Sri Lanka: Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1993

EXTRAORDINARY No. 771/16 - Thursday, June 17, 1993 (Published by Authority)

PART I: SECTION (I) GENERAL Government Notifications L.D.-CF 1/64. THE PUBLIC SECURITY ORDINANCE (CHAPTER 40)

REGULATIONS made by the President under section 5 of the Public Security Ordinance (Chapter 40).

D. B. Wijetunga, President.
Colombo, 17th June, 1993.

Regulations

PART I - GENERAL

1. These regulations may be cited as the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1993.

2.(1) In any emergency regulation, unless any other definition is expressly provided therein, or unless it is otherwise expressly provided therein, or the context otherwise requires-

"armed forces" means all members of the Sri Lanka Army established under the Army Act (Chapter 357), the Sri Lanka Navy established under the Navy Act (Chapter 358), and the Sri Lanka Air Force established under the Air Force Act (Chapter 359);

"Attorney-General" in relation to any emergency regulation, includes the Solicitor-General, Additional Solicitors-General and Deputy Solicitors-General, or any Counsel for the State being a Counsel for the State authorised by the Attorney-General in that behalf for the purpose of such regulation ;

"competent authority" in relation to any emergency regulation means, unless otherwise provided for in such regulation, any person appointed, by name or by office, by the President to be a competent authority for the purpose of such regulation;

"emergency regulation" means any of these regulations or any other regulation made under the Public Security Ordinance;

"essential service" means any service which is of public utility or essential for national security or for the preservation of public order or essential to the life of the community, and includes any department of Government or branch thereof, and which is specified in the Schedule hereto;

"explosive" shall have the same meaning as in the Explosives Act (Chapter 183);

"gun" shall have the same meaning as in the Firearms Ordinance (Chapter 182)

"Inspector-General of Police" shall include any Deputy Inspector-General of Police;

"land" includes land covered with water and parts of houses or buildings;

"police officer" means a member of the police force established under the Police Ordinance (Chapter 53);

"public officer" shall have the same meaning as in the Constitution;

"Secretary" means the Secretary to the Ministry of the Minister in charge of the subject of Defence and includes the Secretary to the Minister of State for Defence and any Additional Secretary to the Ministry of the Minister in charge of the subject of Defence;

"Sri Lanka" includes the territorial waters thereof;

"territorial waters" shall have the same meaning as in the Constitution;

"vessel" includes boats, canoes, raft and craft of every description.

(2) The Interpretation Ordinance (Chapter 2) shall apply to the interpretation of any emergency regulation, and of any orders or rules made thereunder, as it applies to the interpretation of an Act or Ordinance or Law.

(3) Any reference in any document or any other written law to any emergency regulation shall, unless the contrary intention appears, be construed as a reference to that regulation, as amended by any subsequent regulation made under the Public Security Ordinance.

(4) Where any emergency regulation requires or enables a period to be specified in any direction or order made under such regulation, and such direction or order does not specify any such period, such period shall be deemed to be the period during which the regulation under which such direction or order is given, or made, is deemed to be in force.

3. Save as otherwise expressly provided, the powers conferred by any emergency regulation shall be in addition to, and not in derogation of, any other rights or powers which by law are vested in or conferred on, the President or any other authority or person.

4. Any power, duty or function conferred or imposed on, or assigned to, the President by any emergency regulation may be exercised, performed or discharged by any Minister who is authorised in that behalf by the President.

5. (1) The appointment of any person as a competent authority for the purposes of any emergency regulation may be made generally for the whole of Sri Lanka or for any area or place specified in writing by which such person is appointed, and may be limited to such of those purposes as may be specified in that writing:

Provided that nothing in the preceding provisions of this paragraph shall be deemed to preclude the appointment of two or more persons to be competent authorities for any of the purposes of any regulation or for any specified area or place.

(2) Where the holder of a designated office has been appointed to be a competent authority, then, unless express provision is made to the contrary, the appointment shall be deemed to extend to the person for the time being performing the duties of the office designated.

6. Without prejudice to any special provisions contained in any emergency regulation a notice to be served on any person for the purpose of any emergency regulation may be served by sending it by post addressed to that person at his last or usual place of abode or place of business.

7. Any power conferred by any emergency regulation to make any order or rule shall be construed as including a power, exercisable in the like manner and subject to the like conditions. if any. to revoke or vary the order or rule.

8. (1) The President may, by order, appoint any person or persons by name or by office, to be the Commissioner-General or Additional- Commissioners-General of Essential Services for the whole of Sri Lanka or part thereof. It shall be the duty of the Commissioner-General or Additional Commissioners-General of Essential (2) Any police officer or any member of the armed forces shall have the right to carry into effect any order made under paragraph (1) of this regulation and to use all such force as may he necessary for that purpose.

(3) Any person detained in pursuance of an order made under paragraph (1) of this regulation shall be deemed to be in lawful custody and shall be detained in such place as may be authorised by the Secretary and in accordance with instructions issued by him, and where such person is so detained in a prison established under the Prisons Ordinance all provisions of that Ordinance and all the rules made under that Ordinance shall apply to such person as though he