2.
(0) In the case of a territory in which at the material time Defence Regulations are in force, the power to apprehend, try and punish a person under the preceding Article shall be exercisable as if offences against the said Regulation forty-six were offences against those Regulations, and were punishable there- under in accordance with any general provisions of those Regula- tions relating to the punishment of offences, other than offences for which a special penalty is provided.
(2) In the case of any territory not falling within the preced- ing paragraph,--
(a) the power to apprehend and try a person under the preceding Article shall be exercisable in accordance with any rules made in that behalf by the Governor of the territory; and
(b) the power to punish a person under that Article shall be exercisable as if at the material time Defence Regulations were in force in the territory and offences against the said Regulation forty-six were offences against those Regula- tions, and as if the penalties applicable thereunder to offences against the said Regulation forty-six were such as may appear to the court of trial to correspond most nearly to the penalties to which, on conviction in com- parable proceedings, a person is liable in England for an offence against that Regulation.
(3) In this Article-
(a) the expression "the material time", in relation to the exercise of a power, means the time at which the power is to be exercised;
(b) the expression "The Governor*,
(i) în relation to the territories comprised in the Federn- tion of Alalayo, means the High Conamissioner of the Federation, and includes any person for the time being administering the government of the federa- tion:
(ii) in relation to the Zanzibar Protectorate, means the British Resident or the person inwfully discharging his functions;
(iii) in relation to any other territory, includes any person
administering the government of the territory; and
3
(iv) in relation to any territory, includes any deputy to the person who is the Governor of the territory in accordance with the preceding heads of this sub- paragrapli, to the extent that the deputy is authorized To act for that person; and
(c) the reference to conviction in comparable proceedings- (i) if the proceedings before the court of trial are in the nature of summary proceedings, shall be construed as a reference to summary conviction, and
3.
(ii) in any other case, shall be construed as a reference
In conviction on indictment.
This Order shall have effect in relation to any depend- encies of any of the territories specified in the Schedule to this Order, and in relation to the territorial waters (if any) adjacent to any such territory or to a dependency thereof, as it has effect in relation to that territory,
4. (1) The Defence Regulaians (Reciprocal Enforcement) Order, rogo(d) (which provides for the reciprocal enforcement of Defence Regulations in the United Kingdom and in other terri- turies in which Defence Regulations are for the time being in force by virtue of the Emergency Powers (Defence) Act, 1939) shall not apply for the purposes of the apprehension, trial or punishment of any person, in any of the territories specified in the Schedule to this Order, for an offence against the said Regula- tion forty-six committed after the coming into operation of this Order,
(2) Subject to the preceding paragraph, nothing in this Order shall affect the operation of the said Order of 1940 in relation to any offence against Defence Regulations.
5.
(1) This Order may be cited as the Control of Trade by Sea (Colonial Enforcement) Order, 1953-
(2) This Order shall come into operation on the sixth day of August, nineteen hundred and fifty-three.
WP. G. Agnes.
(d) SR. & 0. 1940/1036; 1940 II, p. 266.