(2) This Ordinance shall come into operation on such date as the Governor by notice in the Gazette shall appoint.
Interpreta- tion.
2. (1) In this Ordinance, "The Force" Hong Kong Naval Volunteer Force.
means the
Vessels of
War,
Service and
training outside
Colony.
Enactments
and regula- tions in force in Royal Navy to apply to the Hong Kong Naval Volunteer Force with modifications
set out
in the
Schedule.
Entry for service with Royal Navy in
emergency.
General service of the Hong
Kong Royal
Naval Volunteer Reserve in
the Royal
Navy.
(2) This Ordinance shall be construed as one with the Naval Volunteer Ordinance, 1933.
3.-(1) The Governor in Council may provide, either in conjunction with any other colony or not, for maintaining and using vessels of war.
(2) The Governor in Council may, by agreement with such other colony, if any, offer to place at His Majesty's disposal for general service in the Royal Navy any vessel of war so provided.
4. Officers and men of the Force are liable to service and training in any ship establishment or other place without the limits of the Colony or its territorial waters whether helonging to the Colony or not.
5. All the enactments and regulations for the time being in force for the enforcement of discipline in the Royal Navy shall apply, with the modifications set out in the Schedule to this Ordinance, to the officers and men of the Force during such period as they are under instruction, training or exercise or in actual service, whether ashore or afloat or within or without the limits of the Colony.
6. All or any of the officers and men of the Force may be entered on the express terms of accepting general service in the Royal Navy in emergency, and officers and men so entered shall form part of the Royal Naval Volunteer Reserve under the designation of the Hong Kong Royal Naval Volunteer Reserve.
7. The Governor in Council may offer to place at His Majesty's disposal for general service in the Royal Navy such officers and men of the Hong Kong, Naval Volunteer Force as have been entered on terms of accepting such service.
Passed the Legislative Council of Hong Kong, this 29th day of June, 1939.
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SCHEDULE.
عد
[s. 5.]
1. Where in the Naval Discipline Act and in the King's Regula- tions and Admiralty Instructions, in so far as the same are applicable to the officers or men of the Force, any power or duty is vested in or imposed upon the Admiralty, such power or duty shall, in respect of the Force, be vested in, exercised or performed by the Governor.
2. Where not inconsistent with the subject matter of the Naval Discipline Act, the word "Hong Kong" shall be read in place of the words "England" or "United Kingdom" or "United Kingdom of Great Britain and Ireland" wherever they occur.
3. References in the Naval Discipline Act to penal servitude are to be understood as authorizing a sentence of a term of imprison. ment for life, or for any other term not less than three years.
4. Section 52 of the Naval Discipline Act shall be read-
C
11
(a) as if the words or corporal punishment' were deleted in paragraph (4); and
(b) as if after the words from time to time be allowed by the Admiralty there were inserted the following:-
"(12) Fine not exceeding forty shillings. In default of payment
of a fine imposed under this section, the fine shall be recoverable
in a summary way before a magistrate. Every such penalty shall
be applied as the Governor may direct."
5. Section 53 of the Naval Discipline Act shall be read-
(a) as if the words ", except in case of sentence of death, which shall only be remitted by His Majesty," in paragraph (1) were deleted;
(b) as if in paragraph (11) all the words relating to corporal punishment were deleted, and the paragraph read as follows:
**(11) No officer shall be subject to detention.'
6. Section 56 (1) of the Naval Discipline Act shall be read as
if the following proviso were added at the end thereof:-
Provided that, except in the case of mutiny, no sentence of a court martial shall be carried into execution unless confirmed by the Governor such confirmation in the case of sentence of death shall be in addition to the confirmation otherwise required by this Act.
7. In Section 56 (2) of the Naval Discipline Act, "the officer
in command of the ship to which the offender belongs" shall be read to include the officer in command of the Force. But the said sub- section shall be read as if the words "award penal servitude or to award imprisonment or" were deleted.
8. Section 56 of the Naval Discipline Act shall also be read as
if sub-section (4) thereof relating to corporal punishment were deleted.
9. Sections 90a and 98a of the Naval Discipline Act shall not apply to the officers and men of the Force.
10. Wherever fines are mentioned in the Naval Discipline Act, the corresponding amounts in local currency shall be substituted for the amounts expressed therein in British currency.
C. B. BURGESS, Deputy Clerk of Councils.