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PostPosted: Sat Oct 29, 2016 8:15 am
by Eredion
Can we do something about the violent protest right in front of the parliament?

[SIC] Cabinet only

PostPosted: Sat Oct 29, 2016 8:37 am
by Ainin
Can we please close this thread to non-cabinet members? There's no point in having a cabinet meeting thread if anyone can post here.



Also, here's that promised police bill. Section 8 still needs some work.


Federal Policing Act
| Author: The Hon. Samantha Chow (SEP), Secretary of Public Services |
| Sponsor: Government |

An Act to establish a law enforcement service of federal remit; to define and empower the offices of constable and special constable; to provide for a mechanism of posse comitatus; to establish an independence police investigation authority; to ensure safety on public transportation networks; to provide for police powers and regulations; to reorganise the National Fisheries Service; to reorganise the Wildlife Protection Agency; to dissolve the Capital Police Force; to amend the Criminal Code of Elizia; to repeal the Emergency Policing Act; and for connected purposes.



Definitions

  • Sections 2-5 and 8 of this Act apply to all law enforcement officers and agencies in Elizia.
  • Non-political felonious conviction: A prison sentence of two years or more in length for reason other than convictions from December 2015 or earlier that were political in nature.
  • (Police) oath of office: I, (name), do sincerely swear that I will faithfully serve as a constable of the (law enforcement agency), with all the powers and responsibilities thereof. While a constable, I will uphold the laws and Constitution of Elizia, serve and protect without malice nor favour, discharge the duties required of my office, and defend the peace and dignity of the federation. So help me God.
  • (Police) affirmation of office: I, (name), do solemnly and truthfully affirm that I will dutifully serve as a constable of the (law enforcement agency), with all the powers and responsibilities thereof. While a constable, I will uphold the laws and Constitution of Elizia, serve and protect without malice nor favour, discharge the duties required of my office, and defend the peace and dignity of the federation.
  • Police officer: Any constable or special constable.
  • Arrest declaration: I am placing you under arrest on suspicion of (crime). You have the right to remain silent. You have the right to a phone call. You may be detained for up to 72 hours without charge.
  • Riot declaration: As a duly sworn and empowered constable, I declare this assembled group of persons in breach of the peace and dignity of the state. In the name of the Constitution and Parliament of Elizia, I order all participants to peacefully disperse on pain of arrest under Section 3 of the Criminal Code.
  • Semi-automatic firearm: A firearm that only fires once for each pull of the trigger. For the exclusive purpose of this Act, it shall only be read to include pistols, shotguns and self-loading rifles.
  • Removal for cause: For the exclusive purposes of this Act, it shall be taken to mean death, incapacitation, voluntary resignation, criminal conviction or gross negligence.
  • Terrorist or infamous offence: Terrorism (§3c Criminal Code), terrorist propagandising (§3e CC), crimes against humanity (§6 CC), usury (§14c CC), narcotics smuggling (§17d CC), subversion (§18 CC), assassination (§20 CC), tax evasion (§21 CC), obstruction of a state official (§22a CC), fraud against the state (§23 CC), government impersonation (§24a CC) and passport fraud (§24d CC).
  • For the purposes of this act, "death" and "severe injury" only apply to human beings.

§1 - Changes to existing legislation

  1. The Emergency Policing Act is hereby repealed and shall cease to have effect in the territory of the Federation of Elizia.
  2. Section 1B(e) of the Fishery Regulation Establishment Act is hereby repealed and shall cease to have effect in the territory of the Federation of Elizia.
  3. The Helping And Rescuing Animals and Mammals Beaten Endlessly Act is hereby amended as follows.
    For Section 2c, substitute—
    c. Under the WPA shall be duly-empowered constables with the responsibility of enforcing federal environmental and wildlife legislation. WPA constables shall be:
    i. designated as "Wildlife Protection Agents", and shall be separate from standard Elizian police,
    ii. administrated and controlled by the Director of the WPA,
    iii. certified as authorised firearms officers,
    iv. enabled with the necessary powers to enforce Elizian environmental and wildlife legislation,
    v. authorised to use all necessary force to carry out their statutory duties and responsibilities.
  4. The Criminal Code of Elizia is hereby amended as follows.
    a. In Section 19b for "misdemeanour" substitute "summary offence punishable as a misdemeanour" and strike "An individual convicted of contempt of court shall be sentenced to no more than a fine equivalent to 50% of monthly income."
    b. In Section 22 for sub-section b, substitute—
        Whoever maliciously obstructs the work of a police officer, by means such as but not limited to (i) failing to cede right-of-way to a police vehicle with activated sirens, (ii) interfering with a police investigation or pursuit, (iii) refusing to heed an invocation of the power of posse comitatus, (iv) assisting in the concealment of a fugitive, and (v) resisting arrest, is guilty of obstruction of the police, a misdemeanour. An individual convicted of obstruction of the police shall be sentenced to no more than twenty-four (24) months' imprisonment and a fine equivalent to 200% of monthly income.

