Emergency (Public Security) Act

EMERGENCY {PUBLIC SECURITY) I cap. 1u h W 40 of l%l. M [2nd August, 1939.1 10 1% THE EMERGENCY (PUBLIC SECURITY) ACT 1. This Act may be cited as the Emergency (Public ~borttith. Security) Act. 2. In this Act- Inlapr& ti0n. “enactment” includes any regulation, rule, order, pro “period of public emergency” means any period during 10/1966 clamation, or by-law, in force in Jamaica; Which- S. 2. (a) Jamaica is engaged in any ww, or (b) there i s in force a proclamation by the Govemor General declaring that a state of public emergency exists; or (c) there is in force a resolution of each House of Parliament supported by the votes of a majority of all the members of that House declaring that democratic institutions in Jamaica are threatened by subversion, and in this definition “proclamation” means a proclamation, 10/]966 effective for the purposes of subsection (4) of section 26 of the Constitution of Jamaica, which is issued upon the Governor-General being satisfied that a public emergency has arisen as a result of the imminence of a state of war between Jamaica and a foreign State. 2. 3.-(1) During a period of a public emergency the Powrrto mate War Governor-General may make such Regulations (in this Act Emergency referred to as “The War Emergency Regulations’’), appear to him to be necessary or expedient for securing s 4. y;glz= indudon of thia page is authorized by LH. 480/19731 2 EMERGENCY (PUBLIC SECURITY) the public safety, the defence of Jamaica, the maintenance of public order and the suppression of mutiny, rebellion and not, and for maintaining supplies and services essential to the life of the community. 40/1961 S. 2. (2) Without prejudice to the generality of the powm conferred by subsection (1) such Regulations may, so far as appears to the Governor-General to be necessary or expedient for any of the purposes mentioned in such subsection (U) make provision for the detention of persons and the deportation and exclusion of ~ S O M from Jamaica; (b) authorize on behalf of Her Majesty (i) the taking of possession or control or the managing or carrying on, as the case may be, of any property or undertaking; (i i) the acquisition of any property other than land; ((9 authorize the entenng and search of any p r m (d) provide for amending any enactment, for suspend ing the operation of any enactment, and for apply ing any enactment with or without modification; (e) provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the Regulations, such fee as may beprescribed by or under the Regulations; 03 provide for payment of compensation and remu neration to persons affected by the Regulations; (g) provide for the apprehension, trial and punish ment of persons offending against the Regulations: Provided that nothing in this section shall authorize the making of provision for the trial of persons by Military Courts. IThc inclusion of this page is authorizcd by LN. 480/19731 .. EMERGENCY (PUBLIC SECURITY) 3 4. The War Emergency Regulations may provide for Powerto empowering such authorities or persons as may be specified in the Regulations to make proclamations, orders and rules Rcgulahoar for any of the purposes for which such Regulations are authorized by this Act 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. S. Any regulation made under this Act, or any pro- ~ c p u l ~ t i ~ clamation. order or rule made in pursuance of any such i2v:l,net. regulation, shall have effect notwithstanding anything E:pdl"g inconsistent therewith contained in any enactment; and any dstmy. provision of an enactment which may be inconsistent with any regulation or any such proclamation, order or rule shall, whether that provision shall or shall not have been amended, modified or suspended in its operation under section 3, to the extent of such inconsistency have no effect so long as such regulation, proclamation, order or rule shall remain in force. make ordcn. undm 6. Every document purporting to be an instrument made wenm or issued by the Governor-General or other authority or person in pursuance of this Act, or of any Regulations end-. made under this Act, 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 by such authority or person. me inclusion of this pa& is anthoriad by L.N. 480/19731