EMERGENCY (PUBLIC SECURITY) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Power to make War Emergency Regulations

   4   Power to make orders etc under Regulations

   5   Regulations, etc to prevail notwithstanding inconsistency

   6   Documents to be received in evidence

 

THE EMERGENCY (PUBLIC SECURITY) ACT

[Date of Commencement: 2nd August, 1939]

Cap 112.

Law 40 of 1961.

Act 10 of 1966.

1   Short title

   This Act may be cited as the Emergency (Public Security) Act.

2   Interpretation

   In this Act-

   "enactment" includes any regulation, rule, order, proclamation, or by-law, in force in Jamaica;

   "period of public emergency" means any period during which-

[10/1966 s 2.]

   (a)   Jamaica is engaged in any war, or

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   (b)   there is in force a proclamation by the Governor-General declaring that a state of public emergency exists; or

   (c)   there is in force a resolution of each House of Parliament supported by the votes of a majority of all the members of that House declaring that democratic institutions in Jamaica are threatened by subversion.

and in this definition "proclamation" means a proclamation, effective for the purposes of subsection (4) of section 26 of the Constitution of Jamaica, which is issued upon the Governor-General being satisfied that a public emergency has arisen as a result of the imminence of a state of war between Jamaica and a foreign State.

[10/1966 s 2.]

3   Power to make War Emergency Regulations

   (1) During a period of a public emergency the Governor-General may make such Regulations (in this Act referred to as "The War Emergency Regulations"), as appear to him to be necessary or expedient for securing the public safety, the defence of Jamaica, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community.

[10/1966 s 4.]

   (2) Without prejudice to the generality of the powers conferred by subsection (1) such Regulations may, so tar as appears to the Governor-General to be necessary or expedient for any of the purposes mentioned in such subsection-

   (a)   make provision for the detention of persons and the deportation and exclusion of persons from Jamaica;

   (b)   authorise on behalf of Her Majesty-

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