Public Safety (Emergency Powers) Act, 1923

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Detention of persons now in military custody.

3.—(1) Every person who is now detained in military custody or held as a military prisoner or captive and has not before the passing of this Act been sentenced to a term of imprisonment or penal servitude by any tribunal established by the military authorities, may be detained in custody under this Act

(a) by the military authorities if those authorities are of opinion that his detention is a matter of military necessity arising out of the existence of a state of war or armed rebellion, whether local or general, or

(b) under an order of an Executive Minister if such Minister is of opinion that the public safety would be endangered by such person being set at liberty.

(2) Every person who at the date of the passing of this Act is serving a sentence of imprisonment or penal servitude imposed on him by a tribunal established by the military authorities shall, whether he is or is not a person ordinarily subject to military law, continue to serve such sentence so long as it is unexpired or undischarged.