Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698068172542.pdf (Guyana)
Bill No.

7 of· 1966 PUBLISHED 9TH NOVEMBER, 1966 Bill No.

1 of 1966 NATIONAL SECURI1Y (�IlSCELfk,1tQ��.

PROVISIONS) BILL.

196§, ,· \i�:.

; .

·.

Arrangement of S!'J<ctions.

: ' Section.

L 2.

Short title Interpretati<;iL and c�mmencement, .·· •·· PART II - PREVENTIVE DEJ'Ll'l,'TION A.'l!

"D RESTRICTION OF MOVEl\'IR"l'.f.

of Tribunal subject to &in:ction 3. lin!te,pretation of Part II., ord�f:S'.- _ 4; Power to make -det.e-nfit_:nl_ - 5.

Plaoe and conditions of· detention.

6.

Detention 7.
6.

Detention 7.

Establishment oi Tribunal.

8.

Reference 9.

Duty aJ11d procedure 10.Report of Tribunal.

11-.

Revocation 12.Restriction · l 3.

Advisory J4.

Expiration of deterition or�r.

of movements fo Tribunal- of Tribunal.

of this Part.

tribunal.

of suSpecie{f persons.

2 PART' m -EXPWSIVES, FIREARMS, AMMUNl'.llON MID OFFENCES.

15.Interpr!!tatfon.

16.Power of eniry, seizure and arrest.

17.Power to.

direct measures to eusure safe custody of e,xplosiVtlS.

18.Appeal to _Gove:mor-General.


19.J?ower to, undertake measures to ensure safe custody of ei.

:­ plosives.

20.Offence af failure 2 L Withdrawal -of e:,,plosives from place approved by the Chmmle­ ta comply with di:rections of Cotnroissioo.er.

sioner.

22.Unlawful 23.

Power to stop and sea,:ch for firearms, possession of firearms, ammunition or explosive,.

ammunitioo., explj)sives etc.

in the street.

by court.

and disposal 24.Forlclture 25.Exercise of functions e;f Commissioner.

26.Obstruction.
26.Obstruction.

21.

Requirements by police.

oil Explosives Ordina,rice, Ca:p, 346, to be <Metved under the Emergency: Powers Regulations.

1964.

28.Directions 29.M;scellaueous amendments.

30.Power to <:>rder amnesty.

PART IV·'"-_EMERGENCY REGULATIONS.

31.Pomr to make regulations.

32.Emergency Powers Order in Council 1939 to cease to.haw eiffect.

· PART V - GENERAL.

33.Incidental 34.

Eifect police powers.

of provi.s:ion� ol this Act.

SCHEDULE- .A.. BILL ·.

·.


IntituJed <':, -,_ - AN AcT t-0 :make_: · · · · s_ecurity, provfsi¢i- JOf · Qivf:rs matters touching o:i::t national Enactod by ihe Parifam.ent.ofGuyana:� P,ART I-PRELIMINARY.

""""dtle..,.

1.

( I) This Act ;� once Provisions) Act, 1966, · may be cited as the National Security {lYfucella!Il.eous (2)The poovi,sioru -0filiis Act shall come into operatioII immedi­ l'roolamwon ately upon the proclamation No.

2 of 1%5.
2 of 1%5.

the 6th July; 1965, Provided ceasing that sectfons tm suoh day, riot b.eing priOr.

:to.the sections, 6Lenier< tll be In.

force: Opera'tian as the'.

GoVern:e'.l'r.:;.Geheral.

may; _by· order1 appoint.

3 to JI.

(iadusive) ccming-.into 0,ency p1'bli!ihed in the ,G,r.zette on of the other shall come intooperati<m ·2.
(1) In this Act, 1111less the .conte:rt otherwise requires "l\1inister;' r:..ean:s the _l\iinister for the maintena.n�e for the time beJlg ct.i.arged safety of public with r<>SpOllllSibility aJ)d public order; usection" ( 2)Reference means a �cti�n ·of this Act.
in this Act to the Commissioner, or an officer of · the Police Force, or any polit;:eman, the Conuri.issioner� ly, witbm the meamng of tbe Police Onlina.nte, 1951. or an officer1 or any-meriJJbPr shall be COJIBtrued as a reference to or.f the f'o:rce, respedive-.

l'ART ll :._ PREVENTIVE OETEN'TION AND RESTRICTION OF.MOVEMENT.

l .requires - n means any person.

who is detained under section 5; an Order made 3.In !hi.'!

.Part.
.Part.

unless the context oth&wise "Chairman" means the Chairman of the Tril>unal; ,;detainee "detention order" means "legal adviser"- or "legal_ representative" 'to any 1 _ _in relatfon person, means an.

adviser or representative of that person, respectively, or, solicitor; · Hperma:n.ent .
Ministry secretaryn means the -permanent secretary to the responsible for the inaintenance under section 4· to practice en<titl,xf order; and public means the Tribunal established "the Tribunal" by section 7. in Guyana as au ad\locate of.

public safety 4.
(1) Subject to the provisions may jf1'ower _tomab satisfied with resp€Ct to any perscu that, with a view to preventing him :'11 acting in 8:UY rrh'1Xllr�er to pu!blic defmce of Guyana, it is nece:isa,y to provide for his preventive tion1 make an order ---'- safety ,or publii> order or the deten- of section 6, the JVlinister prejudicial (a).direc.1:ing (h)stating concisely the grounds for such detentioo, so, how­ that.he be detained; aud shall ever, that no defect of any kind in such statement invali<!ate the order.
( 2)Eve,y or,:ler u;n;der subsectio11 (! )

of .

this sectioo shall come into force upon the ro.aking thereof, notice of which shall be published in fhe f',,a.zette v.it)rin seven, days aft{;.r its_ cmning into forCe.

5.

(1) Any pe�n in resp1;et of .whom a detentioo.order is in force=._ "":;.""'"
,varrant by a1rny policeman and may be detained detell""'- may fron1 tlm" be deemed to be in lawful ma,y he arrested without in such· place and under such conditions and shall, to time direct, custody; of this section, shall have effect as jf tM words "O!tr any criminal deleted sectioo 342 of the Criminal Law (Offences) Ordlaance a.,,.

"'­ while 00 deta,ned to.

custody which ss <reemed lawful by virtue and, in relati{)n as _the Minister- charge".

had been therefrom.
had been therefrom.

(2)Ail .soon .as practicable order, sua,nce c,f a detention the permanent secretary and he shall be informed without instruct muniratiOO with such.

adviser- person.

:_ or b-y his legal representative, ·shall of his right, det,y a legal ad'vi..ser a{ter any; p,ir,on is arrested .the halild c,f .on such person .a .

