Port Moresby, 12 December 1969
10126. Confidential Priority
Gazelle
My assessment of 9th December.1 Consideration was given here today to desirability of holding special session of House of Assembly to pass legislation which would enable Administration to cope with existing Rabaul situation. Factors taken into account in discussion were:
(1) Demand by Gazelle Councillors for firm Administration action in preventing further vicious and unprovoked assaults being made on persons going about their lawful business and action to remedy existing situation where law abiding citizens live in fear of serious injury.
(2) Requests by such persons as delegations of Sepik leaders and Peter Johnson MHA Angoram for Administration to take action to restore order.
(3) Assessment by Police Commissioner that if additional powers not obtained police strength in Rabaul may need to be stepped up considerably.
(4) Belief that Rabaul situation could deteriorate at any time to extent that some additional powers would be essential to control it. February 23rd meeting of House would be too late to meet next real emergency in the Gazelle Peninsula.
Additional powers sought would fall short of emergency legislation and would provide powers generally available in Australian states. Whitrod and seclaw2 have gone to Rabaul today to assess situation and seclaw will advise precise details of legislation required based on this assessment early tomorrow. A binding over power to enable judges and magistrates to bind over persons likely to commit breaches of the peace and a general search warrant power are considered to be necessary. The feeling here is that the House of Assembly would strongly support this type of legislation and that [as situation]3 in Rabaul is explosive and could deteriorate at any time, it is considered the sooner these powers are obtained the better.
Having regard to drafting requirements and time to assemble members, a meeting could not be held before 5th January 1970 at earliest. Special meeting proposal would need to be cleared with A.E.C. at meeting on 17th December. On balance it is considered here that we should go ahead with preparations for special meeting and submit formal recommendation after the A.E.C. meeting on 17th December. Curtis will be in touch on draft legislation at earliest.4
[NAA: A452, 1969/5256]
1 Document 341.
2 That is, the Secretary for Law, L.J. Curtis.
3 Text in original corrupted; text in parenthesis represents an editorial interpretation.
4 Hay travelled to Australia shortly after drafting this telex because he was anxious to discuss with Barnes the idea of an emergency session—and, more generally, the ‘incidents in Rabaul had made a very big impression on me and I thought I ought to pass them on to Barnes’. Hay also persuaded the Minister to make an unscheduled visit to PNG (Hay interview, 1973–4, NLA: TRC 121/65, 5:2/20).