1951-HKRS29-8-18_Part02 — Page 36

Linbility

for

compulsory service.

Power to

require medical examina- tion.

(d) members of the Hong Kong Police Force or of the Fire

Brigade;

(c) members of the Royal Hong Kong Defence Force, the Special Constabulary or the Essential Services Corps other than persons who become members by virtue of the provisions hereof;

this Ordinance does not apply or that he is by virtue of section 5 a person exempted from the provisions of this Part, may, within seven days of the service upon him of a medical notice, lawfully object in writing to the Director to complying with such medical notice until such claim has been determined and in such event, unless the Director is satisfied that the cluim is valid, in which case he shall allow it, he shall refer such claim to the Secretary

() persons in holy orders and ministers of recognized of the Compulsory Service Tribunal and it shall thereafter be

religious denominations;

(g) patients in mental hospitals; (k) persons who are blind;

(0) persons who can prove that they have been residing in

the Colony for a temporary purpose only and that residence for such temporary purpose will not or is unlikely to continue for a period of more than thres months.

6. Subject to the provisions of section 5, all persons to whom this Ordinance applies shall be liable to be called up for service in the Royal Hong Kong Defence Force, the Special Conf stabulary or the Essential Services Corps: Provided that no such person shall be liable to be called up for service or to continge to serve in the Royal Hong Kong Defence Force after he has attained the age of forty-five years and provided further that nó such person shall be liable to be called up for service or to continue: to serve in the Special Constabulary or the Essential Services Corps after attaining the age of sixty years, in the case of a male person and after attaining the age of fifty years in the case of a female person.

7.

(1) The Director may from time to time cause to be served upon any person who appears to him to be liable to be called up for service as aforesaid a written notice signed by the Director hereinafter called a "medical notice" calling upon bit

to submit himself for medical examination by a board of medic practitioners at such time and place as he may specify therein.

(2) Any person who fails to comply with the requirement of a medical notice shall be guilty of an offence,

dealt with in like manner as if it were an objection under sec- tion 10 and as if such claimant were an objector, save that the Compulsory Service Tribunal shall have power if it disallows the claim to order the claimant to submit himself for medical examina- tion by a board of medical practitioners at such time and place as may be specified in such order and that fallure to comply with any

such order shall constitute an offence.

(4) The procedure prescribed by subsection (3) shall not be available to any person who wishes or may wish to object on the ground specified in paragraph (b) or (c) of subsection (1) of section to and if such objection is subsequently advanced it shall be disregarded.

6. (1) A board of medical practitioners, after completion of Medical

examina- every medical examination authorized by section 7 shall grade exam the person examined as physically lit or unfit for service in all or any of the following-

(4) the Royal Hong Kong Defence Force; (b) the Special Constabulary; and

(c) the Essential Services Corps,

and shall at the same time record any limitations as to the physical fitness of such person to perform any particular duties within such bodies and in particular in the case of the grading of the person as fit for duties within the Essential Services Corps, shall classify him according to the categories prescribed by the Essential Services Corps (General) Regulations, 1950, or any regulations G.N.A. replacing or amending the same,

(2) Such board shall report its findings as aforesaid to the Director who shall notify in writing the person examined accordingly.

(3) The Governor in Council may make regulations provid-

(3) Notwithstanding the provisions of subsections (1) and (3) of this section, a person who claims that he is a person to whoming for the manner in which boards of medical practitioners for

2/50.