THE HONGKONG GOVERNMENT GAZETTE, 11TH JUNE, 1881.
A.D. 1881.
461
2. The Army Discipline and Regulation Act, 1879, shall be and remain in force during the periods herein-after mentioned, and no longer, unless otherwise provided by Army Discipline and Parliament; that is to say,
Regulation Act (42
be in force for speci-
(1.) Within the United Kingdom, the Channel Islands, and the Isle of Man, from & 45 Vict. e. 33.) to;
the thirtieth day of April one thousand eight hundred and eighty-one to fied times. the thirtieth day of April one thousand eight hundred and eighty-two, both inclusive; and
(2.) Elsewhere, in Europe, inclusive of Malta, also in the West Indies and America, from the thirty-first day of July one thousand eight hundred and eighty-one to the thirty-first day of July one thousand eight hundred and eighty-two, both inclusive; and
(3.) Elsewhere, whether within or without Her Majesty's dominions, from the thirty-first day of December one thousand eight hundred and eighty-one to the thirty-first day of December one thousand eight hundred and eighty-two, both inclusive;
and the day from which the Army Discipline and Regulation Act, 1879, is continued in any place by this Act is in relation to that place referred to in this Act as the commencement of this Act.
The Army Discipline and Regulation Act, 1879, while in force shall apply to 42 & 43 Vict. c. 33. persons subject to military law, whether within or without Her Majesty's dominions.
A person subject to military law shall not be exempted from the provisions of the Army Discipline and Regulation Act, 1879, by reason only that the number of the forces for the time being in the service of Her Majesty, exclusive of the marine forces, is either greater or less than the number herein-before mentioned.
billeting.
3. There shall be paid to the keeper of a victualling house for the accommodation Prices in respect of provided by him in pursuance of the Army Discipline and Regulation Act, 1879, the 42 & 43 Vict. c. 33. prices specified in the Schedule to this Act.
AMENDMENTS OF ARMY DISCIPLINE AND REGULATION ACT, 1879.
4. (1.) On and after the commencement of this Act, where a soldier on active service is guilty of an aggravated offence of drunkenness, or of an offence of disgraceful conduct, or of any offence punishable with death or penal servitude, it shall be lawful for a court-martial to award for that offence such summary punishment other than flogging as may be directed by rules to be made from time to time by one of Her Majesty's Principal Secretaries of State; and such summary punishment shall be of the character of personal restraint or of hard labour, but shall not be of a nature to cause injury to life or limb, and shall not be inflicted where the confirming officer is of opinion that imprisonment can with due regard to the public service be carried into execution.
(2.) The said summary punishment shall not be inflicted upon a non-commissioned officer, or upon a reduced non-commissioned officer, for any offence committed while holding the rank of non-commissioned officer.
(3.) "An aggravated offence of drunkenness" for the purposes of this section means drunkenness committed on the march or otherwise on duty, or after the offender was warned for duty, or when by reason of the drunkenness the offender was found unfit for duty; and notwithstanding anything contained in the Army Discipline and Regulation Act, 1879, it shall not be incumbent on the commanding officer to deal summarily with such aggravated offence of drunkenness.
(4.) "An offence of disgraceful conduct" for the purposes of this section means any offence specified in section eighteen of the Army Discipline and Regulation Act, 1879.
(5.) For the purpose of commutation of punishment the summary punishment above mentioned shall be deemed to stand in the scale of punishments next below penal servitude.
(6.) Any punishment which may, in pursuance of the Army Discipline and Regulation Act, 1879, be awarded in addition to imprisonment, may also be awarded in addition to a summary punishment under this section.
an
Summary punishment.
martial,
5. (1.) Where a person subject to military law and being on active service with Summary court- any body of forces is charged, on and after the commencement of this Act, with offence against the Army Discipline and Regulation Act, 1879, a summary court-martial may be convened and shall have jurisdiction to try such offence, if the officer convening the court is of opinion that an ordinary court-martial cannot, having due regard to the public service, be convened to try such offence.