Taken from the Constitution of the Republic of Trinidad and Tobago

Joint Police Army Patrols during Limited State of Emergency

EMERGENCY POWERS

7.- 1. Without prejudice to the power of Parliament to make provision
in the premise, but subject to this section, where any period of public
emergency exists, the President may, due regard being had to the circumstances
of any situation likely to arise or exist during such period make regulations
for the purpose of dealing with that situation and issue orders and instructions
for the purpose of the exercise of any powers conferred on him or any other
person by any Act referred to in subsection (3) or instrument made under this
section or any such Act.

2. Without prejudice to the generality of subsection (1) regulations made
under that subsection may, subject to section 11, make provision for the
detention of persons.

3. An Act that is passed during a period of public emergency and is expressly
declared to have effect only during that period or any regulations made under
subsection (1) shall have effect even though inconsistent with sections 4 and 5
except in so far as its provisions may be shown not to be reasonably justifiable
for the purpose of dealing with the situation that exists during that period.

PERIOD OF PUBLIC EMERGENCY

8.- 1. Subject to this section, for the purposes of this Chapter, the
President may from time to time make a Proclamation declaring that a state of
public emergency exists.

2. A Proclamation made by the President under subsection (1) shall not be
effective unless it contains a declaration that the President is satisfied-

a. that a public emergency has arisen as a result of the imminence of a state
of war between Trinidad and Tobago and a foreign State;

b. that a public emergency has arisen as a result of the occurrence of any
earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious
disease, or other calamity whether similar to the foregoing or not; or

c. that action has been taken, or is immediately threatened, by any person,
of such a nature and on so extensive a scale, as to be likely to endanger the
public safety or to deprive the community or any substantial portion of the
community of supplies or services essential to life.

GROUNDS FOR, AND INITIAL DURATION OF PROCLAMATION

9.- 1. Within three days of the making of the Proclamation, the
President shall deliver to the Speaker for presentation to the House of
Representatives a statement setting out the specific grounds on which the
decision to declare the existence of a state of public emergency was based, and
a date shall be fixed for a debate on this statement as soon as practicable but
in any event not later than fifteen days from the date of the Proclamation.

2. A Proclamation made by the President for the purposes of and in accordance
with this section shall, unless previously revoked, remain in force for fifteen
days.

 

EXTENSION OF PROCLAMATION

10.- 1. Before its expiration the Proclamation may be extended from
time to time by resolution supported by a simple majority vote of the House of
Representatives, so however, that no extension exceeds three months and the
extensions do not in ths aggregate exceed six months.

2. The Proclamation may be further extended from time to time for not more
than three months at any one time, by a resolution passed by both Houses of
Parliament and supported by the votes of not less that three-fifths of all the
members of each House.

3. The Proclamation may be revoked at any time by a resolution supported by a
simple majority vote of the House of Representatives.

4. In this Chapter “period of public emergency” means any period during
which-

a. Trinidad and Tobago is engaged in any war; or

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 both Houses of Parliament supported by
the votes of not less than two-thirds of all the members of each House declaring
that democratic institutions in Trinidad and Tobago are threatened by
subversion.