§2 - Offices of constable and special constable

  1. The office of constable is hereby established. Constable is the basic office held by full law enforcement officers.
  2. Constables are full members of the Federal Civil Service endowed with all the rights thereof and shall be employed based on the qualifications enumerated by the Federal Civil Service Act. They are not subject to the ordinary proceedings of the Federal Employment Ethics Board or the Federal Employment Commission.
  3. Individuals shall be appointed to the office of constable when—
    a. they possess a valid certificate of graduation from an accredited secondary school, or recognised foreign equivalent, AND,
    b. they pass a six-week certification course according to the curriculum and criteria set by the Home Office, AND,
    c. they are a lawful citizen or permanent resident of the Federation of Elizia, AND,
    d. they hold no prior non-political felonious convictions, AND,
    e. they take the oath or affirmation of office, AND,
    f. they are issued a commission towards that purpose by the Home Secretary or a representative thereof.
  4. All references to "law enforcement officers," "law enforcement agents," or equivalent, in existing legislation shall be interpreted to refer to the office of constable.
  5. The office of special constable is hereby established. Special constables are auxiliary police officers with reduced jurisdiction and powers.
  6. Special constables are not members of the Federal Civil Service. They may be dismissed at day's notice by order of the Home Secretary or of any police officer of rank chief inspector or above.
  7. Individuals shall be appointed to the office of constable when—
    a. they are eighteen (18) years of age, or above, AND,
    b. they hold no prior non-political felonious convictions, AND,
    c. they are issued a written or oral writ towards this purpose by an officer of rank chief inspector or above.
  8. All references to "police auxiliaries," or equivalent, in existing legislation shall be interpreted to refer to the office of special constable.
  9. All existing officers of the Wildlife Protection Agency, West Elizia Provincial Police, East Elizia Provincial Police, Southern Isles Constabulary, Kelapas Provincial Police, and Jinyu Provincial Police are recognised as constables, notwithstanding the qualifications enumerated in this Act. All United Nations peacekeepers are recognised as special constables.

§3 - Duties and responsibilities of police officers

  1. All police officers have a duty to maintain the peace and dignity of the state, enforce the laws of the federal and provincial governments, and protect public safety and order.
  2. All police officers have a duty, above all else, to prevent the general public from coming to harm as a result of criminal actions.
  3. All police officers have a duty to respect the laws and bylaws of Elizia, their province and their municipality.
  4. All police officers have a duty to intervene in criminal incidents that they are a witness to.
  5. All police officers have a duty to come to the assistance of distressed persons to whom they can provide reasonable assistance.
  6. Police officers have the responsibility to make their identification number and name tag visible to members of the public at all times.
  7. Police officers have the responsibility to enforce the law in an impartial manner and to refrain from intervening in any situation that would pose a conflict of interest where possible.
  8. Police officers have the responsibility to use the least quantity of force as required by the extant circumstances in executing their powers.
  9. Police offiers continue to bear their duties, but not their responsibilities, while off-duty.

