CO129-448 - Governor Sir May - 1918 [4-6] — Page 556

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and it has been assumed that, in so far as the provisions of

the Ordinance are to have an extraterritorial effect, their

validity will depend on section 177 of the Army Act. It is

for this reason that the Ordinance refers to a force, as section

177 of the Army Act seems to apply only where a force is

raised. The section of the Ordinance which applies the Army

The two main difficulties in relying on

Act is section 11.

the above section of the Army Act are that the section seems to

contemplate that the members of the force will act together as

a separate unit, and that the section was enacted at a time when

there was no compulsory military service. A minor difficulty

is that it is not entirely clear that a. Colonial law can

apply in anticipation the provisions of future amending Acte

or of future orders and regulations to be made under the Act.

6.

A practical difficulty in connection with the discipline

of the men belonging to the force may arise from the fact that

under the Ordinance as it stands their period of service will

but terminate with the war in view of the course which the dis-

cussion on the bill followed in the Legislative Council it was

thought better to leave this point to be dealt with by later

legislation, as apparently it has been left in Great Britain.

This is one of several subjects which may have to be dealt with

before the termination of the war by legislation which will ex-

tend the duration or effect of previous legislation.

7.

Para-

Sub-section (1) of section 3 contains the list of the per-

sons who are excepted from the operation of the Ordinance.

graphs (a) an. (b) are obvious.

Paragraph (c) is based on

the fourth exception in the First Schedule to the Military Ser-

vice