2
J.
-----
(4) Any person detained under this regulation in the course of removal from one place of detention to another shall be deemed to be in lawful custody,
(5) -
(a) any vessel, aircraft or vehicle; or
(b) any person to whom this regulation applies, in contravention of any directions given under the provisions of paragraph (1), (2) or (3). leaves any place in the Colony where- (i) such vessel, aircraft or vehicle; or
(ii) such person,
is detained, such person, or the person responsible for such vessel, aircraft or vehicle leaving such place of detention shall be guilty of an offence against these regulations.
(6) Where directions have been given under the provisions of paragraph (1), (2) or (3), any person act- ing on behalf of the Governor may, in relation to any vessel, aircraft or vehicle, or the persons on board, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing com- pliance with the aforesaid directions, or for enabling proceedings in respect of an offence against these' regulations to be effectually taken.
(7) (4) On the cancellation of any directions given under the provisions of paragraphs (1) and (2), the vessel, aircraft or vehicle and the persons on board, in relation to which or whom such directions have been given, if so ordered by the Governor, shall forth- with, or within such time as may be specified, depart from the Colony.
(6) For the purpose of effecting such departure, any person acting on behalf of the Governor may, in relation to such vessel, aircraft of vehicle and the persons on board, take such steps, and use such force, as may appear to that person to be reasonably necessary.
(8) In this regulation-
"persons on board" means persons who are on board any vessel, aircraft, or vehicle in any or all of the following cases-
(a) at the time when it arrives in the Colony; (b) at the time when it is detained under this
regulation; and
(c) between the time it arrives or is detained as aforesaid and the time it finally departs from the Colony;
"vehicle" means any vehicle designed or adapted for
use on roads or rails.
(9) The provisions of this regulation shall be in addition to and not in derogation of any law for the time being in force in relation to deportation and ex- pulsion of persons from the Colony or of any of the other provisions of these regulations.".
COUNCIL CHAMBER,
11th February, 1958.
M Marlow
Clerk of Councils.
Explanatory Note.
(This Nota is not part of the regulations, but is intended to indicate their general purport).
At the time when the Emergency (Principal) Regulations, 1049, were drafted it was not possible to foresee definitively all the provisions which would be needed in the future. Consequently, it has been found necessary from time to time to add new provisions or to recast the old ones. Regulation 2 amends the 1949 regulations by the addition of a new provision empowering the Governor, if he is satisfied that it is necessary or expedient in the public interest so to do, to datain vessels, aircraft, vehicles and persons on board, as defined in the new regulation 60A, and also gives the Governor and persons acting on his behalf ancillary powers which are considered necessary for the effectual carrying out of the provision.
(Secretariat D/ERI
No comments yet.
Private notes are available after approval.