281 / 494
280
and utilisation of any property in such a
manner as to promote the public
benefit……”
(B)
The Emergency Powers Act
10.16.
Section (3) of this Act makes it lawful for the Governor-General,
during a period of public emergency, to make Regulations for securing the
essentials of life to the community and to confer on persons in Her Majesty’s
service, powers and duties,
inter alia
, for the preservation of the peace and for
any other purposes essential to public safety and the life of the community.
10.17.
A consequence of the Governor-General’s Proclamation of the State
of Emergency (the period of public emergency) and the promulgation of the
Public Emergency Regulations (No.1) on 23 May 2010 was that, from that date,
some of the fundamental rights and freedoms guaranteed under Chapter III
were curtailed or suspended for the duration of the State of Emergency.
(C) Emergency Powers Regulations (No.1) 2010
10.18.
A copy of the Regulations is appended to this Report at
Appendix 16. The Regulations gave extensive powers to the security forces to
carry out a variety of activities which, but for the Regulations, might be
inconsistent with or in contravention of Chapter III rights.
10.19.
Broadly, the security forces were empowered to block roads, set up
cordons, remove vehicles, require information if they considered it “necessary or
expedient”. They had the power to prohibit assemblies if they suspected that
persons had acted or were about to act in a manner “prejudicial to the public
safety”. Curfews could be imposed where the security forces were “satisfied that
it was reasonably required in the interest of defence, public safety, public order
or public health”. The right to protection from search of the person or property
was curtailed where the Regulations authorised the security forces “to search