Objects and Reasons.
11
1. Section 2 of the Protected Places (Safety) Ordinance, 1946, the principal Ordinance, defines "Protected Place' as follows:-
"Protected Place" means any premises declared by any order of the Governor for the time being in force to be a protected place under Regulation 32 of the Defence Regulations, 1940, as modified by the Emergency Powers (Extension) Proclamation."
Regulation 32 is continued in force until the 31st December, 1947, by order (G.N. 540 of 1946), under the authority of the Law Amendment (Transitional Provisions) Ordinance, 1946, but then expires. The amendment to be effected by Clause 2 of the Bill there- fore provides that "protected places" shall be declared by the Governor under the authority of the Ordinance and not by reference to Defence Regulations.
2. Section 4(1) (b) (i) of the principal Ordinance provides as follows:-
"4. (1) It shall be the duty of an authorised guard :
(a)
(b) so far as consistent with the proper discharge of any other duty imposed on him by this Ordinance to arrest or assist in the arrest of
(i) any person who if he were in the protected place guarded by such authorised guard could lawfully be removed therefrom under paragraph 3 of Regulation 32 (of the Defence Regulations, 1940) and who is either found therein by such authorised guard or is reasonably suspected by him of attempting to enter such protected place or having recently exited there- from;
It is considered that such employment of cross-reference to Regulation 32 (3) of the Defence Regulations does not suffice clearly to describe a person in respect of whom powers of arrest may be exercised by an authorised guard. Such cross-reference is also inappropriate in view of the imminent expiration of the Defence Regulation in question. The purpose of Clause 2 of this Bill is there- fore to effect amendment of the principal Ordinance to make clear such description.
3. Clause 4 is designed to amend Section 8 of the principal Ordinance to make clear the liability to penalty of persons found in a protected place.
4. The powers granted by the principal Ordinance have been very sparingly used. Nevertheless, reports indicate that since the Ordinance came into force there has been a marked decrease in theft from protected places. It is therefore considered desirable to retain the Ordinance but to provide for suspension of its operation when it appears that the need for the Ordinance is no longer imperative. Clause 5 of the Bill provides, therefore, for the addition of a section, as Section 9, to the principal Ordinance to empower the Governor by proclamation to suspend the operation of the Ordinance and, if necessary, to terminate any such suspension.
J. B. GRIFFIN, Attorney General.
31