TABLE OF VARIATIONS.
BETWEEN
The Schedule to the Bill and the Schedule to the second Model
Ordinance.
Schedule
to Bill
paragraph.
Schedule to Model
No. 2 paragraph.
Variation and explanation.
1
1
2
2
3
4
3
10
5
6
7
1
Penal servitude is abolished in this Colony.
This paragraph has been split up into sub-
paragraphs.
Sub-paragraph («) is new. It deletes the reference to corporal punishment which is not applicable to the Hong Kong Volunteer Defence Force (sec Manual of Military Law, 1929, p. 30) and seems similarly unsuitable in the case of the Hong Kong Naval Volunteer Force.
Sub-paragraph (b) follows the model except that for greater clearness and for uniformity with section 23 of Ordin- ance No. 10 of 1933 the words "in a suinmary way before a magistrate” are substituted for the words "by summary process.
Sub-paragraph (a) deletes certain words the retention of which would prevent the Governor exercising his powers of remitting death sentences under Article XV of the Letters Patent of the 14th February, 1917.
Sub-paragraph (b) is consequential on sub-
paragraph (a) of paragraph 4.
This paragraph adds a proviso to section 56 (1) of the Act, on the lines of section 15 (2) (b) of Ordinance No. 10 of 1933, relating to the Hong Kong Volunteer Defence Force, which makes the sentences of courts martial, excepting the punishment of death in the case of mutiny provided for in section 53 (3), subject to confirmation by the Governor.
Words have been added to this paragraph
deleting the power of the officer in command of the Force to award penal servitude (which has been abolished in the Colony since 1887) or to award summarily imprisonment not exceeding three months. He will still be able to award detention and the lesser punish- ments provided by section 52 of the Naval Discipline Act.
This paragraph is consequential on sub-
paragraph (c) of paragraph 4.
8
!
5
10
6