§4 - Powers held by police officers

  1. Constables shall have the power to arrest any individual (i) caught in flagrant delict, (ii) with an arrest warrant issued in their name, (iii) with an outstanding indictment to their name, (iv) who has absconded from the lawful custody of the Detention Service, a law enforcement agency or a mental institution, or (v) who has violated a restraining or exclusionary order, and to bring them into the custody of the local constabulary. This is the power of arrest.
  2. To effect the power of arrest, the constable must read the arrest declaration at the earliest convenience after an arrest.
  3. Constables shall have the power search any person and to make intrusion upon any property, search the premises, and seize potential evidence under the terms of a valid search warrant issued by the Department of Justice, Elizian Business Regulator, or a court of law. This is the power of warranted search.
  4. To effect the power of warranted search, the constable must clearly announce themselves as a constable exercising a search warrant prior to making entry. The constable may waiver the announcement if an armed and dangerous person is believed to be located on the property.
  5. Constables shall have the power to deem a gathering disorderly and order its immediate dispersal on pain of arrest under Section 3b of the Criminal Code. This is the power of dispersal.
  6. To effect the power of dispersal, the constable must first read to the crowd the riot declaration and give members of the public a reasonable opportunity to disperse. Whoever fails to disperse in a timely manner after the reading of the riot declaration may be dispersed by any lawful means necessary.
  7. Constables shall have the power to compel any member of the public to assist them in the pursuit or apprehension of a suspect either by providing physical assistance to the constable or by temporarily surrendering a vehicle or other possession to the constable for use in the pursuit. This is the power of posse comitatus.
  8. To effect the power of posse comitatus, the constable must clearly indicate their status as constable and their orders to the person that they compel to join the posse comitatus.
  9. Police officers shall have the power to detain without warrant any individual (i) obstructing a public roadway, (ii) who is publically intoxicated, or (iii) who shows signs of mental or physical illness that could give cause to institutionalisation, for up to one hour—after which they must either be released or formally arrested. This is the power of emergency detention.
  10. Police officers shall have the power to detain any individual and remand them to the custody of the Detention Service without hearing nor indictment if ordered imprisoned by a presiding judge for contempt of court. This is the contempt of court enforcement power.
  11. Police officers shall have the power to compel any person to truthfully provide their name and to compel any person operating a motor vehicle to provide their driver's licence. This is the power of identification.
  12. Police officers shall have the power to make intrusion upon any property, search the premises, and seize potential evidence if (i) the property is in the possession, presence, or ownership of a person placed under arrest, (ii) the property consists of a motor vehicle in active operation, or (iii) the constable has strong reason to believe that the delay in obtaining a warrant would pose an unacceptable danger to public safety or order. This is the power of warrantless search.
  13. Police officers shall have the power to search the bodies and personal possessions of any persons (i) placed under arrest, (ii) entering a courthouse, government office, transportation hub or other sensitive site, or (iii) in the custody of a law enforcement agency without warrant. This is the power of personal search without warrant.
  14. Police officers shall have the power to use any reasonable and necessary quantity of force, up to and including lethal force, in the lawful discharge of their other duties and powers.
  15. Constables retain their powers while off-duty.

§5 - Special training provisions

  1. Persons exclusively qualified as constables shall not be empowered to possess electroshock weapons or firearms.
  2. Constables may elect take a four-week course designed and operated by the Home Office to obtain certification as an authorised firearms officer (AFO).
  3. For admission to the AFO certification course, a constable must—
    a. obtain a letter of recommendation from their divisional commander,
    b. have a record of distinguished performance,
    c. have continuously served with a law enforcement agency in Elizia for twenty-four (24) months,
    d. be granted a written letter of admission by the Home Secretary or a representative of the Secretary.
  4. Authorised firearms officers shall be qualified to equip and make use of a semi-automatic firearm while on duty. AFOs shall have the right to carry a pistol or electroshock weapon on their person while on duty.
  5. Patrol vehicles reserved for the use of authorised firearms officers shall be known as "firearms units." Firearms units shall be equipped with a pump-action shotgun or other long-barreled semi-automatic firearm.
  6. AFOs may elect to take a ten-week course designed and operated by the Home Office to obtain certification as a specialist firearms officer (SFO).
  7. For admission to the SFO certification course, a constable must—
    a. obtain a letter of recommendation from their divisional commander,
    b. receive an invitation to enroll in the program from the Home Secretary,
    c. have a record of exemplary and distinguished performance,
    d. have continuously served with a law enforcement agency in Elizia for six (6) years,
    e. have held the qualification of authorised firearms officer for three (3) years.
  8. Specialist firearms officers shall be qualified to equip and make use of all types of firearms and explosives approved for police use. SFOs shall be members of their respective law enforcement agency's tactical unit.
  9. Vehicles reserved for the use of specialist firearms officers shall be known as "tactical units." Tactical units shall be equipped with body armour, ballistic helmets, personal shields, select-fire or full-automatic rifles or submachine guns and semi-automatic firearms.

