After 53 days of living under the Emergency Powers Act, whereby the Tonga Police Force and the Tonga Defence Services were empowered by Cabinet to use "necessary force" for the purpose of preserving public order and securing the public safety, people are questioning the extent of the powers and wondering how long they will be allowed to remain in force.

There has been criticism of the use of force in making arrests, but few people realise how extensive is the force that a policeman or a soldier may use under the Emergency Powers Act to preserve public order.

Shooting to kill

Brigadier Tau'aika 'Uta'atu, the Commander of the Tonga Defence Services, said that under their Rules of Engagement their use of force, necessary to preserve public order, "ranges from just talking, to actually commanding, and ultimately shooting to kill somebody."

Brigadier 'Uta'atu said that his soldiers had been well trained and they will apply necessary force if a civilian does not respond to their requests, but a soldier has to justify it if he goes to the extent of shooting to kill.

Brigadier 'Uta'atu said that the TDS had been accused of torture, and he thought that it was a misuse of the term, "because torture is systematic and it is used to extract information in an interrogation. We do not carry out interrogations, my soldiers were not trained in interrogation; the police were. We simply help with the arresting of suspects and then hand them over to the police."

Brigadier 'Uta'atu said that to date they had been working well with the police, but with regards to whether the Emergency Powers will be extended again after January 15, "it will be a matter for the government to decide, but we will also have our say on the matter."

The Emergency Power was first declared by King George Tupou V on November 17 2006, for 30 days. It was extended on December 17 for another 30 days, until January 15, 2007.

Emergency Powers Act

There are a number of regulations allowed under the act.

Under the Emergency Powers (Maintenance of Public Order) Regulations November 2006. any person authorised by Cabinet, and every member of the Tonga Police Force and the Tonga Defence Services, shall for the purposes of preserving public order and securing the public safety, have power to:

i. Regulate, restrict, control or prohibit the use of any road, street, path, waterway or public place by any person, vehicle or vessel of by any class of persons, vehicles or vessels;

ii. absolutely or on conditions, prohibit the holding of a meeting or procession , or the assembly of 5 or more persons in a place or building (whether public or private) in that area;

iii. Order a meeting, procession or any assembly of 5 or more persons held in a place or building (whether public or private) to disperse;

iv. use such force as necessary in the interest of public security to disperse a meeting, procession or assembly prohibited or ordered to be dispersed;

v. Erect or place barriers on a road, street, path, waterway or any public place if necessary for the preservation of law and order, prevention or detection of crimes or to regulate traffic;

vi. Take all reasonable steps and use such force necessary to prevent a person, whether on foot or in a vehicle or vessel from passing the barrier contrary to an instruction, direction or signal;

vii. Order every person to remain indoors between certain hours;

viii. Prohibit a person or class of persons from entering a place or building;

ix. Regulate the movement or conduct of a person or class of persons;

x. Search or detain for the purpose of searching a person;

xi. Remove any person who fails to comply with any order;

xii. In relation to suspected persons, premises, vehicle, vessels, or aircraft, with or without warrant, stop and search any person, or enter and search and premises, or stop, board and search any vessel, vehicle or aircraft, and seize evidence;

xiii. with or without warrant, stop and search any person or vehicle on a public road, and seize evidence;

xiv. without warrant, arrest any person suspected on reasonable grounds of threatening public order;

xv.detain any arrested person for a period not exceeding 48 hours.

xvi. use such force as may be reasonably necessary to preserve public order.