Headquarters,
South China Command,
Hongkong, 22nd October, 1914.
116
Your Excellency,
It is clearly laid down in the Order-in-Council dated 26th October, 1896, that "Every person who shall for the time being be within the limits of the Colony shall be subject to military law for the purposes of the Army Act, and the said Act shall, subject to the provisions of this Order, be deemed to apply to such person in the same manner as if such person had been a person accompanying His Majesty's troops or some portion thereof when employed in active service beyond the seas,
and such person shall for the purposes of the said Act, be deemed to be under the Command of the Officer Commanding His Majesty's troops".
In the case of a person accompanying troops on active service the Officer Commanding the Troops has practically absolute powers. He can direct that his person, property or place of abode be searched on suspicion without warrant. This being the case, I am of opinion that I can act in a similar manner to any resident in the Colony.
I should be glad of Your Excellency's views on the subject. If you do not see your way to agree with me, I beg that a decision be asked for from His Lajesty's Government.
I quite admit that such power should be used with the greatest discretion, and have ordered that no search is, in future, to be made without direct orders from me.
Sd.
I have, etc.
F. H. KELLY
Excellency
Sir F. H. May, K.C.M.G.,
Governor of Hongkong,
Major-General
Commanding the Troops in South China.
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