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Application of this Ordinance.
Compulsory
service tribunal.
3-(1) This Ordinance shall not apply to any of the following persons :—
(a) members of His Majesty's regular or reserve forces, other than army reservists who have been granted permission under the King's Regulations for the Army and the Army Reserve to reside permanently outside the United Kingdom;
(b) members of the Hong Kong Volunteer Defence Corps or the Hong Kong Naval Volunteer Force;
(c) civilians in the employment of the naval, military or air force authorities;
(d) men in holy orders and such regular ministers of recognized religious denominations as the Governor in Council may exempt;
(e) men who have left or been discharged from the naval, military or air service of the Crown in consequence of dis- ablement or ill-health;
(f) any person who is, under the provisions of any Act in force in a Dominion, a national or citizen of that Dominion within the meaning of that Act, or who is a person born or domiciled in a Dominion, if in either case he has been ordinarily resident in this Colony for less than two years;
(g) the Chief Justice, the Puisne Judge, members of the Executive or Legislative Councils and the United Kingdom and Dominion Trade Commissioners;
(h) members of the Police Force or of the Fire Brigade.
(2) In the application of this Ordinance to civil servants, the following modifications shall have effect, namely, that the inquiry shall be held by the Governor and not by the compulsory service tribunal, and that the Governor may, upon such inquiry as he thinks fit, decide that any civil servant of or over the age of eighteen years, who has not attained the age of fifty-five years, shall be enrolled in such group of the reserve as the Governor may direct: There shall be no appeal from a decision of the Governor under this section.
4. (1) The Governor shall appoint such and so many persons as he thinks fit, not being less in number than five, to form a tribunal to be called the Compulsory Service Tribunal.
(2) If any member of the compulsory service tribunal dies, resigns, is absent from the Colony or unable to act, the Governor may appoint any person whom he thinks fit to fill the place of such member, either temporarily or permanently.
(3) The Governor may appoint a chairman of the com- pulsory service tribunal. The chairman shall preside at all sittings of the tribunal at which he present, and in his absence the members of the tribunal present shall choose one of their number to preside at the sitting in question.
(4) Three members of the compulsory service tribunal shall constitute a quorum.
(5) The Governor may also appoint a clerk to the compul- sory service tribunal. Any order, summons, subpoena, notice, notification or other document issued or published by the tribunal may be issued and published in the name of the said clerk.
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examina-
5.--(1) Subject to the provisions of section 3, it shall Medica! be lawful for the proper authority at any time to order any tion. male British subject of or over the age of eighteen years, Schedule, who for the time being is ordinarily resident in this Colony Form No. 1 and has not attained the age of fifty-five years, to attend at such time and place as may be specified in the order and there to submit himself to be medically examined for the purposes of this Ordinance.
(2) If any such British subject without lawful excuse fails to comply with any such order as is referred to in this section he shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.
service
6. (1) It shall be lawful for the proper authority to Inquiry by order any male British subject who, upon the medical compulsory examination referred to in section 5, has been certified as tribunal, medically fit for enrolment in the reserve, to attend before Schedule, the compulsory service tribunal at such time and place as may be specified in the order, unless he shall before that time have enrolled as a volunteer in the Hong Kong Volunteer Defence Corps or the Hong Kong Naval Volunteer Force.
(2) The compulsory service tribunal shall thereupon, either at the time and place specified in the said order or at such other time and place as the tribunal may direct, proceed to inquire and determine whether such British subject shall be enrolled in the reserve or shall be exempt from such enrolment.
(3) If any such British subject without lawful excuse fails to attend at the time and place prescribed in any such order or fails to attend at any time and place as directed by the compulsory service tribunal, he shall upon summary con- viction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.
(4) The compulsory service tribunal may grant to any British subject exemption from such enrolment, either on the ground that it is expedient in Imperial interests or the interests of this Colony to do so, or on the ground that serious hardship would result to such British subject if he were enrolled in the reserve.
(5) Any such exemption may be absolute, conditional or temporary as the compulsory service tribunal may think best suited to the case.
(6) Any such exemption, whether absolute, conditional or temporary, may be reconsidered and withdrawn or varied by the compulsory service tribunal at any time.
(7) The compulsory service tribunal shall communicate its decision in writing to the person whose case has been the subject of the inquiry.
(S) Subject to the provisions of section 8, if any question arises under this Ordinance as to whether any person is ordinarily resident within the Colony the decision of the compulsory service tribunal thereon shall be final.
Form No. 2
service
7. The compulsory service tribunal shall forthwith make Report by a report to the proper authority of the cases in which it has compulsory decided to grant exemption, stating in each such case the tribunal. ground of exemption, and also a report of the cases in which
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