(a) by being subjected to a condition, restriction or dis- ability to which a person of another such description is not made subject; or (b) by the according to a person of another such descrip- tion of a privilege or advantage which is not accorded to that person; where the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by race, colour or creed of the per- sons concerned. (2) Subsection (1) of this section shall not apply to anything which (a) is expressly or by necessary implication authorized to be done by any law to which subsection (3), (4) or (5) of section 76 applies; or (b) is done under the authority of any other law in such circumstances that, if the doing of that thing in those circumstances had been expressly or by necessary implication authorized by that law, subsection (4) of the said section 76 would have applied thereto. (3) Nothing in this section shall affect any discretion relat- ing to the institution, conduct or discontinuance of civil or criminal proceedings in any court vested in any person by or under this Constitution or any other law. Saving for periods of public emergency. 78. (1) Nothing contained in any law shall be held to be inconsistent with or in contravention of any of the following pro- visions of this Chapter, that is to say, section 67, 70, 71, 72 (other than subsection (4) thereof), 73, 74, 75, 76 or 77 to the extent that the law in question makes provision with respect to the taking during any period of public emergency of action for the purpose of dealing with any situation arising during that period; and nothing done by any person under the authority of any such law shall be held to be in contravention of any of the said provisions unless it is shown that the action taken exceeded anything which, having due regard to the circumstances prevailing at the time, could reasonably have been thought to be required for the purpose of dealing with the situation in question. (2) If any person who is lawfully detained only by virtue of such a law as is mentioned in subsection (1) of this section so requests at any time during the period of that detention not earlier than twelve months after he last made such a request during that
period, his case shall be submitted to a tribunal for their recom-50
