Emergency Powers Act

Link to law: http://laws.gov.ag/acts/chapters/cap-147.pdf
Published: 1967

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Emergency Powers (CAP. 147 1

CHAPTER 147

T H E EMERGENCY POWERS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3 . Declaration of "state of emergency".
4. Period during which Proclamation shall remain in force.
5. Provisions relating to lapse or cessation of declaration

not to prejudice power to make further declaration.
6. Emergency Powers of Cabinet.
7 . Prohibited acts.
8. Publication of Proclamations and Regulations.
9. Indemnity and compensation.

10. Establishment of Emergency Laws Tribunal.
11. Offences and penalties.

EMERGENCY POWERS

(27th July, 1967.) 3511967.

1. This Act may be cited as the Emergency Powers
Act.

2. In this Act- Interpretation.

"period of emergency" means a period beginning with
a declaration made by the Governor-General by
Proclamation published in Antigua and Barbuda
that a state of emergency exists therein and ending

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2 CAP. 147) Emergency Powers

either with a declaration so made that a state of
emergency no longer exists therein or in accordance
with the provisions of section 4 of this Act;

Declaration of 3. ( 1 ) If at any time it appears to the Governor-
"state of
emergencyv. General that any action has been taken or is immediately

threatened by any person or body of persons of such a nature
and on so extensive a scale as to be likely to endanger the
maintenance of public order or the defence of Antigua and
Barbuda or the maintenance of the public safety or the
defence of the community or any substantial portion of the
community or any supplies or services essential to the life
of the community, the Governor-General may by Proclama-
tion in the Gazette declare that a state of emergency exists
in Antigua and Barbuda or any portion thereof, whereupon
the provisions contained in this Act shall immediately come
into force.

(2) A declaration of emergency may at any time be
revoked by the Governor-General by Proclamation which
shall be published in the Gazette.

( 3 ) The Governor-General shall exercise the powers
conferred on him by this section in accordance with the advice
of the Cabinet.

Period during
which

4. (1) A Proclamation made by the Governor-General
proc~amation for the purposes of and in accordance with section 3 of this
shall remain in Act-
force.

(a) shall, unless previously revoked, remain in force
for one month or for such longer period, not exceeding
six months, as the House of Representatives may
determine by a resolution supported by the votes of a
majority of all the members of the House;

(b) may be extended from time to time by a resolu-
tion of the House of Representatives, passed in like
manner as is prescribed in paragraph (a) of this sub-
section for further periods, not exceeding in respect of
each such extension a period of six months; and

(c) may be revoked at any time by a resolution
supported by the votes of a majority of all the members
of the House of Representatives.

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Emergency Powers ( C A P . 147 3

(2) A resolution passed by the House of Representatives
for the purposes of subsection (1) of this section may be
revoked at any time by a resolution of that House supported
by the votes of a majority of all the members thereof.

5 . Any provision of section 4 of this Act that a declara- provisions
relating to lapse

tion of emergency shall lapse or cease to be in force at any of
particular time shall be without prejudice to the making of t:;~;:en~t
a further declaration whether before or after that time. power to make

further
declaration.

6. (1) The Cabinet may during a period of emergency Emergency
Powers of in Antigua and Barbuda- Cabinet.

(a) make regulations for the purpose of controlling
and regulating-

(i) all means of communication and transport;

(ii) all fuel, buildings, plants and materials
necessary to the working of the same;

(iii) all food and liquor supplies, and all
necessaries;

(iv) all electric, water and other power stations.

