EMERGENCY REGULATIONS ORDINANCE

EMERGENCY REGULATIONS ORDINANCE

CHAPTER 241.

EMERGENCY REGULATIONS.

To confer on the Governor in Council power to make
regulations on occasions of emergency or public danger.

[28th February, 1922.]

1. This Ordinance may be cited as the Emergency
Regulations Ordinance.

2. (1) On any occasion which the Governor in Coun-
cil may consider to be an occasion of emergency or public
danger he may make any regulations whatsoever which lie
may consider desirable in the public interest.

(2) Without prejudice to the generality of the provisions
of subsection (i), such regulations may provide for-
(a)censorship, and the control and suppression of
publications, writings, maps, plans, photographs,
communications and means of communication;
(b) arrest, detention, exclusion and deportation ;
(c)control of the harbours, ports and territorial waters
of the Colony, and the movements of vessels;
(d)transportation by land, air or water, and the control
of the transport of persons and things;
(e)trading, exportation, importation, production and
manufacture;
(f) appropriation, control, forfeiture and disposition
of property, and of the use thereof;
(g)amending any enactment, suspending the operation
of any enactment and applying any enactment with
or without modification;
(h) authorizing the entry and search of premises;
(i)empowering such authorities or persons as may be
specified in the regulations to make orders and rules
and to make or issue notices, licences, permits,
certificates or other documents for the purposes of
the regulations;
(j) charging, in respect of the grant or issue of any
licence, permit, certificate or other document. for the
purposes of the regulations such fees as may be
prescribed by the regulations;





(k)the taking of possession or control on behalf of the
Governor of any property or undertaking;
(l) requiring persons to do work or render services;
(m)payment of compensation and remuneration to
persons affected by the regulations and the deter-
mination of such compensation; and
(n)the apprehension trial, and punishment of persons
offending against the regulations or against any law
in force in the Colony,
and may contain such incidental and supplementary provi-
sions as appear to the Governor to be necessary or expedient
for the purposes of the regulations.

(3) Any regulations made under the provisions of this
section shall continue in force until repealed by order of the
Governor in Council.

(4) A regulation or any order or rule made in pursuance
of such a regulation shall have effect notwithstanding any-
thing inconsistent therewith contained in any enactment ;
and any provision of an enactment which may be inconsistent
with any regulation or any such order or rule shall, whether
that provision shall or shall not have been amended, sus-
pended or modified in its operation under subsection (2),
to the extent of such inconsistency have no effect so long
as such regulation, order or rule shall remain in force.

(5) Every document purporting to be an instrument
made or issued by the Governor or other authority or person
in pursuance of this Ordinance or of any regulation made
hereunder and to be signed by or on behalf of the Governor
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 or that
authority or person.

3. (1) Without prejudice to the powers conferred by
section 2, regulations made hereunder may provide for the
punishment of any offence (whether such offence is a con-
travention of the regulations or an offence under any law
applicable to the Colony) with such penalties and sanctions
(including the penalty of death), and may contain such pro-
visions in relation to forfeiture, disposal and retention of any
article connected in any way with such offence and as to
revocation or cancellation of any licence, permit, pass or





authority issued under the regulations or under any other
enactment as to the Governor in Council may appear to be
necessary or expedient to secure the enforcement of any
regulation or law or to be otherwise in the public interest.

(2) Any person who contravenes any regulation made
under this Ordinance shall, where no other penalty or punish-
ment is provided by such regulations, be liable upon sum-
mary conviction to imprisonment for two years and to a fine
of five thousand dollars.

(3) Notwithstanding the provisions of subsection (i) if
uny regulation made under this Ordinance provides either-
(a)that a contravention of such regulation shall be
punished with death; or
(b)that an offence, not punishable with death under the
the law in force immediately prior to the making of
such regulation, shall be punishable with death, or
uses words to a similar effect,
such provision shall be subject to the approval Of Legislative
Council and if approved shall come into operation on such
date as may be specified by resolution of Legislative Council.

4. For the purpose of removing doubts it is hereby
declared that the words in subsection (i) of section 2 'he may
make any regulations whatsoever which he may consider
desirable in the public interest' shall be deemed always to
have included power to make such regulations as are men-
tioned in paragraph (g) of subsection (2) of section 2 and it
is further declared that the provisions of subsection (4) Of
section 2 shall be deemed always to have been incorporated
herein.
Originally 5 of 1922. Fraser 5 of 1922. 8 of 1949. 40 of 1949. Short title. Power to make regulations. 8 of 1949, s. 2. [s. 2 cont.] 40 of 1949, s. 2. Penalties. 40 of 1949, s. 3. Declaratory provision as to effect of an amending Ordinance. 40 of 1949, s. 4.

Originally 5 of 1922. Fraser 5 of 1922. 8 of 1949. 40 of 1949. Short title. Power to make regulations. 8 of 1949, s. 2. [s. 2 cont.] 40 of 1949, s. 2. Penalties. 40 of 1949, s. 3. Declaratory provision as to effect of an amending Ordinance. 40 of 1949, s. 4.

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