CHAPTER 112 - PRESERVATION OF PUBLIC SECURITY: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Application

Preservation of Public Security Regulations

Preservation of Public Security (Detained Persons) Regulations

Preservation of Public Security (Railways) Regulations

Preservation of Public Security (Air Services) Regulations

Preservation of Public Security (Control of Waterways) Regulations

Preservation of Public Security (Prohibited Waterways) Regulations

Kariba Restricted Waterway Order

Preservation of Public Security (Empoyers and Employees) Regulations

Preservation of Public Security (Movement of Vehicles) Regulations

Preservation of Public Security (Maintenance of Supplies) Regulations

Preservation of Public Security (Necessary Services) (Declaration) Order

Preservation of Public Security (Milling of Maize) Regulations

Zambezi Prohibited Waterway (No. 2) Order

Preservation of Public Security (Prohibited Areas) (Blue Lagoon National Park) (Revocation) Order, 1997

APPLICATION

[Section 3]

GN 374 of 1964.

Declaration by the Governor of Northern Rhodesia prior to the 24th October, 1964;

WHEREAS by section 3 of the Preservation of Public Security Act it is provided that if the Governor is satisfied that it is necessary for the preservation of public security so to do, he may, by notice in the Gazette, declare that the provisions of subsections (2) and (3) of the said section shall come into operation and thereupon those provisions shall come into operationaccordingly;

AND WHEREAS I am satisfied that it is necessary for the preservation of public security to declare that the provisions of the said subsections (2) and (3) of the said section 3 shall come into operation:

NOW THEREFORE, I, EVELYN DENNISON HONE, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Commander in the Royal Victorian Order, Officer of the Most Excellent Order of the British Empire, Governor of the Territory of Northern Rhodesia,do hereby declare and proclaim that the provisions of subsections (2) and (3) of section 3 of the Preservation of Public Security Act shall come into operation on the date hereof.

PRESERVATION OF PUBLIC SECURITY REGULATIONS

[Sections 3, 4 and 5]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Application of regulations

