Powers of the Tribunal.
Ordinance No. 3 of 1873.
Ordinance
No. 3 of 1873.
Calling up
Final notice.
his hand addressed to the Secretary of the Compulsory Service Tribunal, make his reply to any objection lodged under section 10, including any claim lodged under section 7.
13. (1) The Compulsory Service Tribunal shall have the following powers, that is to say-
(a) to hear evidence on oath, to order persons to attend and give evidence, and to produce documents, in like manner as in proceedings in the Supreme Court, and the like powers of punishment as are conferred upon the Supreme Court by sections 30 and 31 of the Supreme Court
Ordinance, 1873:
(b) to refer any objection made on the ground of physical fitness to a board of not less than three medical practi- tioners to be constituted in his discretion by the Director of Medical and Health Services as often as may be required by any reference hereunder and to take into account the findings of such board in determination of such objection;
up for service of whom has been deferred under paragraph (e) of subsection (1) of section 13 until the period for which such calling up has been deferred has elapsed,
(2) The Director may likewise cause to be served a fintıl notice upon a person for whom the Compulsory Service Tribunal has substituted a form of service different from that for which such person was provisionally selected calling him up for service in such substituted body.
(3) The final notice shall require the person on whom it is served to present himself at such place and time (not earlier than the seventh day after the date of service of the notice) and to such authority as may be specified in the final notice.
(4) Any person who contravenes the provisions of a final notice shall be guilty of an offence.
18. (1) Every person upon whom a final notice has been Enrolment served calling him up for service in the Royal Hong Kong Hong Kong
in Royal
Defence Force, the Special Constabulary or the Essential Services Defense (c) wholly to allow the objection;
Force. Special (d) if it thinks that the objector should serve in a body Corps shall, on the date specified on the notice to present himself
to authority, so prescut himself and shall enrol in the said Force, Con-
atabulary Constabulary or Corps mentioned in such notice in the manner and
different from that for which he has been selected, to substitute such service therefor;
(e) to defer the calling up for service of the objector for such specified in the Ordinances and regulations respectively relating Essential
to such Force, Constabulary or Corps. period as it may consider appropriate;
() to dismiss the objection.
(2) The decision of the Compulsory Service Tribunal here- under shall be final and shall be communicated in writing by the Secretary to the objector and to the Director: Provided that an appeal shall lie to the Full Court against any decision imposing punishment upon a witness for non-attendance or upon a person for contempt before the Tribunal or for perjury in like manner as if such decision had been a decision of the Supreme Court under section 30 or 31 of the Supreme Court Ordinance, 1873.
14. (1) The Director may cause to be served on any person for service. liable to be called up for service under this Part upon whom a provisional notice has been served and who has not within the prescribed period objected thereto or whose objection has been dismissed by the Compulsory Service Tribunal, a written notice, hereinafter called a "final notice", calling him up for service in the body for which he was provisionally selected: Provided that no such notice may be served upon any person the calling
(2) Every person who shall have been transferred to the Royal Hong Kong Defence Force, the Special Constabulary or the Essential Services Corps under the provisions of sections 19 and 20 shall enrol in the said Force, Constabulary or Corps in the manner specified in the Ordinances and regulations respectively relating to such Force, Constabulary or Corps.
(3) Any person who fails to enrol himself in accordance with the provisions of this section shall be guilty of an offence.
Services Corps.
of
called up.
18. (1) No person who is called up for service by virtue of Restriction the provisions of this Ordinance in the Royal Hong Kong quitting Defence Force, the Special Constabulary or the Essential Services body into Corps, shall quit such Force. Constabulary or Corps, without which the previous consent in writing of the Director and any attempt to quit without such consent shall be void and of no effect. For the purpose of this subsection "quit" shall not include dismissal or any power of discharge or retirement or to dispense with the services of any person exercisable independently of the will of the person dismissed, discharged, retired or whose services are dispensed