NOTE ON EMERGENCY LEGISLATION RELATING TO
THE POSSESSION OF BOMBS, EXPLOSIVES, ETC.
Malaya
The emergency legislation of the Federation of Malaya contained a provision similar to Hong Kong Reg. 116 A(1). It was Regulation 4 and provided in effect that -
Any person who without lawful excuse, the onus of proving which lay on such person, carried or had in his possession or under his control any ammunition (defined as including a grenade; bomb or noxious liquid) or explosive without lawful authority therefor should be guilty of an offence punishable by death.
The regulation also made provision prescribing what was deemed to be possession with lawful authority, e.g. possession by a police officer or member of H.M. forces.
Cyprus
Under the Cyprus emergency regulations 1955 as in force in July 1958, the comparable provision was not as severe. The offence punishable by death was limited to the case where a person without lawful authority or lawful excuse threw, caused to explode or ignite, or deposited any bomb or other explosive or incendiary article, substance or liquid, with intention to cause death or injury to any person or persons. The onus of proof of lawful authority or excuse lay upon the person accused. The foregoing is Regulation 52.
Under Regulation 52A, it was made an offence, the maximum punishment for which was life imprisonment, for a person without lawful authority, etc. as in Regulation 527 to -
(a) throw, cause to explode or ignite or deposit a bomb or other
explosive or incendiary article, substance or liquid with intention to cause damage to property; or
(b)
(c)
carry or have in his possession or under his control a bomb
or grenade; or
carry or have in his possession or under his control any explosive article, substance or liquid other than a bomb or grenade or ammunition with intention to cause death or injury to any person or damage to any property.
Kenya
Under Regulation BA of the Kenya Emergency Regulations 1952, as in force in August, 1955, offences were created for the canying or possession of or having control of firearms or the carrying or possession of ammunition or explosives except with lawful authority, etc., and such offences were punishable by death.
The