6:,py tt,ereof .

certified )l!llde.r •l_,e served.by a_p!>licemim in; pur­ .
af his· i:>'wn ""'fl"IlSe, to retain 3JlJld of his (!V,11 chwoe and to hold oom­ ,,· to _pre-sent a1td, ·in ··due.t:Ocirs·e b<;<fore the Tdbunal, to the generality ( 1) cir-this ;!ei:;tion, tbe Minister af the ,powers rnnferred may give IDS e&.<e_, ID· (3)Without prejudice on the Mi�ister subsection diections - {a)as.

to ·the miern�i nectiOO with.

section; tnanage"m·Cnt a,ny sue.� Plaoe as mel),tiooed in coo­ ,of and othenvise in .
that suib- (b)asto the maintenance, disdplin� and punishment for ·· · · where i}ri!aches ( c) in wrlt.ing of dlsciplIDe authorising of de_t;amees; 6f ,;, detainee to any place t\ie taking pre;;ence: is.· sti,tisfi-e<J_·· .hi� _ or for the purpose ,ryj' any public i,n or is required the Minister.· , the inter.esls of justice, other intjuiry o!

the detainee; · · · · the .pUiblic ·or .in·_ interest, or; _i'h-the tnterests ( d)as t-0 the keeomg df a detainee in cµstody (which srial!
· , deemed lav.1ut) duri_ng b\$ al;>sence pursuant to paragraph be of tbis subsection ·.f:rom !

:he usual place of his deten­ ( c y tion,· 6.

(1) Nothing in this Part shall authorise t!ie detcn.tion.c,f a persoo_ Ix� '"""''" to for a \@ger period than three.

months umJess the Tnbumal ha$ rep<>rted .

· h th .

.

oonction of .

-Of tpree _.mon _,,s t a� ere 1s, :m TtiburulL th bef.c}re ·:its of the said p_enod, cau$e.

for su_c:h d_et_en;fio�.

the expiration vpjn:'.

'.1n1 ::m-fiident .
, 4 ( 2)The �ferences in subsection of three mooths mclude references sto any .lesser the aggregate · Provided that no two such lesser purpose if the period between the expiration of the first a:nd the com­ mencement of the second is more than one mOnth� ( 1) of tins secti<!Il to a period periods that amol!11t in periods shillI .be aggregated for this to three months: ( 3)A person ·who has been detained by virtue from detention that there is, in its opiIDon, of the provisions in oonsequence of in.sufficient ca�e of the Tribunal of this Part and who has been releas.ed a report- for his detention within the period he was originally detained.
shall not be again detained.

by vartue of such provisions of six montlls from his release m the same grounds as of subsection ( 3) of this sectkm a person ( 4)For the purposes shall be deemed to have cbeen detained originally detained unless the Tribunal thereunto to be new and reasonable any sutll report section (1) of this section).
that, in its opinion, grounds shall be without prejudice by the Minister, on the same grounds as he was has reported, on a 5Ubmission there al'flear, prima facie, for foe detention (but the giving of of sub­ to the provisions 7.

(1) For the purposes a Tribimal.


by esta!hlished of section 6 there shall be and there is here­ ( 2)The Tribunal shall consist of a chairman and two other mem­ bers who shall be appointed by the Chancellc,r are Judges of the Supreme Court Of Judicature be appointed as Puisne Judges of the High Court.

froni amMg persons who or who acre qualified to ( 3)The Minister, .after conS)lltation Service with the Chairman of the Commission, to perform may.
designate to the Triburuil and may revoke any such any public offi,:er Public the.

functions of secretary designation.

(4)The TribunaJ may, with the approval .of the Chancellor, make rules for the purpose ·to the provisions own procedure.

·of the discharge of this Part and am.y sucli rules, and, subject its may re,,uulate of its functions 8.
(1) In relation to every deteo,tion order, the Mirnister shall, wit� of seven days COill)llCUClllg with the day OJJ Which the deten­ in a period tion order was made, cause to he sirhmitted upon which the order,µa; been made &nd such other particulars a bearing on the necessity regard being had to the.

public interest.

(2) It shall be the.

duty of the recretary to the Tribunal to fur­ su'J:>.
ir,, support of the grounds and wath sucll niOti<OB of the time and place Of for -the order as the Minister with such particulars t-0, the Tri!
:mnal having fit, due thinks the grounds nish the detainee mitted as aforesaid, conm1encemwt STobsection enable.the Tribunal ,ent, in person ( 1) of 5ection detainee of proceedings shaTI accordingly befo,e the Tribunal 9, as the Tribunal considers w present his case against the detention, for the purposes of to which the afford hlm a t'e;asonable apporttinity to pre­ sufficient or by legal representative.

at soch proceetiin,,"'1.

Duty and pro- 9.


(1) As soon a.s pi;octirable after there have been to submitted � ... "' the Tribunal under subsection ( l) of section 8 the ground'!

upon, which than thrre months and, in any case, not later.
any person is detained from tue pme when the perfod for the puqX)Bes of the provi.sio 6, the Tril:mnal shafl consider opinion there i5 5:Ufficient (2) For tlie purposes ,during which he is detained OOOllllenced ns of subsections and report to the Mmister whether in its ( 1) and ( 2) -0f section cause foc such detentiqn.

bune!

may, U the Tribunal (a)hear any person (I) of this sectic,::.

of subsection ·wn,siders fr relevant· t;:, mal,e before having any communication the Tri­ --- the Tribµrral; · · .
· (b)put wey questio:n to any person before the Trib1llllal; to .submit (c)invite {d) ha,e regard to anything submitted, information; presented or oom­ the Minist<:r further munfoated .

( 3) The Tribunal to rhe Tri):,uual shall, be held for t�e · purposes of suhs<ietion (.1) uf this section, exclude _ detainee, wh not bemg the person o shall be p_rese:nt at the p;oceedings, .

_ of the detainee or a polie,"'!nan his legal reoresentat1ve as hereinbefore mentioned.
it as shall before from such proceedings hav1ug custody any or s or a. person performing the functions of see:eta,y to the :rri.

'bru; al or or being heard undcr·paragraph at the Minister's woom the Tribunal, proceedings: Provided that -- (a) of subsection (2) of this section to attend such request, permits (a)the.

Tribunal may exclude the detainee .

ceedings in the �vent of his miscon�ucting iuterruptbg preseri.ce (b)a,1y ,;o.ch himself ?Y 5?

.

m his impracticable.


;· and proceedings may them as to render t;beir oontrnuance b7 held i!'

(he detainee's from the said pm­ · absence 1t IS unreasonable to re­ illness or for if, in the opinion, quire his presence thereat on account of his.._ any other cause.

of the Tribunal, · !0.

(1) The report of the Tribunal _shaff ?�ecify iri a .

thereof its· opinfun whi;ther or not there 1s sufficient �art �� separate !