§6 - Establishment and organisation of the Federal Police Service

  1. There shall exist a Federal Police Service (FPS) responsible for the policing of the Federal Capital District and the investigation of interprovincial and severe crimes. The FPS shall be an independent agency under the Home Office.
  2. The Home Secretary shall appoint a constable to serve as Commissioner of the Federal Police Service (Commissioner). The Commissioner shall only be removed from office for cause.
  3. The FPS shall have leading jurisdiction—
    a. in the Federal Capital District,
    b. in international ports of entry,
    c. onboard trains and aircraft,
    d. on the property of the Elizian Railway Administration,
    e. in courthouses, tribunals, offices and other property of the federal government of Elizia,
    e. on the scene of any terrorist or infamous offence.
  4. The FPS shall have supplementary jurisdiction—
    a. when assisting a provincial police force in an investigation,
    b. when deployed in the provinces by request of the governor for emergency aid to civil power,
    c. when present in Parliament House at the Speaker's invitation.
  5. The following ranks shall be provided for in the Federal Police Service, by order of seniority:
    a. Commissioner (Comm.), head of the FPS,
    b. Deputy commissioner (DComm.), deputy head of the FPS,
    c. Assistant commissioner (AComm.), assistant to the commissioner and deputy commissioner,
    d. Commander (Comd.), responsible for a police region,
    e. Chief superintendent (Ch Sup.), responsible for a police division,
    f. Superintendent (Sup.), assistant to the chief superintendent,
    g. Chief inspector (Ch. Insp.), leading member of the administrative staff or head of a station,
    h. Inspector (Insp.), supervisor or member of the administrative staff,
    i. Sergeant (Sgt.), leading patrol officer,
    j. Police Constable (PC), starting rank.
  6. The FPS shall be divided into a series of regions, both geographical and administrative. Geographcal regions are to be "West Elizia and Southern Isles", "East Elizia", "Kentang Proper", "Federal Capital District", "Jinyu", and "Kelapas". Administrative regions are to be "Logistics", "Administration", "Firearms Command", "Transportation", and "Customs and Immigration".
  7. Geographical regions within the Federal Capital District shall furthermore be subdivided into divisions roughly corresponding to neighbourhoods or small towns.
  8. The FPS shall maintain and operate a necessary quantity of stations to provide adequate policing for the Federal Capital District.

§7 - Equipment and units of the Federal Police Service

  1. Constables of the Federal Police Service on regular patrol shall have on their persons—
    a. A navy blue beret or peaked cap,
    b. A service uniform consisting of a navy blue dress shirt and trousers,
    c. A utility belt equipped with a truncheon, a pen and notepad, a container of incapacitating agent, and a pair of handcuffs or disposable restraints,
    d. A two-way radio.
  2. Constables may additionally wear a stab- or bullet-resistant vest if authorised by an officer of rank inspector or above.
  3. Patrol vehicles of the Federal Police Service must contain a flashlight, a first aid kit, and a knife or other cutting tool.
  4. The FPS shall maintain a Tactical Operations Unit to provide security to federal officials, protect sensitive events from attack, respond to dangerous situations, and execute warrants against dangerous or sensitive targets. It shall be lead by a chief superintendent.
  5. Each geographical region of the FPS shall maintain a Detective Branch to investigate criminal acts and conspiracies. They shall be lead by chief superintendents.

§8 - Elizian Inspectorate of Constabulary

  1. There shall exist an Elizian Inspectorate of Constabulary (Inspectorate) under the Department of Justice Criminal Law Division to investigate any incident where severe police misconduct is suspected. The Inspectorate has jurisdiction over any law enforcement agency within the territorial extent of the Elizian Federation.
  2. The Inspectorate shall automatically assume the primary role in any investigation where—
    i. a death, severe injury or disappearance occurs in police custody,
    ii. a death or severe injury occurs to a civilian as a result of police action,
    iii. a firearm is discharged as part of a police operation,
    iv. the riot declaration is read to a crowd of over one hundred (100) persons.
  3. The Inspectorate shall have the authority, by a majority vote of the Commission, to assume the lead in any police investigation where:
    i. a police officer is killed or injured in the line of duty,
    ii. a firearm is discharged as part of a police operation,
    iii. a person has absconded from the custody of law enforcement.
  4. Civilian complaints that a police officer has abused their powers, failed in their duties and responsibilities or committed a severe criminal act shall be handled by the police force in question. If the police force fails to conclude the investigation in a satisfactory or timely manner, the plaintiff shall have the authority to appeal to the Inspectorate.
  5. The Inspectorate shall have the authority to undertake any appeal, and to requisition as many police resources as are required to bring the investigation to a satisfactory conclusion, by majority vote of the Commission.
  6. The Inspectorate shall be led by an Executive Commission (Commission) of three (3) commissioners, whose members shall—
    i. not have had any employment, past or present, with a law enforcement agency,
    ii. not hold any partisan or political office,
    iii. hold qualifications equal or superior to that of federal judges.
  7. The Commission is an administrative tribunal and its members shall be appointed by the Judicial Appointments Commission. It shall have the power of subpoena and to issue lawful warrants.
  8. The proceedings of the Inspectorate shall be for the public record, but private or sensitive information may be redacted prior to publication.
  9. The Commission shall have the authority to—
    i. issue a determination of civil responsibility, which may then be appealed to the Federal Court of Cassation,
    ii. recommend criminal prosecution of police officers to the Department of Justice Criminal Law Division,
    iii. remand a case to police discipline boards with instructions to open disciplinary procedures against their officers,
    iv. refer a police officer to the Federal Employment Ethics Board for termination proceedings if the internal discipline board refuses to act on the matter.
  10. The Inspectorate shall not possess jurisdiction over any officer of the United Nations.

