CO129-429 - Public Offices & Others - 1915 — Page 267

——

Any further communication on this subject should be addressed to-

The Secretary.

War Office,

and the following number quoted.

083/4845.

C.O

6223

IREC Ren 3

London, S.W.,

War Office,

(A.0.3.)

265

74

London, S.W.

February, 1915.

sir,

I am commanded by the Army Council to acknowledge the receipt of your letters No. 49510/1914 dated the 31st

December, 1914, relative to the Order in Council of the 26th October, 1896, and your 50252/1014 dated 11th January,

1915, regarding the Defence of the Realm Act 1914.

the

2. In reply I am to acquaint you that the Council

are advised that by Article 3 of the Order in Council the

powers of the Military Authorities over the residents in

Hong Kong are such only as are conferred by the Army Act

over Camp followers. Any powers which the Military have

over Camp followers derived aliunde (e,g, from conditions

under which camp followers are allowed to exercise their

calling, whether express or implied by the custom of the

Service) would not be applicable in the case of the

residents in Hong Kong.

3. Applying these principles to the cases of

riot and disturbance, and the search of persons or premiseg

it appears to the Council that as riot and disturbance

constitute offences against the Army Act any person subject

to military Law who commite such an offence can be taken

into Military Custody. Moreover although the Army Act does not expressly provide powers to search persons or premises The Under Secretary of State,

Colonial office,

Whitehall,

S. W.