'.

caus'e .1or the <ft:�.en­ whom the order _was made.
and the -lvl1msier tion ·Of the person agitinst shall cause a copy of that part of the report to he delivered the detainee but the· remainder person, otli€:i than the l\1i.n:ister, (2)Where there is a difference t<> shall not be disclosed to any by him.

thereof save a3 may be authorised of opinion the opinion of Ll:te majority am-Ol!lg the members of members of the Tribunal_ as to ruay matter, shall be deemed n:,, be the opinion of the Tribunal.
� a1 11.The Minister may (without prejudice under .this Act by virtue of Z 1 of the _Interpte�tion to the gcoorality (a) of suh-cleren­ a det.en ... ;; �\.

and slra!I do ·so if ·its.contitmanre .In_ force would � parngra;,h rev-0ke _Ordinance) a of Remc,1.iou o< be inconsisi-ent_ with any �f � pr,q-.'lsioris.

reports fuat1 in its ··_opinion., of· sOCtien-6 or there is-ni;>:t sufficient any pmvers ronforred sectiOn ( 1) oi E:ection tion order a:t anYitLtri£ thenceforth.
if __ the T!ibu:na.1 sooner cau,re · for such d,tentioii.

12.

(1) The Minister may, i1 satisfied :_(1) of section (whether· the Tribl,100] has_ givfn any' teport with SubsecHori ing 1rim from actintin-any_manner order -�r t.lie defence .for all-or any of -the following (a)for Se<:tiring pfe]udicial it "is n�qessary · that is to say - pi,!r'prises; _of Guy_ar..a, that, except with respect to any per5on in his 'favour in acc'ndance �=�!

:$ or Re.-i,i""';' ut 10 or·not) that1 \Yith.


a view to µre'vent- peroons.. ·t:o public safety or public so to do} mak-e an order in SD far as he may be permitted or person as may be in the' order, that person_ shalL not be in any by.

th-e .order, ·or .by sti-eh specified .

-such _area in - Guyam a as may be so·· specified: him to notify his movements, auth,'.

}r:it-_f (b)for requiring in such manner, at such timES and to Such authodty_ specified in the order.
or person as may b<> (2)Every or;ier ,nade under subsection (l) of this section in relation to any person shall come· _into force - (a)t>pon the ,ervice certified on him by a policeinan of a copy thereof (b)upon its publication under the hand of the perman"eTht secretary; or in the Gazette, which shall be e!fected Virithin �even day� from the-.

.

Si'.J0.:.7'e!

•· 'makin.g thereof1 whichevf-1' i; ( J)If any ·irer:3on iS secti0n df sqch an ord:1'!
th7n, wi�hout made _under this the_ �equir�-rmt.� ceed1:ogs area by any po1kenmn� .

( 4} If ari)1 pers,erti _:c:i.ritravene5 1 o.z 'fails made under this section he shall be guilty in any area in Contravention With arm in aconrdar;ee to leave aLl-V of an _ ord� prrejUdke to any pro­ .whlcli '.l!

!aY be taken agamst him; he may ·be rernrwed from that or fails to compl'V with anv c0rde1 of an oHence and smi:n - i Uah1e t<:, a· fine oot exceedbt {a) (El .su:-�ma;r -y co,n:victio:r:t 1 t fivf.
; hundred i:ioUars· or t,o imprisonment' exceeding ment; or six months ·or to both secb.

fi-iue ar.,d: fonpriS0n­ for a t-t:Tm not {b) on convi.Cti0n on indktment be fl8b1e mg two thousand five hund� doll�.

fur a term not exceeding tWI() years: and imprisonmr,nt.

to a· fine not exceed­ or to imprisonment 9r to 00th such fine .

l;l-(1) For t.h,;purposes of para/!ifl.l[>h (4) of article 14 of the Con- MvJ,ozy the.
::-e shall be and faere is hereby established consisting -stJtution, tribunal among' the persons enititled to praictise sn'hlcitor:;, after -cc111sultation and �wo· other members appointed with the Chancellor.
by the Chancellor in Guyana as adv;;·ca.te: of a chairman appointed an advi$0rv from ·by· the· P;ime _"1.ini5t�; trib!lr.�-- nr 6 ( 2)Wbere any person is the subject of an order made under sec­ tion 12, his case shall he reviewed by the advisory .tlrib,mal not later than throo months from the making of suoh order a.ru:I .thereafter six mootl>S from the date on which his case was said.

not rater than last reviewed as afore.. (3)If "'"'Y person is detained Wtder.
section 5, his case shall be by the advisory tribunal not later than six month., from the reviewed da\e of any report romposed 10 rur_d opining that there is sufficient after not later than six months from· the date on which hls "?

:"eviei.ved in acoordaoce with Sllibsection and there.

cause for such detentioo, case was last as aforesaid.
(1) of section ( 4) On any review by the advisory tribunal in pursuance of sub­ section (2) or (3) of this section of tlte �<e of any perscm such tn"bunal may make re'commendations continuing who shall not, 1:lowever, be ister: such rocornrnendati-0n.
· ( li) The advisory o,r detention, obliged tribun,al may, with the approval of the Chana concerning the necessity a..s the case may be, to the Min­ the'resttiction with· any accardla.oce ro act in or expe;lience of mies for the IJUrJJ')Se oif the rusdrarge ·Of it5 iunctions and, cellm, make 'O'\Vlnl _ procedure.

subject thereto, may regulate ·its fupiration ,')f 1h1'1 Part, 14.
(1) No provisions .of this Part shall be in force alter the expir­ eighteen months commencing with the date of its ation of a period of enactment: Provided that the ped<Jd may from time to.

time be exteooed by resolution.

ofthe.1-,ational Ass\"ffibly passed - (a) within the eighteen mouths commendng as aforesaid; or ( b)in the· eve11t .

· :l;>]ved wi,der tmsion effecteq,by that.

the :period shall not pe extended having hee11 re­ during.

the currency of 'ahy ·extem1on 1this proviso,· of the e.,- .

the.
the.

preoedlng resolution in for more than · one previously that behalf, time� _-_ 0-.

• so, however, year at a .

of this SllCtion shall.

such pi-ovision;;, shall remair"--in ( 2) The expiry <>f amiy provision of th.is not prejudice the validity of Pa�t uru:1,,r subsecti,on .

( 1) under anything done _, _ .- _ • _" • • 'so1 ·however� -�hat no fiorce ·after such expiry.

.

order Or._rules niade thereunder PART m ,;_ EXl.


'LOSJVES,, FIREAmrs, AMMUNITION A.l'li'D OFFENCES 1 5, In this Pa,it, u,cr.less the · ocmtext.

· otherwise requires :--- .

"ammll.lDition') mearis - (a:) ammunition of any kind (b)ever.1 shell, cartridge case, bomb, hand for any firearm.

; .

grenade, hullet, ny explosive and whether i,ntended to be dis­ chemir,1I or like missile, whether conta.i,nfog a gas or or not, charged from or by any.

gun or l��i.ng ir:IStnunent or mechanism or niot wrnch can .
be used only fot the purpose of e;;:tinl!Ilislrin fires · ' part oi any such shell,.

cartridge case, bmt!h, ( c) every propelling or - re­ i except -missiles -· t ·othCr- or · · hand g grenao'e, bullet or rase, bomb, li been c�mpletely ( d)every.

fuse, pem1SSion for the pr,,pared hand <;renade, hullet or dip : miS:sile, whether such shell, missile �nd grena1e, bullet or may lsave cartridge formed at any time· or· not; .

purpose of cap,:.
purpose of cap,:.

or: priming rap, ad,ipted or exploding other projectile; any shell, homb, ( e)every b11ll rn an.r explosive When oo,dosed _ in -any caSe et clip or cartridge parnd so as to form a cartridge, or -contrivance charge or adapted or pre complete round for any firearm or any othe' weapon, or to form any tulbe for firing detonator; _singly.

or in suitable .

with, a.

mis!

