Constitution of the Independent
State of Samoa
63
PART X
EMERGENCY POWERS
105. Proclamation of Emergency - (1) If the Head of State is
satisfied, acting in his or her discretion after consultation with
Cabinet, that a grave emergency exists whereby the security or
economic life of Samoa or of any part thereof is threatened,
whether by war, external aggression, internal disturbance or natural
catastrophe, the Head of State may by proclamation (hereinafter
referred to as a Proclamation of Emergency) declare that a state of
emergency exists.
(2) A Proclamation of Emergency shall remain in force for a
period of 30 days, if not sooner revoked, but the provisions of this
clause shall not preclude the issue of a further Proclamation before
the expiry of the period for which the immediately preceding
Proclamation is in force.
(3) If the Legislative Assembly is meeting at the time the
Proclamation of Emergency is made, the Proclamation shall
forthwith be laid before the Assembly.
(4) If the Legislative Assembly is not meeting at the time the
Proclamation of Emergency is made, the Head of State shall
appoint a time for the Assembly to meet which time shall be as soon
as the Head of State, acting in his or her discretion, considers that
conditions make it practicable, and the Proclamation shall
forthwith be laid before the Assembly:
PROVIDED THAT, if not less than one-half of the total number
of Members of Parliament (excluding vacancies) by notice in
writing to the Head of State require that a time for the meeting of
the Assembly be appointed for the purposes of this clause, the Head
of State shall appoint such a time which shall be not later than 7
days after the date of receipt of that notice.
106. Emergency Orders - (1) When a Proclamation of
Emergency has been made and so long as it remains in force, the
Head of State may from time to time make such Orders (hereinafter
referred to as Emergency Orders) as appear to him or her to be
necessary or expedient for securing the public safety, the defence
of Samoa and the efficient prosecution of any war in which Samoa
may be engaged, for maintaining public order and the supplies and
services essential to the life of the community, and generally for
Выберите целевой абзац3
Подключиться к абзацу
Connect to an entity
Disable highlights
Добавить в оглавление