   3.   Interpretation

   4.   Prohibition of meetings, processions, etc.

   5.   Power to prohibit certain activities at dwellings, buildings and in public places

   6.   Control of assemblies

   7.   Dangerous weapons, etc., and unlawful conduct at assemblies

   8.   Closing of premises

   9.   Threats calculated to intimidate or cause alarm prohibited

   10.   Threatening violence prohibited

   11.   Prohibition of entry into Zambia without travel document of identity

   12.   Prohibition of wearing or possessing certain uniforms

   13.   Duty to attend meetings

   14.   Control of movement on roads

   15.   Curfews

   15A.   Black-outs

   15B.   Controlling electricity

   16.   Restriction orders

   17.   Retention of articles in connection with restriction orders

   17A.   Power to withdraw travel document of identity

   18.   Power to direct persons to proceed to and remain in any part of Zambia

   19.   Revoked by S. I. No. 39 of 1993

   20.   Revoked by S. I. No. 39 of 1993

   21.   Revoked by S. I. No. 39 of 1993

   22.   Power of arrest

   23.   Powers of entry, inspection and search

   24.   Power to stop and search vehicles

   25.   Publicity for orders

   26.   Obstruction of officers

   27.   Delegation of functions

   28.   Effect of regulations on contracts

   29.   Attempt to commit offences, etc.

   30.   Jurisdiction of subordinate courts

   31.   Jurisdiction of local courts

   32.   Offence for contravention of condition

   33.   Detention orders

   34.   Retaining possession of articles

   35.   Power to detain suspected persons

   36.   Harbouring suspected persons

   37.   Revoked by S.I. No. 39 of 1993

   38.   Revoked by S.I. No. 39 of 1993

   39.   Revoked by S.I. No. 39 of 1993

   40.   Revoked by S. I. No. 39 of 1993

   41.   Revoked by S.I. No. 39 of 1993

   42.   Prohibited areas

   43.   Revoked by S.I. No. 39 of 1993

   44.   Smuggling of any petroleum product

   45.   Possession of any petroleum product

   46.   Persons influencing employees in necessary services

   47.   Penalties

      SCHEDULE

Act 13 of 1994,

GN 375 of 1964,

GN 377 of 1964,

GN 389 of 1964,

GN 402 of 1964,

GN 497 of 1964,

GN 515 of 1964,

SI 8 of 1965,

SI 66 of 1965,

SI 104 of 1965,

SI 127 of 1965,

SI 331 of 1965,

SI 359 of 1965,

SI 370 of 1965,

SI 15 of 1966,

SI 53 of 1966,

SI 75 of 1966,

SI 187 of 1966,

SI 218 of 1966,

SI 116 of 1968,

SI 239 of 1968,

SI 361 of 1968,

SI 335 of 1969,

SI 357 of 1969,

SI 239 of 1970,

SI 240 of 1970,

SI 8 of 1972,

SI 172 of 1977,

SI 177 of 1977,

SI 33 of 1993,

SI 39 of 1993,

SI 149 of 1997.

[Regulations by the President]

1.   Title

These Regulations may be cited as the Preservation of Public Security Regulations.

2.   Application of regulations

These Regulations shall, except as hereinafter provided, apply only to those parts of Zambia set out in the Schedule.

3.   Interpretation

In these Regulations, unless the context otherwise requires—

"armed forces" means any of the naval, military or air forces;

"assembly" means any gathering of three or more people whether in public or in private;

"citizen" means a citizen of Zambia;

"competent authority" means a person appointed in writing by the President, or by any person exercising the functions of the President by virtue of regulation 27, for the purposes of all or any of the regulations in which such expression occurs;

"contravention", in relation to any provision or condition, includes a failure to comply with such provision or condition, and "contravene" shall be construed accordingly;

"Defence Force" means the Defence Force referred to in section 4 of the Defence Act and any other military, naval or air forces which may, with the approval of the President, for the time being be cooperating with the Defence Force;

"detention order" means an order made under the provisions of sub-regulation (1) of regulation 33;

"District Messenger" means a District Messenger as defined in section 2 of the District Messengers Act;

"established resident" has the meaning assigned to it in the Immigration and Deportation Act;

"lock out" means the closing of a place of employment or the suspension of work, or the refusal of an employer to continue to employ any number of persons employed by him, in consequence of a dispute, and done with a view to compelling those persons, or to aid the employer in compelling persons employed by him, to accept terms or conditions of, or affecting, employment;

"necessary service" means—

      (a)   out service relating to the generation, supply or distribution of electricity;

      (b)   any fire brigade or fire service;

      (c)   any sewerage, rubbish disposal or other sanitation service;

      (d)   any health, hospital or ambulance service;

      (e)   any service relating to the supply or distribution of water;

      (f)   any service relating to the production, supply, delivery or distribution of food or fuel;

      (g)   mining, including any service required for the working of a mine;

      (h)   any communications service;

      (i)   any transport service, and any service relating to the repair and maintenance, or to the driving loading and unloading, of vehicles for use in a transport service;

      (j)   any road, railway, bridge, ferry, pontoon, airfield, harbour or dock; or

      (k)   any other service or facility whether or not of a kind similar to the foregoing, declared by the * Any service required for the working of a mine declared to be a necessary service by S.I. No. 55 of 1966.The transport of refugees from any country and the transport of essential goods declared to be a necessary service by S.I. No. 239 of 1966.The transport of goods and passengers by rail declared to be a necessary service by S.I. No. 238 of 1968.')">*President to be a necessary service for the purpose of these Regulations.

"officer in charge of police" shall have the same meaning as is set out in section 2 of the Zambia Police Act;

"person" includes any company or association or body of persons, corporate or unincorporate;

"police officer" means any member of the Zambia Police Force or of the Zambia Police Reserve and a Special Constable;

"prescribed area" means those parts of Zambia set out in the Schedule;

"restriction order" means an order made under the provisions of sub-regulation (1) of regulation16;

"strike" means the cessation of work by a body of persons employed in any undertaking acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons who are so employed to continue to work;

"travel document of identity" means a travel document of identity, including a passport—

      (a)   issued by or on behalf of the Government of Zambia, the former Protectorate of Northern Rhodesia, the former Federation of Rhodesia and Nyasaland, any sovereign state or the United Nations Organisation;

      (b)   which contains a personal description of the holder, the name of the country in which he was born and the date of his birth; and

      (c)   to which is attached a photograph being a true likeness of the holder wherein his features are clearly and correctly depicted;

"uniform" means any article or articles of wearing apparel being distinct in design and colour intended to be used by members of armed forces or the police force;

"undertaking" means any company, firm, trade, business, industry or any other kind of enterprise, any statutory board, or corporation or any local or public authority or any branch or autonomous division thereof;

"vehicle" includes any engine, wagon, carriage, bicycle, or other means of carrying goods or persons by land, having two or more wheels, and whether propelled or moved by mechanical power or otherwise.

