENTIAL TO THE LIFE OF THE COMMUNITY.
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| Ordinance Nos, |
| 25 of 1947 |
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| Act Nos, |
| 22 of 1949 |
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| 34 of 1953 |
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[16th June
, 1947 ]
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Short title.
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1. This Ordinance may be cited as the Public Security Ordinance.
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Power of Governor-General to bring Part II into operation.
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2.
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(1) Where, in view of the existence or imminence of a state of public emergency, the Governor-General is of opinion that it is expedient so to do in the interests of public security and the preservation of public order or for the maintenance of supplies and services essential to the life of the community, the Governor-General may, by Proclamation published in the Gazette, declare that the provisions of Part II of this Ordinance shall, forthwith or on such date as may be specified in the Proclamation.
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(2) Where the provisions of Part II of this Ordinance have come into operation on any date by virtue of a Proclamation under subsection (1), those provisions shall, subject to the succeeding provisions of this section, be in operation for a period of one month from that date, but without prejudice to the earlier revocation of the Proclamation or to the making of a further Proclamation at or before the end of that period.
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(3) Where a Proclamation is made under the preceding provisions of this section, the occasion thereof shall forthwith be communicated to Parliament, and, if Parliament is then separated by any such adjournment or prorogation as will not expire within ten days, a Proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit upon the day appointed by that Proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.
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The fact that the occasion of making of a Proclamation under subsection (1) cannot be communicated to Parliament by reason that Parliament does not meet when summoned to meet as provided by this subsection shall not in any way affect the validity or operation of that Proclamation or of the provisions of Part II of this Ordinance or anything done under that Part:
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Provided that in such event, Parliament shall again be summoned to meet as early as possible thereafter.
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Presumtion as to existence or imminence public emergency.
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3. Where the provisions of Part II of this Ordinance are or have been in operation during any period by virtue of a Proclamation under section 2, the fact of the existence or imminence, during that period, of a state of public emergency shall not be called in question in any court.
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Saving provisions applicable on cessation of operation of Part II.
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4. The expiry or revocation of any Proclamation under section 2 shall not affect or be deemed to have affected-
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(a) the past operation of anything duly done or suffered to be done under Part II of this Ordinance while that Part was in operation;
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(b) any offence committed, or any right, liberty or penalty acquired or incurred while that Part was in operation;
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(c) the institution, maintenance or enforcement of any action, proceeding or remedy under that Part in respect of any such offence, right, liberty or penalty.
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Power of Governor-General to make emergency regulations.
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5.
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(1) The Governor-General may upon the recommendation of the Prime Minister or any other minister authorized by the Prime Minister to act on his behalf under this section in case of his temporary absence or in capacity makes such regulations make such regulations (hereinafter referred to as “emergency regulations” as appear to him to be necessary or expedient in the interests of public security and the preservation of public order and the suppression of mutiny, riot or civil commotion, or for the maintenance of supplies and services essential to the life of the community.
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(2) Without prejudice to the generality of the powers conferred by the preceding subsection, emergency regulations may, so far as appears to the Governor-General to be necessary or expedient for any of the purpose mentioned in that subsection-
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(a) authorize and provide for the detention of persons;
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(b) authorize-
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(i) the taking of possession or control, on behalf of Her Majesty, of any property or undertaking;
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(ii) the acquisition on behalf of Her Majesty of any property other than land;
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(c) authorize the entering and search of any premises;
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(d) provide for amending any law, for suspending the operation of any law and for applying any law with or without modification;
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(e) provide for charging, in respect of the grant or issue of any license, permit, certificate or other document for the purposes of the regulations, such fee as may be prescribed by or under the regulations;
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(f) provide for payment of compensation and remuneration to persons affected by the regulations;
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(g) make provisions for the apprehension and punishment of offenders and for their trial by such courts, not being courts martial, and in accordance with such procedure, as may be provided for by the regulations, and for appeals from the orders or decisions of such courts and the hearing and disposal of such appeals.
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(3) Any emergency regulation may be added to, or altered or revoked by resolution of the House of Representatives by or by regulation made under the preceding provisions of this section.
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Delegation of powers.
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6. Emergency regulations may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations are authorized by this Ordinance to be made, and may contain such incidental and supplementary provisions as appear to the Governor- General to be necessary or expedient for the purposes of the regulations.
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Emergency regulations to prevail over other law.
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7. An emergency regulation or any order or rule made in pursuance of such a regulation shall have effect notwithstanding anything inconsistent therewith contained in any law; and any provision of a law which may be inconsistent with any such regulation or any such order or rule shall, whether that provision shall or shall not have been amended, modified or suspended in its operation under section 5 of this Ordinance, to the extent of such inconsistency have no effect so long as such regulation, order or rule shall remain in force.
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Regulations, orders, &c, not to be called in question in any court.
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8. No emergency regulation, and no order, rule or direction made or given thereunder shall be called in question in any court.
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Protection of offices &c
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9. No should prosecution or other proceeding civil or criminal shall lie against the Government or any officer or any person for any actor think in good faith done in pursuance or supposed pursuance of any emergency regulations or of any order made or direction given thereunder.
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Reception of documents in evidence, &c.
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10. Every document purporting to be an instrument made or issued by the Governor-General or other authority or person in pursuance of this Ordinance or of any emergency regulation, and to be signed by or on behalf of the Governor-General or such other authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Governor-General or that authority or person.
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Regulations to come into force upon being made by the Governor-General.
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11. Notwithstanding anything in the Interpretation Ordinance or in any other law, every emergency regulation shall come into force forthwith upon its being made by the Governor-General, and shall be deemed to be as valid and effective as though it were herein enacted.
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| Chapter 40, Volume No. 2 page No. 218. |
