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38. Page 101 (1).-The Proclamations and Notices required by the Secret Order in Council of 26th October, 1896, should be drawn up and entered in the Defence Scheme.
With regard to the extent to which it is advisable to deal with civilians under military law, the following proposals have been received from Mauritius, where the conditions as regards alien population are somewhat akin to those of St. Lucia :-
The Secret Order in Council, dated the 26th October, 1896, gives power to the Governor to remove any person from the Colony, and declares that all persons within the limits of the Colony shall be subject to military law for the purposes of the Army Act, as if they were accompanying Her Majesty's troops on active service beyond the seas, and they are to be deemed under the command of the Officer Commanding the Troops, subject, however, to the following provisos, viz.: (1) That, unless the Governor otherwise directs, offences against the civil law committed by civilians shall be tried by a Civil Court and not by a court-martial; (2) that, if the Governor so directs, civilians shall be tried by a Civil Court and not by a court-martial for offences against the Army Act which are not offences against the civil law.
"Thus the exercise of the power conferred by the above-quoted Order in Council on the Officer Commanding the Troops, with regard to the control of the civil population, is virtually at the discretion of the Governor.
"It is recommended that the usual administration of the civil law with regard to offences which have no relation to the defence shall be carried on as in time of peace with regard to all persons who do not belong to Her Majesty's regular forces; but that such persons shall be dealt with by court- martial for offences in relation to the defence, and more especially with reference to the following offences, viz. :——-
"(a.) Treacherously holding correspondence with the encuny, or giving intelligence to or assisting an enemy, or (ou active service) knowingly doing any act calculated to imperil the success of Her Majesty's forces.—Army Act, section 4 (3) to (7).
(2.) Without due authority holding correspondence with an enemy, or by word of mouth, writing, signal, or otherwise spreading reports calculated to create alarm or despondency.-Army Act, section 5 (4), (5).
This section is, in the Manual of Military Law,' stated to apply to unauthorized communications with an enemy by letters or plans sent to friends or to the newspapers.
"(c.) Forcing a safeguard.
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Forcing or striking a soldier when acting as sentinel.
Impeding, or refusing to assist, the Provost Marshal or any officer or N.C.O. legally exercising authority on his behalf.
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Doing violence to any one,bringing provisions or supplies to the forces.
Breaking into any house in search of plunder.
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Intentionally causing false alarms, &c.
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Treacherously making known the parole, &c.
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Army Act, section 6 (1), (c), (d), (e), (f), (g), (h), and (i).
(d.) Offences of mutiny and sedition, such as:—
"Conspiring with any other persons to cause any mutiny or sedition in any forces of Her Majesty, or endeavouring to seduce any one of Her Majesty's service from allegiance, &c., or not using every endeavour to suppress any inutiny or sedition, or coming to the knowledge of any, and not without delay reporting it.--Army Act, section 7 (1) to (4).
"(e) Persuading any one in Her Majesty's service to desert, or assisting them to do so, or being cognizant of any desertion, or intended desertion, and not reporting it.-Army Act, section 12 (a), (b); section 14 (1), (2).
"The offence of persuading any soldier to desert, or aiding or concealing him, is, however, already made punishable by a term of imprisonment with hard labour not exceeding six months, upon summary conviction (section 153, Army Act), so that this is, so far, provided for.
"(f) Using traitorous or disloyal words regarding the Sovereign.--Army Act, section 35.
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(g.) Making injurious disclosures.--Army Act, section 36.
With regard to civilians employed as labourers or camp followers, it will probably be necessary at the outset for Commanding Officers to award summary punishments in accordance with Queen's Regulations, section VI, paragraphs 39 and 47, for offences not of a sufficiently serious nature to necessitate trial by court-martial.”
The above recommendations were concurred in by the Colonial Defence Com- mittee, with the following exceptions:-
"(.)-It is suggested that a reference to section 6 (2), (a) of the Army Act should be added to this sub-paragraph.
“(d.) and (c.)—In regard to offences under sections 7 (4) and 14 (2) of the Army Act, it is the duty of a soldier coming to the knowledge of any actual or intended mutiny or sedition, or being cognizant of any desertion, or intended desertion, to report the fact to his "Commanding Officer.' Civilians should be informed by Proclamation or otherwise as to whom they should make this report.
"(c.)—Section 12 (a) of the Army Act, which deals with the offence of deserting, or attempting to desert Her Majesty's service, would seem to have no application to civilians, and has apparently been referred to in this sub-paragraph in error."
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