British Military Administration, Hong Kong •
Military Courts Preclara tion.
Legal Adviser's Report.
17
I forward the above-mentioned Proclame tion for approval and signature by the Commander-in-Chief.
2. With certain exceptions mentioned below the form of this Proclanation has been agreed with the War Office and the Colonial Office.
3. The exceptions are -
(a) Article 3. This has been modified because after it had been drafted Proclamation No.1 (British Military Administration) was amended to include therein suspension of courts thereby necessitating a recasting of this Article. The opportunity was taken to make certain other amendments which it is hoped improve the original draft.
(b) Article 4(1)(b) of the roclamation originally enabled Lilitary Courts to try enemy prisoners of war in our hands for offences against the laws and usages of war. On the day I left London, however, I had an interview with Brigadier Shapcott, Judge Advocate-General, and he stated that we would be receiving a directive to the effect that such offences should not be tried by the Lilitary Courts set up under this Proclamation but by lili tury Courts of which he was in charge constituted by Royal Instructions. He accordingly advised me to amit the paragraph conferring juris- diction from this Proclamation. In view of the fact that such lack of jurisdiction can be rectified at a later date, on new instructions and that it would be a mistake to include it now if it be not the intention I have accordingly deleted that part of Article 4(1)(b) conencing "Provided" to the end of the sub-paragraph. 4. I shall be happy to explain to you or the Command er-in-Chief any part of the Proclamation which does not appear to be clear or otherwise requiring explanation. I certify that the Proclamation is a necessary measure for enactment in the Colony.
9.9.5
Cələnel, (C.A. Legal Branch, Civil Affairs Service, Hong Kong).
9th September, 1945.