HC Deb 17 December 1959 vol 615 cc1625-6
9. Mr. Foot

asked the Secretary of State for the Colonies whether his attention has been drawn to Regulation 35 of the Nyasaland Emergency Regulations which makes it an offence, punishable with 14 years' imprisonment or£1,000 fine or both such imprisonment and fine, to do any act or publish anything likely to undermine the authority of, or the public confidence in, the Government of Nyasaland or the Government of the Federation; whether his department was consulted before this Regulation was made; if he will give particulars of the number of persons who have been convicted of this offence, the sentences imposed upon them and the number acquitted; and how many prosecutions for this offence are now pending.

Mr. J. Amery

Yes, Sir. The Governor did not consult my right hon. Friend before making the Nyasaland Emergency Regulations; but my right hon. Friend, of course, is aware of the provisions of the Regulations. Four persons have been convicted under Regulation 35. Three received prison sentences of 25, 12 and 5 months, respectively, and the fourth was fined£1.

Nine persons have been acquitted of charges under the Regulation; no prosecutions are pending.

Mr. Foot

Since the Regulation is calculated to stifle every kind of political discussion in Nyasaland regarding the slightest criticism of the Territorial Government or the Federal Government, will the hon. Gentleman consider withdrawing it?

Mr. Amery

The figures I have just given of the sentences and fines imposed show that the Governor has in no way abused the considerable powers given to him under the Regulation.

Hon. Members

Shame.