:ille; everything ammunition; explosives, or to .


which can be used ( whether t<'l be declared by order of the Minister combination.i) or a projectile, fo,m.

a as, dr in· eonnection Happ- roved magazine 1 inea:ru;; · a.ny pltace or premises approved· by the for facilities and conditiqn, adequate Commissioner as providing frie storag� · of explosives; uexpl-Osive'-· Ordbance: bas the.
meaTiing assigned by section 2 of the Explo&ive3 .7 "firearm" has the meaning assigned by section 2 of the Firearms Ordinance.

Cap.. 345.

16.

(1) A policeman by such persons as he thinks fit, may, without warrant - oot below the rank of inspector, '1COOIJ1palliel:II'"""' "' ';!P'� · (a)euter, 1=:tine and.
search any premises or place · for the purpose of ascertaining· me?Lts of pllblic (i)·ther� 5afety pursuant or order whether are iu such premises to the reasonable reqmre- or pla,:;, any firewrms, ammunftion·or �xpiosiv-es·; (ii)any plane •or premises in.
which any firearm, ammun­ tfon · or .C'_;xplo'-sive is kept or stored is -or are ade­ quate to ensure its safe cusl9dy and whether .the conditions under wbicll it is kept or stoned are ade- quate for that p41rpose; (b)seiu .and detain any firearms, ammunition or ecsplosives found therein .in respect of or in ronnectio.n has reasonable cial to putblk committed'.
grounds for suspecting order or safety has been or is about to k with which he an offence prejudi­ (2} Any power exercisa,ble by a policeman not .below the rank of .

inspector in respect of any place or premises under Subsection: ( l) .

of this section may be exe_"Cised chll:rge of the j)Olice station nearest to such place or premises.

by a Policeman below that rank if he is in· 17.

(1) If it appea--s to the CO>lllmissiooer that any explosives are� t-0.

in-writing ·in his possession.


or .place, or ·untler conditions kept or stored in any_ premi�es to ensure 't;heir safe cu·stodY; he ·my, by ootiCe person having sllch.-explosives: his cori.trol in his custody, direct such person to take such measures as in the opinior.

of the Conunissioner cm;tody; clirocfion and without prejudice to the generality of the foregoiq,g ·given under this section may ID particular - (a) requ;""'Xl the removal of.
all or part of the expl<J\Sives kept · magazine; or stored in any premises or place to an approved -01 a magazine for any such ex- as he may With such specifikations (b).requlre the constructioo in accoFd_a.nce or e:xpedient to ensure their safe · any are !

!ecessary �r __ u'µder: _,.

ina4equate served 't1pon any� sa:-­ � t<;> · or axptQSiwia.

plosive$ notify-; (c)-1:�uir€' .

premises ( d) SJ,lecify· alteratkms .Sttructur,a.J or.place .the max:imum quarutily .

-at any time .
-at any time .

may ·be .kept Or· stroed_ place; · '.

,or-i.reprovetnt:nts to the in wbich the explosives are kept or stored.

of any expfosives wbicl!

in ,the premises or (e)requir-e guards to he empbyed; (i)requi,e the person to whom the diret:tions are given to hy the Cmnmissiooer of guards rn of any security rrreasure shall, without pre permit .

the stationing the taking by the· Commissioner.

and to beat the cnst thi,reof, which judji;e to; any liability be recqver'-1'h}e .were _a: Qebt.
·5�ing· 1tt the suit of the CoomriseJioner as if it to hi-:rn and· c�mtracted <!I that person under section 20, by such pirson.

·(t} A notice under this section m.i.y be derved (a)by deliV'ering (b)by leaving it 1-0 the pers,m; it at or by serulhg it by registered post to �be usual or last ·known residence of that person.

or place of busLDes:."


( 3)The · Cou,mis.s1oner may, .without· giving ""1Y directions remove to an approved maga.zine In ,order under any (_l} _of this section·, Subsection explosives if he is satisfied it i5 essential sectLrity; m.-..nner as is specified lu para.graph able from any person to whom the Contmissfon:er any directfrm that they be removed and the cost of ,removing to· s.ecure forthwith in :"hat -behalf under the said su6section.
any sllch ezplO<live's shal1 in like (i) of that subsection, theit safe custodv, to a place oi great�.

might have : :given be recover­ ·that, 8 18_(1) Any perS(}n on whom a notice is served under section 17 of this Act may appeal to the Govern:or-General con1a.ined in the notice, section 17 may likewise suant to that subsection; livered to the secretary seven days a!toc the day on removal effected.

&nd .any person mentioned in ,mbsection (3) of appeal again;; t the rem.
:wal ,of explosives and any such a.ppeal shall be by of the Governor-General which such notice .was served or such to the flffice again.St any direction within petition de­ pur­ ( 2) The Governor.General cancel any direction given by the Commissioner appeal order the return section 17. or in respect of which an and he shall have pmrer to of .explosives removed pursuant is duly submitted under shall have power to confirm, vary this section; oo su�ction ( 3) of ( 3)The decision be.
served on the appellant in like manner ;as is prescribed by subsection (2) of section H for the service of notices.

on such appea l shall P-O'We.r to undertakl!

measures to =esate custody of ex!)lorlves.

19.


The C'.ornru sslooer may, at the request of any person having or under conditions: in his pOOseSSi<>n or under his control or in his cristody explosives whlch., in the opinioil1 of ,the Commissioner, are kept or stored or place, take, bn behalf of and at the than stmctural magazine, e:>sure inadequate coot of that person such measures, other alterations or improvemer,ts opinion are or the OOD;,SlrUction of a ,necessary Or ·expedient-to .. to ensure fhe.
iT 5afe custody, as in the Commissioner's the safe custody of the expl.osives.

m a,iy premises· g:,ence i°' 10.

(1) Subject to the provisions of subirectioil (2) of =: "'.
who fails �fy � any person on whom a notice to oornply with any direction given therein ;,hall be guilty of this Act alld is served under sectiOn 17 of this section an offeoce and shall be liahle on summary conviction ceeding five hundred dollars or to imprisonment one year or to both suc.h fine and imprisonment; ( 2) No person shall be to a fine not �e<­ for a· term not e,o:;eeding of this-section -- (a)solely by re"1lon of his failing to comply with any such as aforesaid-, direction suance of para:graph if he removes the explosives (a) of su�section (I) of to fill approved magazine; other th&1 a requlretnenL section in pur­ 17, ( b)if he authorises the Commissioner to do anything required guilty of an offence under subsection ( 1) · to he done by sucli is empowered tM oost thereof.
(3)No prosecution shall be institi;ted until the expiration to do under secticm direction Md which the Ct>mmissioner · 19 and undertakes .

to pay for an offence under tlris section appealing that the prosecution such appeal.

to the Governor-General; was thereafter and it shall be a defence .to prnve instituted during the pendency of of the period prescribed by section 18 for ( 4)Any pooceman may .seize or under the contro1 of and detaiµ.
any explosives in the Or in th_e custody (fl any person whom possession he ha.s reason to suspect has committed an offen.ce in connection under this 3t:Ction.

therewith ( 5) In this section referen�es construed under soction 1 7 shall be the C,ovemor-Genetal ences 'to the directions pursuant ·as so varied.

