In Re Mark Antony Lyster Bracegirdle

1937   Present: Abrahams C.J., Maartensz and Soertsz JJ
.
In the Matter of an Application for a Writ
of Habeas corpus

 upon the Deputy Inspector-General of Police.

In re MARK ANTONY LYSTER BRACEGIRDLE.

Writ of habeas corpus-Order in Council of October, 1896-Power of Governor to order a person to quit the Colony-State of emergency-Amending Order in Council of 1916-Power of Courts to inquire into conditions to be fulfilled before the issue of order-Order in Council, October" 1896, s. III.,3.

The power given to the Governor under Article III., 3, of the Order in Council of October, 1896, to order any person to quit the Colony and, on refusal on the part of such person to obey the order, to cause him to be arrested can be exercised only in a state of emergency contemplated by the preamble to the amending Order in Council of March, 1916.

The nature of the emergency would be a state of war or grave civil disturbance, real or imminent.

Per ABRAHAMS C.J.-The Supreme Court is entitled to inquire whether the conditions necessary for the exercise of the power in the Order in Council have been fulfilled.

Held also by the Chief Jus

Click Here to Read the rest of this document