Section 30:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
30. Transgression of human rights – Length of period of public emergency—The appellant had been convicted of having been found without lawful authority or reasonable excuse in possession of an offensive weapon in
breach of the provisions of Regulations made under the Emergency Powers
Order in Council, 1939. The arguments for the appellant were mainly directed against the continuing validity of the above Regulations as at the date
of the offence.
HELD (i) Parliament is a sovereign body, and there are no fetters on its
right to delegate legislative powers to any person or body;
(ii) the Regulations under which the appellant was convicted did not
touch upon the question of personal liberty of the subject, and there had
been no breach of the provisions of the Constitution concerning human
rights; and
(iii) there was no limit fixed for the duration of the period of public
emergency proclaimed by the Governor-General under section 19 (7) (b) of
the Constitution. Motee v R (1969).