Į
41
+
4.1
:
-3-
553
and it has been assumed that, in so far as the provisions of
the Ordinance are to have an extraterritorial effect, their
validity will depend on section 177 of the Army Act. It is
for this reason that the Ordinance refers to a force, as section
177 of the Army Act seems to apply only where a force is
raised. The section of the Ordinance which applies the Army
The two main difficulties in relying on
Act is section 11.
the above section of the Army Act are that the section seems to
contemplate that the members of the force will act together as
a separate unit, and that the section was enacted at a time when
there was no compulsory military service. A minor difficulty
is that it is not entirely clear that a. Colonial law can
apply in anticipation the provisions of future amending Acte
or of future orders and regulations to be made under the Act.
6.
A practical difficulty in connection with the discipline
of the men belonging to the force may arise from the fact that
under the Ordinance as it stands their period of service will
but terminate with the war in view of the course which the dis-
cussion on the bill followed in the Legislative Council it was
thought better to leave this point to be dealt with by later
legislation, as apparently it has been left in Great Britain.
This is one of several subjects which may have to be dealt with
before the termination of the war by legislation which will ex-
tend the duration or effect of previous legislation.
7.
Para-
Sub-section (1) of section 3 contains the list of the per-
sons who are excepted from the operation of the Ordinance.
graphs (a) an. (b) are obvious.
Paragraph (c) is based on
the fourth exception in the First Schedule to the Military Ser-
vice