Tonga's King in Council has repealed the Emergency Powers Regulations 2007 and replaced them with new Emergency Powers (Public Safety and Public Order) Regulations 2008, effective from September 5 for 30 days, over an extended area of the capital Nuku'alofa.

The last extension of the Emergency Power Regulations 2007 expired on August 7, but government did not announce the expiry.

The new regulations returned some powers removed under the 2007 regulations regarding the stopping of a person with or without warrant upon suspicion, and will be enforced in the the proclaimed area from By Pass Road to Hala Vuna and extending up to Hala o Vave and Ma'ufanga.

It is understood that the extended boundary was first set under a Proclamation for Public Order (Preservation) Act (Cap 38) for the protection of the Pacific Forum meeting in Nuku'alofa and was preserved in successive 30 days extensions of that proclamation.

New regulations

Now the new Emergency Powers Regulations 2008 allow the Tonga Police with or without warrant, to stop and search any person, or to enter and search any premises, or to stop, board and search any vessel, vehicle or aircraft, and to seize evidence.

They also allow any person authorised by Cabinet, and every member of the Tonga Police Force and the Tonga Defence Services to regulate and control the movement of people or arrest any person who fails to comply with any order, and to use force as may be reasonably necessary to secure public safety and maintain public order.

Arrested persons may be detained in accordance with the Bail Act 1990.

The power to impose a curfew is also allowed under the new regulation.

The Prime Minister's Office in a statement this week said the new regulations continued to give the Tonga Defence Services and the Tonga Police the right to preserve public order and secure the public's safety for another month, until October 4, 2008.

Proclaimed Area

The Prime Minister, also acting on the advice of the Minister of Police, formed the opinion that the public in the following area continues to be seriously threatened and declared that these areas continue to come under the Proclaimed Area: from the intersection of Vuna Road and Bypass Road, and along Bypass Road to the intersection of Bypass Road and Hihifo Rd, and then to the intersection of Hihifo Road and Sunia 'Akaveka Road, and then traveling North to the intersection of Sunia 'Akaveka Road and Vuna Road, back to the intersection of Vuna Road and Bypass Road.

This area is extended from the area of the central business district that came under the earlier regulations that had a boundary from Hala Alipate and Hala Mateialona to Vuna Road

The Emergency Powers Regulations 2006 were first enforced following the burning of central Nuku'alofa on November 16, 2006, and have been extended every 30 days since then.

On May 16, 2007 the Emergency Powers Regulations 2006 were replaced by the Emergency Powers Regulations 2007 and have now been replaced again by the new Emergency Powers Regulations 2008.