§9 - Police discipline boards

  1. All law enforcement agencies in the Federation of Elizia must maintain an internal discipline board, responsible for investigating civilian complaints and disciplining police officers.
  2. Police discipline boards shall be composed of persons who hold qualifications equal or superior to that of municipal arbitrators and shall have access to any of the agency's resources as may be required. Members shall be appointed by the chief executive of the respective law enforcement agency.
  3. In the event of a finding of severe infraction of criminal or legal responsibility, the boards shall have the authority to refer the case to the Inspectorate for further investigation or to recommend prosecution to the Department of Justice Criminal Law Division for dereliction of duty.
  4. Police disciplinary boards shall have the authority to unilaterally deprive any individual of the office of special constable without possibility of appeal.
  5. Police discipinary boards shall have the authority to deprive any individual of the office of constable after a finding of severe misconduct, subject to appeal to the Federal Employment Ethics Board.

§10 - Dissolution of the Capital Police Force

  1. The Capital Police Force is hereby dissolved with immediate effect.
  2. All existing officers of the Capital Police Force shall become constables of the Federal Police Service with immediate effect.
  3. All vehicles, equipment and other property held by the Capital Police Force shall be turned over to the Federal Police Service.
  4. The incumbent Commissioner of the Capital Police Force shall become Commissioner of the Federal Police Service upon the promulgation of this Act.

§11 - Entry into force

  1. This act shall come into effect upon the moment of its promulgation by the respective authority.
  2. This act may be cited by the short title of "Federal Policing Act (2016)".
  3. No secondary legislation enacted by the Commissioner of the Federal Police Service under this Act shall come into force in the event that—
    a. a parliamentary motion to reconsider the instrument obtains seven (7) seconds and the house fails to sustain the legislation, or,
    b. the Home Secretary rescinds it.

PostPosted: Sat Oct 29, 2016 9:58 am
by Roosevetania
Tumbra wrote:
Roosevetania wrote:What is this? The shadow Government?

This...is the actual government, as the name would suggest.

Okay. Thanks.
Ainin wrote:
Roosevetania wrote:What is this? The shadow Government?

Mate, you're the opposition.

Well, duh, I know that!

PostPosted: Sat Oct 29, 2016 10:02 am
by Eredion
"c. when present in Parliament House at the Speaker's invitation."
Like the sound of that.

Curious: Do we still have the death penalty left over from the old dictatorship days?

PostPosted: Sat Oct 29, 2016 10:03 am
by Tumbra
Eredion wrote:"c. when present in Parliament House at the Speaker's invitation."
Like the sound of that.

Curious: Do we still have the death penalty left over from the old dictatorship days?


Nope. Constitution has "every person has the right to life" in it or some other nonsense.

PostPosted: Sat Oct 29, 2016 10:05 am
by Eredion
Tumbra wrote:
Eredion wrote:"c. when present in Parliament House at the Speaker's invitation."
Like the sound of that.

Curious: Do we still have the death penalty left over from the old dictatorship days?


Nope. Constitution has "every person has the right to life" in it or some other nonsense.

Dangit. It´s a shame really, to waste space on high security facilities for serial killers, when we are a tiny island nation... ;)

PostPosted: Sat Oct 29, 2016 10:07 am
by Ainin
PART I: THE BILL OF RIGHTS
Article I - Right to life
  1. The right to life is unalienable. No government or agent thereof shall deprive any human being of life.
  2. This article shall not be taken to prohibit the use of the minimum quantity of lethal force required by law enforcement to:
    a. terminate a real, immediate and present threat to public safety and the lives of other human beings;
    b. quell armed insurrection or attack against the democratic government and institutions of the Elizian Republic;
    c. prevent the escape of persons lawfully incarcerated under the Penal Code of Elizia.
  3. Every human being shall have the right to be counted as a person in the eyes of the Census and all other government functions.

