The Southern Rhodesia (Sanctions) (Amnesty) Order 1980

Statutory Instruments

1980 No. 565

ZIMBABWE

The Southern Rhodesia (Sanctions) (Amnesty) Order 1980

Made

21st April 1980

Laid before Parliament

23rd April 1980

Coming into Operation

24th April 1980

At the Court at Windsor Castle, the 21st day of April 1980

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 3 of the Southern Rhodesia Act 1979, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation, commencement and extent

1.—(1) This Order may be cited as the Southern Rhodesia (Sanctions) (Amnesty) Order 1980 and shall come into operation on 24th April 1980.

(2) This Order shall, to the extent that it makes provision in relation to any Order of Her Majesty in Council which extended to any of the Channel Islands, the Isle of Man or any other territory specified in Schedule 1 to this Order, have effect as part of the law of that one of the Channel Islands, of the Isle of Man or, as the case may be, of that other territory.

Amnesty and discontinuance of criminal proceedings in respect of sanctions measures

2.—(1) No criminal proceedings shall be instituted in any court in respect of any act to which this Article applies, whether within or without the United Kingdom or any other territory to which this Order extends.

(2) The acts to which this Article applies are—

(a) any breach, disregard or contravention of

(i) any of the Orders specified in Part 1 of Schedule 2 to this Order; or

(ii) any restriction or requirement imposed by or under, or any provision made for the purposes of, any of the enactments specified in Part 2 of Schedule 2 to this Order, being a restriction, requirement or provision giving effect to a resolution of the Security Council of the United Nations for the imposition of economic or other sanctions or other measures directed against Southern Rhodesia;

(b) any act (including any act by way of conspiracy or incitement) preparatory or incidental to any act falling within sub-paragraph (a).

(3) Any criminal proceedings in respect of any act to which this Article applies which are pending in any court immediately before the commencement of this Order, other than any proceedings by way of appeal against conviction or sentence, shall be treated as discontinued upon such commencement.

(4) The provisions of this Article shall be without prejudice to any conviction sustained or sentence imposed before the commencement of this Order.

(5) In this Article, “act” includes an omission.

N. E. Leigh

Clerk of the Privy Council

Article 1(2)

SCHEDULE 1 OTHER TERRITORIES IN WHICH THIS ORDER HAS EFFECT

• Belize

• Bermuda

• British Virgin Islands

• Cayman Islands

• Cyprus: Sovereign Base Areas of Akrotiri and Dhekelia

• Falkland Islands

• Gibraltar

• Hong Kong

• Montserrat

• New Hebrides

• St. Helena

• Turks and Caicos Islands.

Article 2(2)

SCHEDULE 2 SANCTIONS PROVISIONS

PART 1 SANCTIONS ORDERS

• The Southern Rhodesia (United Nations Sanctions) Order 1968 or any Order revoked by that Order;

• The Southern Rhodesia (United Nations Sanctions) (No. 2) Order 1968;

• The Southern Rhodesia (United Nations Sanctions) Order 1977;

• The Southern Rhodesia (United Nations Sanctions) (Overseas Territories) Order 1968;

• The Southern Rhodesia (United Nations Sanctions) (Channel Islands) Order 1969;

• The Southern Rhodesia (United Nations Sanctions) (Isle of Man) Order 1969;

• The Southern Rhodesia (United Nations Sanctions) (Channel Islands) (Amendment) Order 1972;

• The Southern Rhodesia (United Nations Sanctions) (Isle of Man) (Amendment) Order 1972.

PART 2 ENACTMENTS

• The Import, Export and Customs Powers (Defence) Act 1939;

• The Exchange Control Act 1947;

• The Emergency Laws (Re-enactment and Repeals) Act 1964.

EXPLANATORY NOTE

This Order makes provision for an amnesty, and for discontinuance of criminal proceedings, in respect of offences against measures under section 2 of the Southern Rhodesia Act 1965, the United Nations Act 1946, or the enactments specified in Part 2 of Schedule 2, by which effect was given to resolutions of the United Nations Security Council providing for the imposition of economic or other sanctions against Southern Rhodesia.