[As amended by No. 377 of 1964, Nos. 8 and 66 of 1965 No. 116 of 1968, No. 239 of 1970 and No. 8 of 1972]

4.   Prohibition of meetings, processions, etc.

   (1) In this regulation—

"meeting" means any meeting, procession, sporting event or entertainment of any description;

"proper officer" means any police officer not below the rank of Assistant Superintendent.

   (2) It shall be lawful for any proper officer by order to prohibit the holding of any meeting in any area, place or building within the prescribed area, either generally or on any particular day or during any particular time, and if any meeting is held, or is proposed to be held, in contravention of any such order, it shall be lawful for any proper officer to take or cause to be taken such steps as may be necessary to disperse such meeting or to prevent the holding thereof.

   (3)    An order made under the provisions of sub-regulation (2) may relate to—

      (a)   all meetings;

      (b)   any specified class of meeting;

      (c)   any specified meeting; or

      (d)   any or all meetings organised, convened, held or attended by any specified person or group of persons.

   (4)    Any order made under the provisions of sub-regulation (2) may exempt from the provisions of such order such meetings or classes of meetings as may be specified in the order, and any such order may at any time be amended so as to provide for such exemption.

   (5) It shall be lawful for any proper officer by order to prohibit any person or class of person specified in such order from addressing any meeting or assembly in any area, place or building within the prescribed area, either generally or during any period which may be so specified.

   (6) It shall be lawful for any proper officer by order to prohibit the use of any public address system, loud hailer, or such other method or means of amplifying speech or sound as may be specified in such order, either generally or on any particular day or during any particular time.

   (7)    An order made under the provisions of sub-regulation (6) may exempt from the provisions of such order such persons or classes of person as may be specified in such order.

   (8) Any person who convenes, attends or takes part in any meeting, the holding of which has been prohibited under the provisions of sub-regulation (2), or who contravenes any order made under sub-regulation (5) or (6), shall be guilty of an offence.

[As amended by 8 of 1965 and 240 of 1970.]

5.   Power to prohibit certain activities at dwellings, buildings and in public places

   (1)    Whenever it appears to the President that for the purpose of preserving public security it is strictly required by the exigencies of the situation in Zambia so to do, he may by orderprohibit throughout Zambia or in any area specified in the order—

      (a)   any person from entering without the express consent of the occupants for the time being thereof any dwelling or the curtilage thereof or any building and soliciting or advocating adherence to, or disseminating the teachings of, any religion, organisation or society specified in the order, whether by words, or conduct; or

      (b)   any person in any public place from soliciting or advocating adherence to, or disseminating the teachings of, any religion, organisation or society specified in the order, whether by words, or conduct, whereby a breach of the peace is likely to be occasioned.

   (2)    An order made under this regulation may contain such incidental supplementary provisions as appear to the President to be necessary or expedient for the purposes of such order.

   (3)    The provisions of this regulation shall not apply to any political party or to any trade union.

   (4)    Any person who contravenes any provision of an order made under this regulation shall be guilty of an offence.

   (5)    For the purposes of this regulation and any order made hereunder, "public place" has the meaning assigned to it in sub-regulation (5) of regulation 6.

[Am by 357 of 1969.]

6.   Control of assemblies

   (1) It shall be lawful for any proper officer, by order in writing, to prohibit during any period specified in such order assemblies between such hours as are specified in such order in any public place in such area as is specified in such order.

   (2)    Any person who, between the hours specified in an order made under sub-regulation (1) during any period specified in such order, is in the company of two or more persons in any public place in an area specified in such order shall be guilty of an offence.

   (3)    An order made under the provisions of this regulation may exempt from the operation thereof any person or class of persons, either generally or for such period as may be specified insuch order, and the provisions of this regulation shall not apply to any member of a Police Force acting in the course of his duty.

   (4)    An order made under this regulation shall come into operation immediately on the making thereof but shall be published in the Gazette as soon as is reasonably practical thereafter.

