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. (A
4.
Bunder 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.
5 Under Regulation 524, it was made an offence, the maximum punishment for which was life imprisonment, for a person without lawful authority, etc. Las in Regulation 527 to
6
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(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) carry or have in his possession or under his
control a bomb or grenade; or
(c) 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.
I have also looked at the Kenya emergency regulations 1952
as in force in August 1955. Under Regulation 8 Affences were created for the carrying 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, But the definitions of firearms, explosives and ammunition did not include a bomb or a grenade.
7. I was able to find nothing relevant in the Northern Rhodesia emergency regulations.
8. Regulation 116 A (2). You will see from the preceding paragraphs of my minute that I have not been able to find anything which is substantially similar to this Hong Kong legislation mentioned in (405). To my mind it appears more severe than any of the provisions I have mentioned above. In particular no distinction is drawn between injury to a person (which must surely be the more important thing) and injury to property. See for example the Cyprus regulations which do make such a distinction. Of course the Hong Kong provision on the use of an explosive substance against any person (or the attempt so to do) is covered by Cyprus regulation 52, read with Cyprus regulation 72 (1) which covers attempts.
9.
If I
may make a general observation I think a distinction should be made between injury to the person and jay and damage to property.
/ 10.