Chapter 14 Emergency Powers

Section 187 Emergency powers

(1) The Parliament may make a law conferring power on the President, acting an the advice of the Cabinet, to proclaim a state of emergency in Fiji, or in a part of Fiji, in such circumstances as the law prescribes. (2) The law may include provisions conferring on the President the power to make regulations relating to the state of emergency. (3) A measure authorised by or under the law may derogate from the rights and freedoms set out in section 23, 24, 30, 31, 32, 33, 34 or 37 (but not from other rights and freedoms set out in the Bill of Rights) if each of the following conditions is satisfied: (a) the Cabinet has reasonable grounds for believing that, because of the emergency described in the proclamation of the state of emergency, the life of the State is threatened and the exigencies of the situation are such that they cannot be dealt with effectively without derogating from the Bill of Rights; (b) the proclamation of the state of emergency is laid before the House of Representatives, is confirmed by it within 5 sitting days after the proclamation is made and remains in force at the time the measure is taken; (c) the proclamation of the state of emergency remains in force for no longer than 3 months or for such further successive periods of up to 6 months as the House of Representatives determines; (d) regulations relating to the state of emergency are laid before the House of Representatives within 2 sitting days after they are made and remain in force at the time the measure is taken. (4) A law made under this section that is inconsistent with the obligations of the State under an international convention or covenant is invalid to the extent of the inconsistency. (5) Regulations made pursuant to subsection (2) remain in force only so long as the proclamation of the state of emergency remains in force.

Section 188 Summoning of House of Representatives

(1) Upon the proclamation of a state of emergency, the President must summon the House of Representatives to meet. (2) If the proclamation is made during the period after a dissolution of the House of Representatives and before the holding of the next following general election of members of the House of Representatives, the President must, under subsection (1), summon the members of the dissolved House, and those members may exercise all the powers conferred on the House of Representatives under this Chapter. (3) Despite the summoning under subsection (2) of members of the dissolved House of Representatives, the general election must proceed and the recalled House again stands dissolved on the day immediately before the day fixed for the polling at the general election. (4) If, during a period while a state of emergency is in force, the term of the House of Representatives would, under section 59, expire by effluxion of time, the President may, on the advice, of the Cabinet, proclaim an extension of the term for such period as is specified in the proclamation. (5) The term of the House of Representatives must not be extended under subsection (4) for a total of more than 12 months.

Section 189 Powers of House of Representatives

(1) The House of Representatives may, at anytime, disallow a proclamation of a state of emergency. (2) The House of Representatives may at any time amend or disallow regulations relating to the state of emergency that are laid before it. (3) If: (a) notice of a motion to disallow a proclamation of a state of emergency or to amend or disallow regulations relating to the state of emergency has been given by at least 18 members of the House of Representatives; and (b) at the end of the period of 3 sitting days after the notice was given, the notice has not been withdrawn, the motion has not been called on and the House has not passed a resolution deferring its consideration; the proclamation or the regulations, as the case may be, are taken to have been disallowed or amended, as the case may be.