1970 Ed.]
Compulsory Service.
[CAP. 246
7
(e) in the case of a person provisionally selected for service in the Royal Hong Kong Regiment or the Royal Hong Kong Auxiliary Air Force that he conscientiously objects to undergoing military training or to performing combatant duties. (Amended, 98 of 1970, Schedule)
(2) Any such objection shall be made in writing to the Director within seven days of the date of service upon such person of the provisional notice.
11. (1) There shall be a Compulsory Service Tribunal to hear and determine objections under section 10, including claims under section 7. Such Tribunal shall consist of a judge of the Supreme Court to be appointed by the Chief Justice as occasion may require assisted by two assessors selected by the Governor from a panel constituted by him for the purposes of this Ordinance.
(2) After the hearing of an objection or claim and such summing up of the evidence and explanation of matters of law as the judge shall consider necessary or expedient, the judge shall require each of the assessors to state his opinion orally and shall record such opinion. The judge shall then give his decision, but in so doing shall not be bound to conform to the opinion of the assessors.
(3) Subject to the provisions of subsection (2) and to the provisions of section 13, the Chief Justice may make rules prescribing the procedure for hearing and determining all matters which may be referred to the Compulsory Service Tribunal by virtue of this Ordinance and for all matters incidental thereto, including rules supplementing the matters prescribed by this section and by section 13.
(4) Any rules made under subsection (3) shall, unless they specify a later date as the date from which they shall come into force, in which case they shall take effect as from such specified date, come into force upon publication in the Gazette:
Provided that section 34 of the Interpretation and General Clauses Ordinance shall apply to any such rules.
(5) The Governor shall further appoint a person to act as Secretary to the Compulsory Service Tribunal.
12. (1) The Director shall refer every objection made under section 10 to the Secretary:
Provided that if the Director is satisfied that the objection is valid and should be wholly allowed, he may reply directly to the objector wholly allowing the objection without reference to the Compulsory Service Tribunal.
(2) The Secretary shall give the objector seven days' notice in writing of the hearing of the objection.
Appointment and constitution of Tribunal to consider objections to compulsory service.
(Cap. 1.)
Reference of objections to Tribunal.