( 6)Where a person rnmricted is a-body corporate, to.

directions given in the event of their being varied served bY in a notice fo an appeal under.
section 18 as refer­ under subsection ( J ) of an offenr,e every person who wa.

;;;-a director-.

of that offence or shall be deemed to be gnilw was romrr,itted without his knowledge the commission of the to prevent .

that the offence of this section cf the body corporate offker u:ckss he proves or.

that he exercised offence_ a1J due diligence ' .

.

With,.._, o< 21.
.

With,.._, o< 21.

( 1) Where any person removes 17 any· explosives =�'i:e given under section � 1,y '1.bc Comm.lb� ,,wa:r. �ection any exp1osives; ( 3) m the person entitled are so remm':Cd.

by the Commissioner section 17 or tn-.section 19, there may.

be withdrawn by pursuant to sub-· in that.

bebal>f such quantities as the .

of the explosives in consequence of any direction to an.
approved magazine or where 9 purposes C�aner is satisfied are required for immediate business ·and any such withdra"(ltl shall be at such time and subject to such oonr ditioos as to their safe custody as the Commissioner may determine.

{2) An "{)peal by petition delivered to tl)e secretary to the office shall lie again.st any decision of the Commis­ of the Governor-General sioner under this section to the Governor-General to �onfirm or vary the saine; and subsection to the decision secti011.
under that on any such appeal as it applies to a decision ( 3) of section 18 shall apply who shall have power · '22.

( l) Subject to the provisions of section 30, any person who, �;::�"'.!

:, the burden of proof of which shall lie npon or fue­ -or has in his possession any fireann1 ammunition :i=:C8, lawful autho�ity, shall be guilty cl ap offence without him1 purchases; acquires or explosive con'1iction ment for a term not exceeding three years or to both such fine and imprisonn1en: for life.
and, on conviCtion to a fine not exceeding one thousand dollars or to imprison- on indictment.

to imprlso-nr:oont and shall he li,,;ble on surnma.ry (2) Any person who col'.l.

'lorts with or is foun<l in the company of or explosiye lawful authority, jn circumstances has in his possession any which raise a reason­ that be intends or i$ about to act or has.
recently acted person who, without ano'ther 1 ammunition firearm' able presumption with su,oh oilier person shall be guilty safety, vici.icYa to a fine ruot exceeding on� thou·san:d dollars for a term not e;rce,ding three years or to both such fme and i;nprison­ meut a:r::td7 on conviction on indictment, .e.1:ceed!ng' in a manner prejudicial of an offence and Shall be Hable on smnmary con­ to imprisonment or to imprisonment order or public to public for a term not ten years.
who i-; guilty of au offence under tp..is section· (3)Any pe:'9'_'ln convktion -on sumrnarv whlpping or conviction in Feu Df or in addition o; fl-0gging on indictment.

be seutenced may, tf) to imprisonment.

under this section - (4)In any p1'osecuti,o;:n for an.
offence (a} aiiy person ,1,'110 is prnved to have had i::1 his 1,10ssession ur._<ler his control \Vhatsoever anything found any fireann1 ammunition or explbSive- oontrary of s-lich_fin�arm, (b)w hece it is established is proved, be deemed to have be,,n in possession in or on which is sha11) untjl L¾e ammunition or .e.�Iosive; to the satisfaction <>f the magis­ or trate ·or the judge tihat a person accused under subsection ( 2) of this section was consorting of any person who had iu his possession any firearm, it shall be presumed, until 'the annnunition or e.�plosive, is proved, that sucli· last,mentioned contrary person had lawful authority.
the same in his possession without wi!h or in the company ($) In .this section: "firearm respectively, Fireamis Ordinance.

any firearm or ammunition » or "ammunition))' does not include1 exempted by section 31 of the 23.

('.1) Subject to the provisions of' subsection (3) of this section, P= to - it shall be lawful for any policeman he finds in any street having any fitearrp.

to section 22 or of having offence prejudid.ar (2)A policeman or other public 1 ammnnition committed to public safety or order.
or explosive or being to stop and search any persor whom::'�..;,':' of �"';J.

"­ place Wld reasonwhly su.<pects t_ street, -contr·ary in bis possession abouHo commit any other acting under subsection seize and detain any firearm, ammunition, explosive found in the �on's po38Cssion, custody which or in cOnnection suspectiilg to be committed.

or.
or.

other-artide and in respect of for grounds with wlrich he bas reasonable to :in that subsection any offence referred has been or is about (1) of this s,ction may or control (,3) Wllenever a female iJt searched under the said subsectic,n, the sea.rob shall 'be made by another female.

24.

..-.
Any article in_ the foregoing ·without apparent owner) may be retained piovisions · fou:nrl foc as long as is-necessary for seized and detained by a policeman of this Part, or any exp1rosiv-e as mentioned F;(Xtfeiture and by him � at hr , IO the purpose of any examination, ceedings; proceedings, direct such firearm, ammunition or explosive to be forfeited or otherwise disposed of as he 00tl5iders and· a judge or magistrate or legal pro­ made in S'Uch may, upon application investigatioos, inquiries just.
�m � 25.

The fooctions of the Commissioner und� this P� � y be �"""'- exercised by any officer of the fulit:e Force authorised by him m that behalf.

-­of fuplosiv-es /W!n,ru;e, Cap.

346, to be ·observed by J;IOllca.

26.

Any person who reSisf.s or oibstrucls any poli� acting in pursuant of this Part, or who resists or obstructs the execution of any provisions any person acoompall(Ylllg any suoh policeman acting liable on summary conviction dollars or to imprisonment such fine and irn!Priso::JJrnent.
16, shall � guilty of an of!

'ence .

for a term not exceeding one year, or to both to a fine not exceeding five hundred when such policeman is and shall be _ to section Ordinance of any provisions 27.
Any explosive seized, detained or removed by a policeman of this Act shalL so far as practirable, in the execution of the Ex­ be kept and conveyed in conformity with the provisions in so far as they are inoonsistent w:ith the olooives with proper precautions to prevent acci� ":; provigjons but the policeman shall not incur a:rnv liability s:ald are taken.
keeping or conveymg 1t removing, under or hy virtue of the in that connection as aforesaid ) provided that such precautions ( except of this Act)_and seizing, detaining, or� otherwise Ordinance 28.
Any direction given by the Commissioner � &nerS00:, 49-C of the Emergency Pmvers Regulations, =': � immediately shall continue under section have been giv,en in force and shall have effect as if it were a direction 17 and, for the purposes of section to have effect given 18, shall be deemed to before the day on which that regulation ceases 1964, which is in fo:rce � that day.

under regulation Miscellanimus Aa.n:endruents.