PART VII: AMENDMENTS TO THE CONSTITUTION
Article IV - Unmodifiable Articles
  1. The first thirteen articles of the Bill of Rights, as well as the Article on Judicial Review, as well as the first two clauses of the Article stating Powers Not Held By The Speaker, may not be modified or removed in any way; this is to protect the basic structure of the Constitution, the ability of the courts to ensure the constitutionality of laws, the inherent dignity and rights of the members of the Parliament of Elizia, and above all the rights to which all Elizians are to be endowed with from this day until the last day.
Capital punishment is perpetually banned with no lawful means of restoring it.

PostPosted: Sat Oct 29, 2016 10:09 am
by Tumbra
Ainin wrote:Can we please close this thread to non-cabinet members? There's no point in having a cabinet meeting thread if anyone can post here.


I believe that still applies. Can we add that to the OP?

PostPosted: Sat Oct 29, 2016 10:16 am
by The Miaphysite Church of Coptic Archism
Policing act looks great Ainin, if it's open for sponsorships, slap my name on.

And yeah, the death penalty ban is totally locked into the constitution. I wonder what it would take to swap out for a very similar constitution with one or two changes. :p

PostPosted: Sat Oct 29, 2016 11:34 am
by Eredion
The Miaphysite Church of Coptic Archism wrote:Policing act looks great Ainin, if it's open for sponsorships, slap my name on.

And yeah, the death penalty ban is totally locked into the constitution. I wonder what it would take to swap out for a very similar constitution with one or two changes. :p

Or just don´t follow it at all, like some other big Asian country. :D

PostPosted: Sat Oct 29, 2016 2:20 pm
by World Anarchic Union
The Police Act looks very good and detailed. I was wondering, though, maybe a pilot project could be introduced to have community policing in certain areas? What do you think about that?

Also, am I responsible for RPing as the police in situations such as the anti-government protests that are occurring now as the Secretary of State for Home Affairs?

PostPosted: Sat Oct 29, 2016 3:22 pm
by Greater Istanistan
World Anarchic Union wrote:The Police Act looks very good and detailed. I was wondering, though, maybe a pilot project could be introduced to have community policing in certain areas? What do you think about that?

Also, am I responsible for RPing as the police in situations such as the anti-government protests that are occurring now as the Secretary of State for Home Affairs?


If anyone's wondering, I'm pretty sure the protests are intended to provoke a response from the police, which could then be used to escalate the crisis into a forced government resignation or all-out war in the streets which the Liberals seem to think they could win. I'm pretty sure, however, that such actions won't be needed. We seem to have far more easily mobilized bases, and at this point a peaceful counterprotest of the kind that the ENC is currently holding would be the way to go. There's no reason to assume that we have to deal with this violently, and a show of support for actual democracy and against their deliberate assault on peace, public order, and the constitution would do far more for our cause and the health of the country than a state response ever could.

PostPosted: Sat Oct 29, 2016 3:40 pm
by World Anarchic Union
Greater Istanistan wrote:
If anyone's wondering, I'm pretty sure the protests are intended to provoke a response from the police, which could then be used to escalate the crisis into a forced government resignation or all-out war in the streets which the Liberals seem to think they could win. I'm pretty sure, however, that such actions won't be needed. We seem to have far more easily mobilized bases, and at this point a peaceful counterprotest of the kind that the ENC is currently holding would be the way to go. There's no reason to assume that we have to deal with this violently, and a show of support for actual democracy and against their deliberate assault on peace, public order, and the constitution would do far more for our cause and the health of the country than a state response ever could.

Well,I didn't say I would intervene. I just asked if I have the ability/responsibility to RP as the police in certain instances.

PostPosted: Sat Oct 29, 2016 10:57 pm
by Tumbra
World Anarchic Union wrote:Well,I didn't say I would intervene. I just asked if I have the ability/responsibility to RP as the police in certain instances.


That's for the Chief Police Commisioner.

PostPosted: Sat Oct 29, 2016 11:05 pm
by Ainin
Tumbra wrote:
World Anarchic Union wrote:Well,I didn't say I would intervene. I just asked if I have the ability/responsibility to RP as the police in certain instances.


That's for the Chief Police Commisioner.

More specifically, Filimons.

I think that the best course of action to take in order to avoid a riot is to have (the ENC leader whose name I can never remember) go out and talk to the ENC members to get them to peacefully stand down and disperse, while using Section 3b of the Criminal Code (see below) to declare the liberal protesters in disorderly assembly and to order them to disperse.

    b. Whoever (i) fails to follow a lawful police instruction to disperse or to engage in some other proactive action for the purpose of the maintenance of public order, or (ii) causes a disturbance in a public area that upsets peace and order, is guilty of disorderly conduct, a misdemeanour. An individual convicted of disorderly conduct shall be sentenced to no more than eight (8) weeks' imprisonment and a fine equivalent to 50% of monthly income.