   (5)    For the purposes of this regulation—

"member of a Police Force" includes any police officer, any mine police officer, any municipal police officer, any District Messenger, and any member of the Defence Force who is present within the prescribed area;

"proper officer" means any officer in charge of police; and

"public place" includes any highway, market place, square, road, street, bridge or other way which is lawfully used by the public, and any place, other than a building, to which the public are for the time being entitled or permitted to have access, either without any condition or uponthe condition of making any payment.

[As amended by 8 and 66 of 1965 and 361 of 1968.]

7.   Dangerous weapons, etc., and unlawful conduct at assemblies

   (1)    Any person who attends, takes part in or is found at any assembly and who has in his possession at such assembly any firearms, ammunition, dangerous weapon, explosive substance or any stick, stone or other dangerous missile shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding five years.

   (2)    Any person who, at any assembly—

      (a)   injures, or threatens or attempts to injure, any person, or damages, or threatens or attempts to damage, any property of any description, whether real or personal; or

      (b)   conducts himself in such a manner as to occasion a breach of the peace or as to cause persons in the neighbourhood reasonably to fear that he will commit a breach of the peace or will provoke other persons to commit a breach of the peace,

shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding ten years.

   (3)    A person charged with an offence under the provisions of this regulation shall not be granted bail.

   (4)    The provisions of this regulation shall not apply to—

      (a)   any member of a Police Force acting in the course of his duty;

      (b)   any person employed by the Government, by any local authority, by any mining company, or by any building or construction company while acting in the course of his employment; or

      (c)   any person exempted from such provisions by a police officer of or above the rank of Sub-Inspector, or any class of person so exempted by the Inspector General of Police by notification in the Gazette:

Provided that any such exemption shall be subject to such conditions, if any, as may be imposed by the authority granting such exemption.

   (5) For the purposes of this regulation—

"dangerous weapon" means any article made or adapted for use for causing or threatening injury to the person, or intended by the person having it with him for such use, and includes any knife, spear, arrow, stone, axe, axe handle, stick or similar weapon; and

"member of a Police Force" means any police officer, any District Messenger, and any member of the Defence Force who is present within the prescribed area.

[As amended by 8 and 66 of 1965 and 361 of 1968.]

8.   Closing of premises

   (1)    Whenever the President is satisfied that for the purpose of maintaining public order it is necessary so to do, he may, by statutory order, direct that any premises specified in the order shall be closed.

   (2)    Any person who enters any premises in respect of which an order has been made under sub-regulation (1) shall be guilty of an offence:

Provided that it shall be a sufficient defence in any prosecution under this regulation if the accused person satisfies the court that he entered the premises concerned for the purpose of protecting them or maintaining them in a proper state.

   (3)    The President shall not make an order under this regulation unless he is satisfied that intoxicating liquor, as defined in the Liquor Licensing Act, is sold or supplied or consumed in, or in proximity to, the premises to be named in the order.

   (4)    Any reference in an order to "premises" shall be deemed to include a reference to all land adjacent to such premises, which persons using the premises are permitted or entitled to use.

[Am by 370 of 1965.]

9.   Threats calculated to intimidate or cause alarm prohibited

   (1) Any person who, without lawful cause or excuse, uses words, whether written or spoken, or signs reasonably likely to intimidate any other person or class of persons, shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three years.

   (2) In this regulation, "intimidate"means to put any person in fear of any injury or damage to himself or to any member of his family, or to his dependants, or in fear of any injury or loss to his property, business, employment or means of living.

10.   Threatening violence prohibited

Any person who, without lawful cause or excuse, makes any statement indicating or implying that it would be incumbent or desirable—

      (a)   to do any act or acts calculated to bring death or physical injury to any person or any class or community of persons; or

      (b)   to do any act or acts calculated to lead to destruction or damage to any property; or

      (c)   to commit an offence against any written law in force in Zambia or in any part thereof,

shall be guilty of an offence and liable upon conviction to imprisonment for a period not exceeding seven years:

Provided that a statement which expresses mere disapproval of a written law shall, to that extent only, be held not to be a statement which indicates or implies that it would be incumbent or desirable to commit an offence against such law.