Schedule.

29.
Schedule.

29.

( I) The Ordinances and other laws referred schedule of t.l:te in the second column (2)The word to this Aci an, hereby am.ended of that schedule.
"MiT1ister" i_n -�ouncil", l•Govemor is hereby substituted i' and "Chief Secretary:' for the expressions wherever they appear in the provisions and in­ of the Ordi:uaoces· aforesaid "'Governor respectiVely struments thereunder having the force of law: to in the first colmnn in the manner specified Provided that the foregoing - i1 when: appearing fa the expression apply to the expression (a)t'C'-.overnor shall not pro,1sions of this sirbsection "Govern or_ 7 of tbe Fire­ and Legislative arms Reg-.itations; COus1dI'' or or in reguiaticn (b)"Govennor section of the Firearms in Conncil" in subsection (SJ of section 17, sub­ ( 9) of sec ti cm 18 or subsectioll ( 3) of section 3 6 Ordimmce.
/_ (3)The Firearms Ordinance ,hall be construed as if the liability Cw.

346.. S'cheduie.

and is imposed by that Ordinaru:e upon every person who commits sununa.rily convicted of an offence thereunder, under not being an offence subsection ing five -hundred dollars or to imprisonment twelve months or to both such fine and imprisonment.
(4)" Anything lawfully done ooder subsection were liability (4) of section to a fioo not exceed­ for a tem1 no,t exceeding 25 thereof, of the Explosiv,es Ordinance m the schedule sectio'1l (2) af this section, for any such amendment, confomrity with such amendment.

hereto; (l) of section 18 prior to the amendment thereof as specified by sub­ or under any law prior to its amendment but to have effect to have effec t as if so done in and which wo11ld shall continue continue Power 00 order am:o.e$ty.

Cap.
Cap.

345. ar � 30.

N • · · h d any penod presrnbed • 2. operso� w o su1;en ers any firearm1 ammunition or ex� , an o er- under the Fire- acquiring or plcs,ve during .

W.ISe m accor al:l'(:€ ,nth such order, ghall he___prosecuted d s ,?-dinance p�rchasing, po�ses.,mg such surrender 22 �o: illegally ammumtiou or explos1'.ry; by order of the ;\flnister d th prior to the time of �r _sectiaru such firearm, or at thijt time.

11 PART IV - EMERG�NCY REGULATIONS 31.


(1) During any period referred 16 of the Constitution of Guyana (which to periods Oif war, threatened subversion Governor-General any situation for the with that situation.

may, due reg;wd ,being had to the ciocumstance.s .

and other emergency) the arist.ng or existing during sucli period, make regulations of to in paragraph (1) of article=,:.. .

Jatioml.
Jatioml.

makes provision with reference purpose oi dealing (2) Without prejudice (1), such regulations section any of the following matters, to the generality of the provisions-of sub­ may make provision with respect to allot that is oo say the control and suppression photographs.
of publications, and J communications (a)censorship, and ·writings means of communication; J maps 7 plans, (b)arrest and detention of persons, and the exdusion and deportation of persons of the harbours, from Guyana; ( e)control ports and territarial waters of Gnyana, and the movements of vessels; ( d)tramportation the transport of persons and things; by land, afr or water, and the control of ( e)tradrng, ture; exportation, importation, productio,n and manufac­ (f)the taking posses,sion and disposal of amiy property which, in any such circumstances ceding the health of human being& animals or plants; are as mentioned is in a dangCr,ous state or injurious t-0 sub5ection, in the pre� (g)amending any Jaw, suspending with or without modification any law, other the operatim ot any law, and applying than the Guyana Independence Order I 9 66; (h)authorising the search of persons and premise'l and the seizure of anything necessary for the purp(Y'� of any tion, trial or inquiry; and its detention for _so kmg as may be exa-::nin�tion } investiga,.. (i)empowering such authorities fied in the regulations make_ or issue notices,, documents for tbe purposes to make orders and rules and to licences, permits or other of the regulations; ] certificates or persoos as m.,,y ,be speci­ (j)charging, in respect of the grant or issue of any licence, permit, certificate the regulations regulations; or other document for the purposes of such ,fees as may be prescribed by the (k)the appropriation, or the taking of possession or control,
 and the use by or on behalf of the Government of anv property or undertaking: Provided that any regulations made under this para­ graph which make provision possession of, or the compulooty in or right O'V'.er, property of any description shall - for the compulsory acquisition of any interest takrng (i)to any extent the pnrpose of conformity Constitution ment of adequate to do for to whkh it is necessary so with article 8 o:f the the prompt pay­ in that behalf; cQmpensation of 1Guyana,, require (ii)give
 t-0 any person claiming any such compensa­ a rigbt of access, either directly tion as aforesaid or by way of appeal, interest amount of persons to do work or render services; for the determinati on of his and the to the Higb Court; such compensatiam in or right over the property (1)requiring (m)the payment of rem1>11eration and the detennination to persons affected by the of such remuneration· ' regulations and - (n)the _apprehension, agrunst the regulations Guyana, penalty including the forfeiture for such offenre, trial and punishment or against Qf persons any law in force in of any property by way of offending .
, ,i 12 and any ,:eguill.tions made u,nder may contain such incidental .garded necessary or expedient for the purposes and supplementary provisions of the regulations.

(3).

.<\!l>y such regulations as are in force at the expiration of the the foregoing provisions of this section as are re­ period during which they were made as mentioned in 5Ubsection revoked thls section Governor-Oeneral.

shall cease to have effect as if thereupon ( 1) of by the :::'.
:=:"o� 32.The Emergency Powerg Order in Council 1939 and any Order on or after the dale of the amending the same shall not have effect ln Com,cil :!39 � :_ coming into operation of the provisions of this Act, other tharu the provisions of sections 3 to 11 (inclusive).

PART V-GL�RAL.

iincldolrt"1 - -.


powers conferred may, for the purpose rn the exercise of any upon him 'by any pmwlons of this Act, take all such 33.Any policeman · including vhe u.se, measures as are rea.sonably ance, of force to any extent which is rna.sonably circumstances.

req1tlred, with any assist­ in the justifiable 34.

(1) Subject to.
(1) Subject to.

the provisions (2) of this section, by this Act shall 6e in addition 'to, and not in of subsection the powers conferred derogation of, any powers conferred by any other law.