PostPosted: Sat Oct 29, 2016 11:12 pm
by Eredion
And what if they don´t disperse.

PostPosted: Sat Oct 29, 2016 11:28 pm
by Ainin
Eredion wrote:And what if they don´t disperse.

The hope is that their leaders will agree to disperse so that a riot doesn't occur.

If they won't disperse, then it might be time to summon the riot police.

PostPosted: Mon Oct 31, 2016 5:21 am
by Ainin

Enabling (Kentang Metro) Act
| Author: The Hons. Samantha Chow (SEP), Secretary of Public Services; Richard Lam (EFP), Secretary of State for Infrastructure |
| Sponsor: Government |

An Act to enable the construction of the Kentang Metro; to empower the Elizian Housing Authority; and for connected purposes.



§1 - Expropriation

  1. The properties identified in the Kentang Transport Authority's New Rail for a New Kentang construction report and the Elizian Housing Agency's transport-oriented development plan are hereby expropriated by the federal government pursuant to Article IX, Section III of the Declaration of the Rights of Elizian Citizens, Residents and Non-Resident Aliens.
  2. The Kentang Metropolitan Council shall serve affected residents with notice of expropriation within thirty (30) days of the passage of this Act.
  3. No resident shall be evicted until they can be resettled by the Elizian Housing Authority or compensated and any outstanding judicial review relevant to the resident in question is complete.
  4. Whoever unlawfully interferes with the expropriation process is liable for an administrative offence with a maximum fine of US$30.
  5. No resident shall be prosecuted by the Department of Justice for trespassing or obstructing a government officer in relation to the expropriation process.

§2 - Elizian Housing Authority Directives

  • The Elizian Housing Authority shall contract an independent auditor to assess property values.
  • The Elizian Housing Authority is hereby directed to build transport-oriented high-rise developments on or near the site of the Kentang Metro as public housing units for the resettlement of displaced homeowners in addition to existing statutory requirements.
  • Any resident that declines resettlement shall be compensated according to their property's market value.
  • Any commercial or otherwise non-resident property owner shall be compensated according to their property's market value.

§3 - Kentang Housing Tribunal

  • The Kentang Housing Tribunal is constituted as an administrative court under the jurisdiction of the Department of Justice.
  • The membership of the Kentang Housing Tribunal shall be variable and appointed by the Judicial Appointments Commission.
  • Any resident that (i) believes their property to have been wrongly assessed, (ii) faces premature eviction, or (iii) believes that their property was wrongly stated for expropriation, may appeal to the Kentang Housing Tribunal.
  • The Kentang Housing Tribunal shall rule based on the balance of probabilities.
  • The Kentang Housing Tribunal shall have the power to authorise the following remedial actions:
    a. Issue a writ of mandamus ordering the Housing Authority to perform a re-assessment of the property value,
    b. Issue a writ of prohibito ordering the Kentang Metropolitan Council to cease premature eviction proceedings against an individual,
    c. Issue a writ of quo warranto ordering the Kentang Metropolitan Council to demonstrate that the property in question falls under Section 1 of this Act.
  • A compulsory eviction notice shall only come into force with the signature of a judge of the Kentang Housing Tribunal.

§4 - Entry into force
  1. This act shall come into effect upon the moment of its assent by the respective authority.
  2. This act may be cited by the short title of "Enabling (Kentang Metro) Act (2016)".
  3. Section 3 of this Act shall be struck out and cease to have effect upon the completion of the expropriation process.

PostPosted: Mon Oct 31, 2016 10:43 am
by Greater Istanistan
Couple questions/comments/concerns from your ever-loyal Housing Health and Welfare Secretary. If they're addressed, I'll happily co-sponsor.

So with these transport-oriented high rises, would they end up being public housing, or end up being sold off on the private market? I'm just curious, because the bill doesn't seem very clear on that. If the latter, I'd personally advise making sure that in apartment sales, original residents of the area are given first stab at bidding so that they can stick with their old neighborhood, and at market prices for their previous apartments so that this doesn't just turn into an unintended mass purge of the poor from the new transportation-heavy areas.

I'd assume the current construction would be separate and distinct from the aims in the Second Amendment to the Public Housing Bill, and go above and beyond that? I'm definitely good with that, but it might be OK to specify that this particular bill is separate from the demands of the existing extension to prevent legal confusion and promote clarity.