11.   Prohibition of entry into Zambia without travel document of identity

   (1)    Any person who enters Zambia without a travel document of identity shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seventy five thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

   (2) The provisions of sub-regulation (1) shall not apply to—

      (a)   any person duly accredited to Zambia by or under the authority of the government of any sovereign state;

      (b)   any person who under any written law is entitled to any diplomatic immunities and privileges by reason of his association with an organisation of which the Republic or the Government and one or more other states or the government or governments thereof are members;

      (c)   any member of the official staff or of the household of a person described in paragraph(a) or (b);

      (d)   any citizen or established resident; or

      (e)   any wife or minor child of a person described in paragraph (a), (b), (c) or (d).

   (3) No prosecution shall be instituted against any person for an offence under sub-regulation (1)without the sanction, fiat or written consent of the Director of Public Prosecutions.

[Am by 116 of 1968 and Act 13 of 1994.]

12.   Prohibition of wearing or possessing certain uniforms

   (1)    Any person who is found in Zambia wearing, or in possession of, uniforms of armed forces or police forces of any country other than Zambia shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seventy five thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

   (2)    The * Italian Airforce Technical Assistance Personnel exempted by S.I. No. 447 of 1969.')">*President may exempt any person from the provisions of sub-regulation (1).

   (3)    The provisions of sub-regulation (1) shall not apply to any person exempted by the President under sub-regulation (2).

   (4)    No prosecution shall be instituted against any person for an offence under sub-regulation (1) without the sanction, fiat or written consent of the Director of Public Prosecutions.

[A m by 116 of 1968 and Act 13 of 1994.]

13.   Duty to attend meetings

   (1)    A District Executive Secretary may, by written or verbal notice delivered by a District Messenger, require any Chief or Headman resident within the District for which he is appointed District Executive Secretary to attend such meetings as appear to the District Executive Secretary to be desirable in the interest of public security, at the place and time specified in the aforesaid notice.

   (2)    A Chief may, by written or verbal notice delivered by a Kapasu, require any Headman resident within the area of the Chief to attend such meetings as appear to him to be desirable in the interest of public security, at the place and time notified to the Headman.

   (3)    Any Chief or Headman who without lawful excuse, the proof of which lies on him, fails to attend any meeting which he is required to attend under this regulation shall be guilty of an offence and be liable upon conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

   (4) For the purposes of this regulation—

"Chief" has the meaning assigned to it in the Chiefs Act;

"Headman" means a person holding the office of Headman under customary law.

[No. 335 of 1969 as amended by 357 of 1969and Act 13 of 1994]

14.   Control of movement on roads

   (1) It shall be lawful for any authorised officer by order to prohibit the entry, either generally or on any particular day or during any particular time, of any vehicle to or the presence of any vehicle on such road or part of a road within a prescribed area as may be described in the order.

   (2) It shall be lawful for any authorised officer to take or cause to be taken such steps as may be necessary to prevent the entry of any vehicle to any road or part of a road in contravention of an order made under sub-regulation (1), or to remove any person in or on any vehicle found on any road or part of a road in contravention of such an order.

   (3)    Any person in or on a vehicle found on any road or part of a road in contravention of an order made under sub-regulation (1) shall be guilty of an offence.

   (4) Any person who enters, in or on a vehicle, any road or part of a road, entry to which is prohibited by order under sub-regulation (1), shall be guilty of an offence.

   (5)    The provisions of an order made under this regulation shall not apply to any person exempted from such provisions by a police officer of or above the rank of Assistant Inspector Grade I, or any class of persons exempted by an authorised officer:

Provided that any such exemption shall be subject to such conditions, if any, as may be imposed by the authority granting such exemption.

   (6)    For the purposes of this regulation—

"authorised officer" means a police officer not below the rank of Inspector, or a commissioned officer of the Defence Force when acting in aid of the civil power.

[As amended by 8 and 66 of 1965.]

15.   Curfews

   (1)    Wherever the President is satisfied that for the purpose of maintaining public order it is necessary so to do, he may, by order (hereinafter referred to as a "curfew order"), prohibit, in respect of the whole or any part of the prescribed area, all or any class of persons from being out of doors between such hours as may be specified in such order except with the authority of a written permit granted by such authority or person as may be so specified.

   (2) In any order made under sub-regulation (1) the President may, either absolutely or in such circumstances or subject to such conditions as may be specified in the order, grant exemption to any person or class of persons from the operation of such order.