(2)In case of any C()nflicf between any provisions having the force of la]V !hereunder, of any in,4:rumen.t kw save the Guyana Independence law could have been varied or suspended under paragraph section (2) of section 31 by such provisions in so far as it conflicts or not), that other law shall,, be of no effect.
Order 1966 (whether the other of this Act, oi­ and any other (g) of sub­ with the said provisions, SCHEDULE Section 29 Law The Frream:is Ordi­ nance (a)Substitute for the definition of AmeutJm,ent "ammunition/' '"ammunition", in section 2 the following - except where otherwise expressly I has the meaming assigned provided, section 15 of the National Security laneous prohibited thereto by (1>fiscel­ Act, 1966; and includes ammunition'.

Pr0visions) ( b)Insert the words .


", and anything else declared by order of the Minister to be a fueann" after the­ of "fue­ words "the weapon" i:u the definition armn in section 2.

( c)Insert after the definition of, ''firearms dealer" in­ section 2 the following ' "the Minister" being charged tenance of public safety deifinition - means the Minister with responsibility fl)[ the time for the main­ and public order;'.

( d)Substitute in sectioa 17 ( 4) .


the word "area" for the word ·"county" (e)Insert the words ", or for any reason cannot be· permitted to have in his Possession safety or to the peace sucl:t fire� to the public · after the as may be induded in the, licence" words "such a fuearm"in secti0n 18(8) (a).
without danoer­ (f)Insert the words "de.lays, without reasonable �xcuse \the pro_of whereof shall lie upon him), ,n so domg or, m any case," immediately the word "fllliS" m section 18 (10), 25 ( 4) and' 40(2-) \o).

before (g)Delete the pro,iso to section 18(10).


• J..aw'., 13 Amendment (h)Subs,t_itute_ the words "there shall be prod upon cases of loss or of firearms anc\, in of firearm licences for their replace­ the ,1censmg destruction ment snoh fees absence ;onows an respect 1s to say" for be payable in respect of a licence" in section 19(1).
as may be prescribed or, in the fees payable as of all firearms cOlllcerned, that' the words " the followin"' fee shall each firearm �eluded in: _of any such pre,;cription, (i)Delete the words "On the grant of a fireann in section wherever they appear 19 (1) licence" (a)and (b).

(j)Substitute public" in, section 21 (a).

the word "that" for, the words "the (k)Substitute in section 24(2).
d1e word "forty" for the word "twenty" (l)Delete the first pr0viso to section 24 (2) and thee word "further" in tbe remaining proviso thereto.

( m)Substitule tbe word "twenty" for the word "five'" in section 25(2) (e).
(n)Substitute following --- for subsection ( 4) of section 33 the paragraph (b) 25, that the Minister incident to (l") of section of public (2) of section that it is necessary so to do in " ( 4) It sh<Ill be a condition the grant of any application made under which is subsection 24, or of subsection may, if satisfied the interests given to the applicant registered firearms dealer,.
any firea..=s or ammunition government gunpowder of safe of the carrying on of businel'ls as a registered the sale of firearms and suspension.

further firearms dealer or by him, or both.

such deposit until such order is revoked by a magazine or other place­ custody, or tne suspension order or safoty, at any time while he is a f notice given as aforesaid."
o order the deposit in his possessioo in a by notice for .subsection (l) of sectiOill 34 the ( o)Substitute - follo,ving " ( 1) Nothing in thfa Ordinance for by subsections of eighteen as a firearms 20, no person Df any dealer and, ( 6) shall sell, let firearm or am­ shall e.narble any person under rlle age years to become licensed for the first time in respect of any firearm or registered save in any case provided and (7) of section on hire or give poosession munition the foregbing be neither fircam1s dealer and in thereof Mr a registered no case .shall of mb­ anytliing in the provisions sections (3), (4), (5) and (8) of section 20 authorise thereof."
such other person tD have pcssession to any o.ther person who, by �irtue of a firearm licence holder in of thi;; subsection, may provisions respect (p)Substitute the figures "18'' for the figu res "17'' in ,the marginal note to section 34.

(q)Subsritute of com­ the words "or found guilty any offence sh"U not, <>t mitting any time dnring prescitbed a period of five years from the date 14 Am ih!l'\ftt or conviction, of his raelease for !he words "sha1l not, at ooy time during a a period in section 36(1).
as 1!he case ,may be," of five years from the date of his release" (r)Subm:itute the words "imprisonment for life" for for a term not ex­ the words "pe nal servitude ceeding fourteen yea:rs" in se<:tion 37.

(s)Insert after section 3 8 the :rollowing section: "Car- 3 8A.

Every person who eommits any '::,':1,n.

offence under section 37 or 38 may, on ment convictiou on indictment, be sentenced to •.

"hipping lieu of imprisonment."

or flogging .


in adition to or in ( t)Substitute the words "imprisolnment for a term not exceeding fl� year,;" fqr the word;; "a i;ine not.

ei<ceeding five hundred dollars ment for a term not eEeeding one year or to hath such fine and imprisonment" 39 ( 4,:: in section or to imprlSOll­ (u)·Insert the words "or is found guilty any offence prescribed pursuant ( 1 ) in section 40(!)

(a).
(a).

of section 36" after the word "imprisonment'' of committing to subsection The Explosives nance Ordi­ the definition of magazine in sub­ (a)Insert after section ' ''Minister" being charged renaru::e of public ( 2) the following definition - means the Minister for the for the main­ witih responsibility safety and public order;'.

time (b)Substitute tlie word "designated'-.

for the word "appointed:" in sectioDs 5 and 33'( 1).
(c) Substitute clamatioo" the word "order" in section 9. for the word "prc-­ ( d)Substitute for sa.

'tion 12(1) the following 0(1) Except explosive in.

file course of re­ - and according to a permit, there moval under shall not be had in his possession any purpose whatsoever.- ( a) by a wholesale dealer more than one or custody for hundred and fifty poums of ex­ plosive; (h)by a retail dealer my explosive other than not more man twenty­ five pounds of gun-powder."
(e)Substitute the words "the Commissioner" for dle words "a district co'.ll1IllIBSioner" and for the _wordS "the diistrict commissioner" 18(1).

in section (f) Substirute the words " the age of twenty-one "child in section 21(1).

apparently under the age of sixteen years" pe rson apparen(!y Uilder years" for the words (g)Insert after the word "permit" in section 24 the words "or the directio'n,s of the · carnmissionern.

(b)Substitute "sixteen" for the word the word "twenty-one" (1) (g).
in sections 25 (1) and 27 Laws Amendment 15 (i) Substitute five" wcherever and (b).

the word "fifty" for the word "twenty­ it appears in section 27(1) (a) The Blasting Regnlations Operations Delete regnlatiO[l 13.