Finally, I'd personally prefer to make the residence in the new public housing temporary. It'd be best to save slots for people in more dire need, and honestly there are a lot of people whose property would have been expropriated that wouldn't need or qualify for public housing in general circumstances and who don't need public support making rent, but who might jump at the chance to take it. We could do a lot of good here, but we have to be careful about priorities.

PostPosted: Wed Nov 02, 2016 10:10 am
by Ainin
Greater Istanistan wrote:Couple questions/comments/concerns from your ever-loyal Housing Health and Welfare Secretary. If they're addressed, I'll happily co-sponsor.

So with these transport-oriented high rises, would they end up being public housing, or end up being sold off on the private market? I'm just curious, because the bill doesn't seem very clear on that. If the latter, I'd personally advise making sure that in apartment sales, original residents of the area are given first stab at bidding so that they can stick with their old neighborhood, and at market prices for their previous apartments so that this doesn't just turn into an unintended mass purge of the poor from the new transportation-heavy areas.

The intent was to build it as public housing. I'll edit the wording to be more clear and concise in regards to this. Anyone whose home is seized during the construction process will be eligible for relocation to a new, modern apartment unit in their previous neighbourhood, which should help preserve demographics and communities -- especially considering the fact that they will not be able to sell their state-owned housing and move away to make a quick buck.

I'd assume the current construction would be separate and distinct from the aims in the Second Amendment to the Public Housing Bill, and go above and beyond that? I'm definitely good with that, but it might be OK to specify that this particular bill is separate from the demands of the existing extension to prevent legal confusion and promote clarity.

Good point. I'll change the wording.

Finally, I'd personally prefer to make the residence in the new public housing temporary. It'd be best to save slots for people in more dire need, and honestly there are a lot of people whose property would have been expropriated that wouldn't need or qualify for public housing in general circumstances and who don't need public support making rent, but who might jump at the chance to take it. We could do a lot of good here, but we have to be careful about priorities.

I would be opposed to that. We have a constitutional obligation to compensate homeowners anyways, so we are going to be spending this money either way. I would rather spend it on building public housing units that serve as a nucleus to kickstart mixed-use urban development and that preserve the demographics of preexisting neighbourhoods than to just write checks to the names of a bunch of landowners. The legal case that the state can charge you rent for new accommodations after expropriating your house would be very weak.

Also, a general question to all: Should the bill be renamed? Even though it is properly named according to parliamentary tradition, it unfortunately shares a short title with... you know.

PostPosted: Wed Nov 02, 2016 10:23 am
by Greater Istanistan
That's all fair. In the final case, I was suggesting that the people moving into public housing from expropriated apartments would only temporarily be there, and would have a different residence status than people normally on the program. This is so that these people can get back to their own original neighborhoods and so that spots in the new public housing are opened up for people who are actually homeless or in extreme poverty. Our aim is to house the expropriated residents only until we can get them back on their own two feet, and we don't want people in public housing to stay there forever if they don't actually need it. That's what I was trying to get at.

PostPosted: Fri Nov 04, 2016 6:34 am
by Ainin
The Federal Policing Act and the Enabling Act have been updated to reflect some concerns.



World Anarchic Union wrote:The Police Act looks very good and detailed. I was wondering, though, maybe a pilot project could be introduced to have community policing in certain areas?

That can be implemented by executive fiat; we don't need to include the provision in an Act of Parliament in my opinion.

Greater Istanistan wrote:That's all fair. In the final case, I was suggesting that the people moving into public housing from expropriated apartments would only temporarily be there, and would have a different residence status than people normally on the program. This is so that these people can get back to their own original neighborhoods and so that spots in the new public housing are opened up for people who are actually homeless or in extreme poverty. Our aim is to house the expropriated residents only until we can get them back on their own two feet, and we don't want people in public housing to stay there forever if they don't actually need it. That's what I was trying to get at.

The intention is to build these new high-rise developments on the sites of the previous neighbourhoods, so that the residents are not displaced at all. If our goal is to only help expropriate residents figure out their own long-term housing, then we wouldn't be building these units in the first place. Even though these people wouldn't be normally eligible for public housing, this presents the best option because it preserves the neighbourhood's demographics while forming nuclei of modern development centered around metro stations. Any alternative would be significantly worse for the displaced residents.

PostPosted: Fri Nov 04, 2016 8:25 am
by Greater Istanistan
That makes sense, thanks. I look towarda this bill's passage!

PostPosted: Sat Nov 05, 2016 10:38 am
by Eredion
What if the retroactive budget were to fail?

PostPosted: Sat Nov 05, 2016 10:41 am
by Tumbra
Eredion wrote:What if the retroactive budget were to fail?


Then we go back to elections for President, hurrah!