1951-HKRS29-8-18_Part02 — Page 37

Provi- gional selection.

objectiona

tu

com-

pulsory

the purposes of section 7 and this section are to be constituted: may require assisted by two assessors selected by the Governor to consider Provided that until such regulations are made and save and froin a panel constituted by him for the purposes of this Ordin- insofar as they do not otherwise provide boards of medical practi-ance. tioners shall consist of such number of medical practitioners possessing such qualifications as the Director shall after consulta- tion with the Director of Medical and Health Services deem necessary to conduct adequately such medical examinations as may from time to time be required for grading the fitness of persons served with a medical notice.

9. The Director may provisionally select for service in the Royal Hong Kong Defence Force, the Special Constabulary or the Essential Services Corps any person who has been found upon medical examination as aforesaid to be physically fit for service in such body, and shall cause to be served upon such person a written notice, hereinafter called a "provisional notice" notifying such person accordingly and of his right to object to such selection in accordance with the provisions of section 10.

Grounds of 10. (r) Subject to the provisions of subsection (4) of section objection to selection 7 any person provisionally selected for service in accordance with for service, section o may object to such selection on any one or more of the

following grounds---

Appoint ment and

con-

(a) that he is a person to whom this Ordinance does not apply or that he is a person exempted from the provisions of this Part;

(b) that the obligations imposed by such service would inj all the circumstances of the case entail undue hardship for him;

(c) that he is physically unlit to perform such service; (d) that he could more usefully serve in a body other than that for which he has been provisionally selected and is in fact fit to serve in such other body; and (e) in the case of a person provisionally selected for service in the Royal Hong Kong Defence Force that he con- scientiously objects to undergoing military training or to performing combatant duties.

(2) Any such objection shall be made in writing to the Director within seven days of the date of service upon such person of the provisional notice.

11. (1) There shall be a Compulsory Service Tribunal to hear and determine objections under section to, including claims stitution of under section 7. Such Tribunal shall consist of a judge of the Supreme Court to be appointed by the Chief Justice as occasion

Tribunal

(2) After the hearing of an objection or claim and such service. summing up of the evidence and explanation of matters of law as the judge shall consider necessary or expedient, the judge shall require each of the assessors to state his opinion orally and shall record such opinion. The judge shall then give his decision, but in so doing shall not be bound to conform to the opinion of the assessors.

(3) Subject to the provisions of subsection (2) and to the provisions of section 3, the Chief Justice may make rules prescribing the procedure for hearing and determining all matters which may be referred to the Compulsory Service Tribunal by virtue of this Ordinance and for all matters incidental thereto, including rules supplementing the matters prescribed by this section and by section 13.

(4) Any rules made under subsection 3 shall, unless they specify a later date as the date from which they shall come into force, in which case they shall take effect as from such specified date, come into force upon publication in the Gazette: Provided that paragraph (d) of section 14 of the Interpretation Ordinance, Ordinance 1950, shall apply to any such rules.

(5) The Governor shall further appoint a person to act as Secretary to the Compulsory Service Tribunal.

No. 2 of 1960.

12. (1) The Director shall cafer every objection made under Reference ection 10 to the Secretary: Provided that if the Director is of

objections satisfied that the objection is valid and should be wholly allowed, ta be may reply directly to the objector wholly allowing the objection Tribunal, without reference to the Compulsory Service Tribunal.

(2) The Secretary shall give the objector seven days' notice

in writing of the hearing of the objection.

hearing of his objection and he or any duty authorized barrister (3) The objector may, if he so desires be present at the

or solicitor entitled to practise in the Colony shall be entitled La be heard.

(4) The Director may be represented at the hearing of any objection before the Compulsory Service Tribunal by any person duly appointed by him in writing for such purpose, or may, subject to any rutes made under section 11(3), by writing under