Order The Fireworks Substitute perial the W10rd "National" in the proviso or Colonial" for the words "Im­ 2. to paragraph The Explosives (Sale, Pnrchase and Posses­ 1954. sion) Regnlations, Delete regnlation 13.
EXPLANATORY MEMORANDUM Security security into four parts.. ,the coming into operation The National vide for the national Too Bill is divided including measme will the current proclamatio:n the provisions brought into not come into operation of emergency (Miscellaneous Provisions) Bill, 1966, seekis, to pro­ of Guyana �nd for matters connected therewith_ preliminary Par,t 1 deals with certain of the Act.
By virh1e of claUJse 1 (2) the automatically on enactment but only when operation matters of Part II dealing with preventive by an Order made by the Governor -General.
ceases to be in force or, in the case of when they are derention, 2.· Part II of the Bill makes provision for preventive detention and for re­ to be judges of the Supreme Court of Judicature judges or by the ChanceNor and comprised of has con- his case (which he must be given a reSJsonable opportunity to present, so, to do in order to prevent order or the defe.m;; e of no person is i:hat months urrtless within of this Part are in conformity of Guyana which specificaMy and 14).
The power to make 4 of the Bill and an mder may only be appvinted is satisfied of per�ons.

provisions is conferred _ The provisions with the Constituti of tb.c Constitution on ,hese lines ( articles 5 by clause that it is nece1Ssary to public safety, public on, the Bill prescribe striction of movement with ,the relevant authorise legisfation detention orders made if the Minister action that i,s either prej11Jdticial Guyana.
In accordance shall be held in detention for a longer period than three that ,time a tribunal persons qualified .

sidered whetiher in person or by Iegail representative) cioot cause for the detention.

If the tribunal the;re .

:is not sufficient cause for the detention, voked.


Provi;sion the grounds on which the order has been made to be included copy of which sihould be se-rved on the detainee, right to engage and communicate ,vith particulaxs, the secretary gr,ounds against before the tribunal, considers it unreasonable i1ses the making of -restriction are -made a[ld a restrict detention of whom irt is made to a particular movements in a prescribed reports the detention to be filed with the ·tribunal area of.
Guyana or require to furnish the detainee the order, either with a 1egal adviser; manner to specified which the detainee is made in clauses not to dispense aJs the tribunal' to the tribunal is required within orders and confirmed that there is suffi­ 4, 5 and 8 of Lh.e Bill for a statement that in its opiruion order must be re­ of in the order, a who should be infonned of his .
for such grountls, 7 days of the order, and for of !he with such particularn together ffijnks suffich�nt case in person or by a legal representative, to enable him to present his at prroeeedingis to attend unless the tribunal with his presence.

Clause 12 author­ orders on the same grounds as those on which ion -order may c'cm...fine a person in respect authorities.

his him to nortify ' clause order has been n1ade, Where a detentiqn order has been confirmed.
by the tribunal and wherever for a contiin.uous a reisffiction orders this re­ made review by an advtsDry view must take place within 3 months of the order being made and in the case of :oonfirmed the review must be held at six- tribunal is appointed .

monthly intervals.

in Guyana as advocates Cbancellor salicitorn after consultatinn on and restriction The chairman oriders of the advisory on it two other members appointed In the case.

of restriction with the Chancellor.


from among persons and will have 13 provides to practise tribunal.

by th" or entitled by the Prime Minister detenti and auto­ 3.Clause 14 of ,the Bill imposes II by prescribing of movement) shall cease to have,effcct that that Part· (:dealing a time limit on the continuation with preventive at the end of a period of Part detention of eighteen months and restriction ,+ , · - 10 from the enactment e=nded by ,·esoJution than one year at a ti.n1e.
of the Act unless of the Na.tional the period is, before the not more Assembly, which may do so for expiration thereof, the powers of the·Goveinor-General and possession of ·storage to reduce the: a:ip ount of explosives t() 21 the minimum age · Qm,.mi!

;sioner "f under the Ordinance anrl to vest in the explosive s provision regarding the possession and These provisions are wperim­ Ordinance (Cap.

345) :and 1ihe Ex­ Clause 2'.f of the Bill seeks to amood the Explo­ as to the conveyance of explosives.·.
The ma:in is, however, to em­ are .kept -possession of ex­ OOS1lll'.e that explosives for unl<1wful in safe of the Bill empowers the Ommlissioner under whif;;h explosives are their rem oval to a to direct 4.Part III of the Bill makes special whenever to increase the district (Cap.

346).

the acquisition, of their importation; pawers to issue licences of Pan Ill with respect to explosives ammunition and excplosives.
he consider;; to ensure that the conditions their safe custody, be keft by a retail dealer therein; who may deal with explosives, storage of firearms, posed upon those .=ntained in 1he Firearms :plosives Ordinance ives Ordin=ce so as to vest in the Minister relaiting to the regulation of .and the pr0hibition which may of persons Police commissioner's and power to give directions effect of the provisions of Police to power the Commissioner <::ostody and to provide more severe penalti.es plosivos This Part arid kindred offences.
of Police, ;stored are not adequate magazine ar,proved tities neces.sary for his immediate persons improvements appeal to the Governor-Ge Police relating disposal and seal'.\Ohes 23, 24 and 27 Jor offences under the Firearm5 the various tain appeals, tion"; to enB:ble of danger tci peace or order; to raise firearms< from 17 to 18 years and the registration a firearms dealer Minister <lireet the removal to safe cuswdy of any arnns or ammunition and prel'«:ribe of a registered offences for the purpose of disentitling ing frrearms.
Clause 30 empowers the Minister of persons surrendering firearms, by them.

powers of the Govemor-Genernl end amends th0.t Ordinance of a firearm to unlm,ful possession of and a.ga.mst the removal of explosives neral against the directions of ammunition or explosives de&!er and rthe suspensi to ·widen licence the revo�ation .Ordinance for example; measures, ammunition -to increase fe'es, extend firearms.

licence firearms by him f:rnm whence the owner may withdraw therein qman­ purpose.
security to take a number of and to employ guards.

Procvision tc his magazine· The Commi�ioner.

may also direct sll<lh to make !ltrUetural .is made for an­ 1Jhe Commissioner of •to an.

apr,roved magazine.

Provisions their and explosives, and seizures by the police are contained in clauses 22, ovides se.verer penalties of the Bill.

Clause 2'.f of ,the l;lill also pr vests in· the Minister (Cap.
345)., thereunder, except powers to C1111:er­ the ambit of the definitiOn of "firetann11 in the poosession , on of his) business, persons convicted thereof from possess­ to declare a111 amnasty in favour pos,,essed unlawfully the definition of "ammuni­ to the avoidanre with a ,1ew the minimum age restriction on -posseSiSmg -and am:ma!
fec,s payable by to forty and tlventy dollar& respectively, and to empower the 5.Pan IV of the Bil\ seeks to replace the Emergency Powers Order in Council, 1939, with local legislation during a state regula:tiOIDJs of emergency.

empowering the GoVt.

'fnor-General to make 6.Part V of the Bill confers on members of the Police Force power to take measures reasonab!ly their functions under .fue provisions and justifiable for the contained in the Bill.

necessary prupose of exe.rcising 7.


Finally, clause 36 of the Bill prO\ides that in 't:he eveillt of oonfilct be­ Bill and any other la.w; except the Constitution, the tween me provis;ions provisions of the Bil!

will prevail.

of.

the (Bill No.

7 /1%6).

(S: 402/75), Minister P.A.

RBID.

of Home Affitirs.