Section 19: Interpretation and savings

19. Interpretation and savings (1) In this Chapter— “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “Court” means any Court of law having jurisdiction in Mauritius, including the Judicial Committee, but excepting, save in sections 4 and 6 and this section, a Court established by a disciplinary law; “legal representative” means a person lawfully in or entitled to be in Mauritius and entitled to practise in Mauritius as a barrister or, except in relation to proceedings before a Court in which an attorney has no right of audience, as an attorney; “member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. (2) Nothing contained in section 5 (4), 15 (4) or 18 (3) shall be construed as entitling a person to legal representation at public expense. (3) Nothing contained in section 12, 13 or 15 shall be construed as precluding the inclusion in the terms and conditions of service of public officers of reasonable requirements as to their communication or association with other persons or as to their movements or residence. CON – 21 [Issue 1] The Constitution (4) In relation to any person who is a member of a disciplined force of Mauritius, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter, other than sections 4, 6 and 7. (5) In relation to any person who is a member of a disciplined force that is not a disciplined force of Mauritius and who is present in Mauritius in pursuance of arrangements made between the Government of Mauritius and another Government or an international organisation, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of this Chapter. (6) No measures taken in relation to a person who is a member of a disciplined force of a country with which Mauritius is at war and no law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of this Chapter. (7) In this Chapter, “period of public emergency” means any period during which— (a) Mauritius is engaged in any war; (b) there is in force a Proclamation by the President declaring that a state of public emergency exists; or (c) there is in force a resolution of the Assembly supported by the votes of a majority of all the members of the Assembly declaring that democratic institutions in Mauritius are threatened by subversion. (8) A Proclamation made by the President for the purposes of subsection (7)— (a) shall, when the Assembly is sitting or when arrangements have already been made for it to meet within 7 days of the date of the Proclamation, lapse unless within 7 days the Assembly by resolution approves the Proclamation; (b) shall, when the Assembly is not sitting and no arrangements have been made for it to meet within 7 days, lapse unless within 21 days it meets and approves the Proclamation by resolution; (c) may be revoked at any time by the President, or by resolution of the Assembly: Provided that no resolution for the purposes of paragraph (a) or (b) shall be passed unless it is supported by the votes of a majority of all members of the Assembly. (9) A resolution passed by the Asse roves the Proclamation; (b) shall, when the Assembly is not sitting and no arrangements have been made for it to meet within 7 days, lapse unless within 21 days it meets and approves the Proclamation by resolution; (c) may be revoked at any time by the President, or by resolution of the Assembly: Provided that no resolution for the purposes of paragraph (a) or (b) shall be passed unless it is supported by the votes of a majority of all members of the Assembly. (9) A resolution passed by the Assembly for the purposes of subsection (7) (c)— (a) shall remain in force for such period, not exceeding 12 months, as the Assembly may specify in the resolution; [Issue 1] CON – 22 Revised Laws of Mauritius (b) may be extended in operation for further periods, not exceeding 12 months at a time by a further resolution supported by the votes of a majority of all the members of the Assembly; (c) may be revoked at any time by resolution of the Assembly. [S. 18 amended by Act 48 of 1991.] CHAPTER III – CITIZENSHIP