(b) make regulations-

(i) to prohibit or restrict the possession or use
by any person or body of persons of any
specified article;

(ii) to impose on any person any restrictions in
respect of his employment or business, in
respect of his place of residence, and in
respect of his association or communication
with other persons;

(iii) to prohibit any person from being out of
doors between such hours as may be specified
except under the authority of a written per-
mit granted by such authority or person as
may be specified;

(iv) to require any person to notify his movements
in such manner at such times and to such
authority or person as may be specified;

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4 CAP. 147) Emergency Powers

(v) to prohibit any person from travelling except
in accordance with permission given to him -
by such authority or person as may be
specified;

(vi) to require any person to quit any place or
area or not to visit any place or area;

(vii) to provide for the detention of persons and
the deportation and exclusion of persons from
Antigua and Barbuda;

(viii) to authorize the entering and search of any
premises;

(ix) to authorize on behalf of Her Majesty-

(i) the taking of possession or control or the
managing or carrying on, as the case
may be, of any property or undertaking;

(ii) the acquisition of any property other than
land;

(c) make regulations authorizing such other
measures as Cabinet may deem reasonably justifiable
for dealing with the situation that exists in Antigua and
Barbuda during that period of emergency:

Provided that nothing in this Act shall be construed
to authorize the making of any regulations imposing
any form of compulsory military service or industrial
conscription, or providing for the trial of persons by
military court:

Providing also that no such regulations shall alter
any existing procedure in criminal cases, or confer any
right to punish by fine or imprisonment without trial.

(2) The regulations so made shall have effect as if
enacted in this Act.

(3) The expiry or revocation of any regulations made
under this Act shall not be deemed to have affected the
previous operation thereof, or the validity of any action taken
thereunder, or any penalty or punishment incurred in respect
of any contravention or failure to comply therewith, or any
proceeding or remedy in respect of any such punishment.

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Emergency Powers (CAP. 147 5

7. During a period of emergency no person shall Prohibited acts.
within Antigua and Barbuda or that area of Antigua and
Barbuda to which the emergency applies, as the case may
be-

(a) carry any lighted torch;

(6) beat any drum or blow or use any noisy
instrument;

(c) without lawful excuse carry any arms, explosive
substance, knives, sticks, or other weapons of offence
of any nature whatsoever (whether similar to the fore-
going or not).

8. (1) Regulations made under section 6 of this Act Publication of
Proclamations

shall be published in the Gazette. and Regulations.

(2) If at any time it is impossible or impracticable to
publish in the Gazette any proclamation or regulation in pur-
suance of this Act, it shall be lawful to publish such
proclamation or regulation by notices thereof affixed to public
buildings or distributed amongst the public or by oral public
announcements.

9. No person shall be liable to any suit or action in Indemnity and
compensation. respect of any act done under lawful direction and authority

pursuant to the provisions of this Act, but Cabinet may in
their discretion order that compensation shall be paid out
of the public funds of Antigua and Barbuda to any person
upon being satisfied that such person has suffered loss or
damage by reason of the exercise of any powers conferred
by section 6.

10. For the purpose of section 17 of the Constitution- Establishment of
Emergency Laws
Tribunal.

(1) there shall be an Emergency Laws Tribunal for
Antigua and Barbuda;

(2) the members of the Emergency Laws Tribunal shall
be-

(a) the person appointed by the Chief Justice in
pursuance of section 17 of the Constitution; and

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6 CAP. 147) Emer-ency Powers

( 6 ) four other members (hereinafter called "the
appointed members") appointed in accordance with the
provisions of subsection (3) of this section.

(3) The appointed members shall be appointed by the
Governor-General by instrument under the Public Seal in
accordance with this subsection-

(a) two appointed members none of whom are in
active practice as a barrister or as a solicitor, shall be
appointed by the Governor-General acting in accordance
with the advice of the Prime Minister;

(b) two appointed members shall be appointed by
the Governor-General acting in his discretion from a
list of five persons, submitted by the Prime Minister
none of whom are in active practice as a barrister or
as a solicitor.

Offences and 1 . Any person who does any act or thing contrary
penalties.

to the provisions of this Act or who contravenes or fails to
comply with any regulation made under this Act and any
person who obstructs or attempts to obstruct any person duly
authorised to carry out the provisions of this Act in the
performance of any duties thereunder shall be guilty of an
offence and shall, on summary conviction, be liable to a fine
of three thousand dollars or to imprisonment for six months
or to both such fine and imprisonment, together with the
forfeiture of any goods or money in respect of which the
offence has been committed.