CO129-420 - Governor Sir May - 1915 [1-2] — Page 100

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Head Quarters,

South China Command

Hongkong, 9th December, 1914.

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I have the honour to acknowledge the receipt of Your Excellency's letter 'lo .3291/1914 dated 3rd instant, enclosing certain instructions Your Excellency proposes to send to the Captain Superintendent of Police. I would suggest for Your Excellency's consideration that before issuing such orders the legal opinion of the Hon'ble the Chief Justice and of the Puisne Judge be taken as well as that of the Hon'ble the Attorney General and that my letter may be shown to them.

It would seem hardly necessary for me to point out that as we are on "active service" in this Colony any Military Officer would at once take such military action as he deemed necessary in the case of any riot or disturbance without waiting for any requisition from the Civil Power. If he did not he would be neglecting his duty and would be court-martialled.

I would again call Your Excellency's attention to sub-clause 1 of clause III of the Order-in-Council of 26th October 1896. The Police, like all residents in this Colony are subject to the orders of the General Officer Commanding the Troops, and if any member of the Force disobeys a lawful military command or com- mits any offence to the prejudice of good order and military disci- pline he can be tried under Sections 9 and 40 of the Army Act. Such command may be given by any Military Officer at any place in charge of any section or area of this Colony. To lay down, there fore, that the Police are not under the orders of any Military Officer is, I submit, giving a very improper view of the position of the Military Authority in time of war.

His Excellency

Sir F. H. May, K.C.M.G.,

Bovernor of Hongkong.