REPUBLIC OF VANUATU

CONSTITUTION

STATE OF EMERGENCY REGULATION
ORDER NO. 6 OF 2007

To provide for the restoration and maintenance of public order in Port Vila.

In exercise of the powers contained in Article 69 of the Constitution, WE, THE COUNCIL OF MINISTERS, make the following order:

1. STATE OF EMERGENCY
For the purposes of the restoring public order a State of Emergency has been declared by Order dated 4 March 2007 under Article 69(b) of the Constitution, and these regulations are made accordingly.

2. DETENTION OF PERSONS
For the purpose of the restoration and maintenance of public order, during the period of the State of Emergency (as determined under Article 70 of the Constitution), any person may be detained by the Vanuatu Police Force without trial for a period of not more than one calendar month, in accordance with Article 71(1)(b) of the Constitution.

3. RESTRICTION OF MOVEMENT
(1) In addition to the powers provided to the Vanuatu Police Force under section 18 of the Public Order Act [CAP 81] the Commissioner of Police may, on a direction of the Prime Minister authorise members of the Vanuatu Police Force (including any special constable appointed under the State of Emergency Order No. 5 of 2007) to restrict the movement of people to, from and within Vanuatu.

(2) The restriction of movement powers given to the Prime Minister and as may be given by him pursuant to a direction under subsection (1) to the Commissioner of Police shall only subsist for the period of the State of Emergency (as may be determined under Article 70 of the Constitution).

(3) Subject to subsection (4) any person may be restricted from movement to, from and within Vanuatu (which includes, between islands, within islands and within areas of islands and includes restriction of movement and within urban areas including Port Vila).

(4) The power to restrict the movement of people may only be enforced where it is necessary for the resolution and maintenance of public order.

4. COMMENCEMENT
This Order commences on the date on which it is made.

MADE at Port Vila this 4th day of March 2007.

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Honourable VANUAROROA HAM LINI
Prime Minister
On Behalf of the Council of Ministers
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