“contravention", in relation to any requirement, includes a failure to comply with that
requirement, and cognate expressions shall be construed accordingly;
“court", means any court of law having jurisdiction in Mauritius, including the judicial
Committee, but excepting, save in sections 4 and 6 and this section, a court
established by a disciplinary law;
"legal representative", means a person lawfully in or entitled to be in Mauritius and
entitled to practise in Mauritius as a barrister or, except in relation to proceedings
before a court in which an attorney has no right of audience, as an attorney;
"member", in relation to a disciplined forte, includes any person who, under the law
regulating the discipline of that force, is subject to that discipline.
(2)
Nothing contained in section 5(4), 15(4) or 18(3) shall be construed as entitling a
person to legal representation at public expense.
(3)
Nothing contained in section 12, 13 or 15 shall be construed as precluding the
inclusion in the terms and conditions of service of public officers of reasonable
requirements as to their communication or association with other persons or as to
their movements or residence.
(4)
In relation to any person who is a member of a disciplined force of Mauritius,
nothing contained in or done under the authority of the disciplinary law of that force
shall beheld to be inconsistent with or in contravention of any of the provisions of
this Chapter, other than sections 4, 6 and 7.
(5)
In relation to any person who is a member of a disciplined force that is not a
disciplined force of Mauritius and who is present in Mauritius in pursuance of
arrangements made between the Government of Mauritius and another government
or an international organisation, nothing contained in or done under the authority of
the disciplinary law of that force shall be held to be inconsistent with or in
contravention of this Chapter.
(6)
No measures taken in relation to a person who is a member of a disciplined force of
a country with which Mauritius is at war and no law, to the extent that it authorises
the taking of any such measures, shall be held to be inconsistent with or in
contravention of this Chapter.
(7)
In this Chapter 'period of public emergency" means any period during which -
(8)
(a)
Mauritius is engaged in any war;
(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 the Assembly supported by the votes of a
majority of all the members of the Assembly declaring that democratic
institutions in Mauritius are threatened by subversion.
A Proclamation made by the President for the purposes of subsection (7) -