   (3)    Any person who is out of doors in any area specified in a curfew order within the hours specified in that order who—

      (a)   fails to stop when called upon to do so by an authorised officer; or

      (b)   being a person to whom the curfew order applies, is not in possession of a written permit authorising him to be so out of doors,

shall be guilty of an offence against these Regulations and shall be liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both.

   (4)    The provisions of this regulation shall not apply to an authorised officer.

   (5) For the purposes of this regulation,"authorised officer"means any magistrate, police officer, District Messenger, or member of the Defence Force when acting in aid of the civil power.

[ 359 of 1965 and Act 13 of 1994.]

15A.   Black-outs

   (1)   Where the President is satisfied that in the interests of security or for the purpose of maintaining public order it is necessary so to do, he may, by order direct, in respect of the whole or any part of the prescribed area that lights shall be kept extinguished between such hours as may be specified in the order.

   (2)    Any person who coutravenes an order made under sub-regulation (1) shall be guilty of an offence against these Regulations and shall be liable on conviction to a fine not exceeding two hundred and fifty penalty units or to imprisonment for a period not exceeding three months or to both.

   (3)    The provisions of this regulation shall not apply to any vehicle being used on duty by an authorised officer as defined in sub-regulation (5) of regulation 15.

[As amended by S.I. 172 of 1977 and 13 of 1994.]

15B.   Controlling electricity

Where the President is satisfied that in the interest of public security it is necessary so to do, he may issue a direction that the supply of electricity from all or any electricity stations in Zambia shall be wholly or partially cut off during such period and between such hours as the President may specify.

[As amended by S.I. 177 of 1977]

16.   Restriction orders

   (1)    The President, if he is satisfied that for the purpose of preserving public security within the prescribed area it is necessary so to do, may make an order against any person for any or all of the purposes mentioned in sub-regulation (2), and any person in respect of whom a restriction order is in force is hereinafter referred to as a restricted person.

   (2) A restriction order may be made for any or all of the following purposes, that is to say—

      (a)   for securing that, except in so far as may be permitted by the restriction order or by a written permit issued by a competent authority, the restricted person shall not be in the prescribed area or in any such place or area within the prescribed area as may be specified in the restriction order;

      (b)   for securing that, except in so far as may be permitted by the restriction order or by a written permit issued by such person as may be specified in the restriction order, the restricted person shall remain in such place or area within Zambia as may be so specified;

      (c)   for requiring the restricted person to notify his movements in such manner, at such times and to such authority or person in such place as may be specified in the restriction order.

   (3) For the avoidance of doubt, it is hereby expressly declared that, notwithstanding any other provision of these Regulations, a restriction order may be made under paragraph (a) of sub-regulation (2) against any person who is outside the prescribed area.

   (4) Any permit issued under paragraph (a) or (b) of sub-regulation (2) may be issued subject to such terms and conditions as may appear expedient to the authority or person issuing the same, and any person who contravenes any such term or condition shall be guilty of an offence.

   (5)    A restriction order shall come into force immediately upon the service of a copy thereof upon the restricted person, and, if at the time of such service the restricted person—

      (a)   in the case of a restriction order made under paragraph (a) of sub-regulation (2), is within a place or area specified in such order, he may be removed therefrom; or

      (b)   in the case of a restriction order made under paragraph (b) of sub-regulation (2), is outside a place or area specified in such order, he may be removed thereto,

by any police officer or any person acting on behalf of the President, and shall, whilst being so removed, be deemed to be in lawful custody.

   (6)    Any person who—

      (a)   enters or is found in any place or area;

      (b)   leaves any place or area; or

      (c)   fails to notify his movements,

in contravention of a restriction order shall be guilty of an offence.

   (7)    Without prejudice to any proceedings which may be taken against a restricted person under these Regulations, any restricted person who is at any time within or outside any place or areain contravention of the provisions of a restriction order or of the terms or conditions of a permit issued under sub-regulation (2) may be removed from or to such place or area, as the case may be, by any police officer or person acting on behalf of the President, and shall, whilst being so removed, be deemed to be in lawful custody.

17.   Retention of articles in connection with restriction orders

   (1) Where any article has come into the possession of an executive authority (whether in consequence of the seizure of the article under any of these Regulations or otherwise) and itappears to him that the article is or may be relevant to the making of a restriction order, such executive authority may retain such article for so long only as may be necessary to investigate or inquire whether or not a restriction order should be made:

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