NPRC DECREE N0.4 1992

DECREES Supplement to the Sierra Leone Gazette Extraordinary Vol. CXXIII, No. 45 dated 6th July, 1992 N.P.R.C. Decree No. 4 1992 Sierra Leone Commissions of Inquiry (Additional Powers) Decree, 1992 [Margin: Short title.] [6th July, 1992] [Margin: Date of Commencement.] PURSUANT to paragraph 3 of the Proclamation entitled "The Administration of Sierra Leone (National Provisional Ruling Coun- cil) Proclamation, 1992", published in the Gazette on the 4th of May, 1992, the National Provisional Ruling Council hereby makes and issues the following Decree— [Margin: Investigation in absentia.]

(1) Notwithstanding anything to the contrary contained inany law— (a) where a person, whose activities or assets are the subject of a Commission of Inquiry, is outside Sierra Leone; or 2 No. 4 Commissions of Inquiry (Additional Powers) Decree 19[illegible] (b) where a person, whose activities or assets are[illegible] subject of a Commission of Inquiry, is in Sie[illegible] Leone, but having been given reasonable no[illegible] to appear before the Commission refuses or wi[illegible] fully neglects to appear in obedience to his be[illegible] required by the Commission to attend; or (c) where a person, having appeared before a Co[illegible] mission in obedience to the Commission requiri[illegible] him to attend, subsequently fails or refuses [illegible] appear before the Commission when he is requir[illegible] to do so by the Commission; the Commission may investigate his activities or examine his ass[illegible] in his absence. (2) For the purposes of subsection (1), reasonable no[illegible] includes notice sent by post to his usual or last known address. [Margin: Commission to have powers to punish for contempt. Cap. 54. P.N. No. 20 of 1992.]

(1) Notwithstanding the provisions of sections 12 and [illegible]of the Commissions of Inquiry Act, every Commission issued by th[illegible] National Provisional Ruling Council in exercise of the powe[illegible] conferred upon it by the Commissions of Inquiry Act, as adapte[illegible] by the Proclamation entitled "The Administration of Sierra Leo[illegible] (National Provisional Ruling Council) Proclamation, 1992", sha[illegible] have power to commit for contempt and shall exercise all su[illegible] powers as may be exercised by the High Court. (2) For the purposes of subsection (1)— (a) conduct or behaviour by any person who in an[illegible] manner insults, hinders, intimidates, threatens o[illegible] causes any loss of advantage, benefit, employmen[illegible] or advancement to any person for having bee[illegible] invited to, or for appearing as a witness at, or fo[illegible] assisting, a Commission of Inquiry; and (b) any abuse of process, publication of matters ca[illegible] culated to prejudice fair investigation or exami[illegible] nation by a Commission of Inquiry, publication o[illegible] matters exempted from disclosure and disobedienc[illegible] of any order of a Commission of Inquiry by an[illegible] person; shall amount to contempt. 12 No. 3 The Imposition of Curfew 199[illegible] [Margin: Power to impose curfew.] 2. (1) The National Provisional Ruling Council may, in th[illegible] interest of public order or public safety, by order impose a curfe[illegible] throughout Sierra Leone or in any part thereof as shall be specifie[illegible] in such order. (2) While such order is in force no person shall be out o[illegible] doors between the hours specified in the order except under th[illegible] authority of a written permit granted by the Inspector-General o[illegible] Police or any officer deputed by him in that behalf. [Margin: Offence and penalty.]

(1) A person who contravenes any provision of an orde[illegible]made pursuant to section 2 commits an offence and may be detaine[illegible] by any member of the Armed Forces or the Police Force, who sha[illegible] take that person immediately to the nearest police station. [Margin: [illegible]placed by [illegible]ecree No [illegible]8 1993] (2) A person convicted of an offence under subsection (1[illegible] shall be liable to a fine not exceeding ~~ten thousand leones or impri-~~ ~~sonment for a term not exceeding one month~~, or to both such fin[illegible] ~~and imprisonment~~. [Margin: Operation of order.]

Every order made pursuant to section 2 shall come intooperation upon publication in the Gazette or upon publication in such other manner as the National Provisional Ruling Counci[illegible] may deem necessary for bringing such order to the notice of all per- sons. [Margin: Persons deemed lawfully detained.]

Any person detained pursuant to this Decree before its dateof publication in the Gazette shall be deemed to have been held in lawful custody during the period of such detention. MADE and ISSUED this 12th day of May, 1992. CAPTAIN VALENTINE E. M. STRASSER, Chairman, National Provisional Ruling Council. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE BY AUTHORITY OF THE NATIONAL PROVISIONAL RULING COUNCIL GAZETTE EXTRAORDINARY No. 30 OF 13TH MAY, 1992.