565
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HONGKONG LEGISLATIVE COUNCIL
The sentence "Competent Military Authority shall have the same meaning as in the Army Act," was added.
The numbers of various sections were altered.
Clause 3-In sub-section D, the follow- ing clause with reference to the class of persons to whom the Ordinance shall not apply, was omitted:-" And men who have been discharged from the naval or military service of the Crown on the termination of their period of service."
In sub-clause of the same section the words to include any Civil Servant in an Enrolment List were deleted, and the following words were added:-" To decide that any civil servant of or over the age of eighteen years, who shall not have attained the age of forty before the commencement of this Ordin. ance, should be enrolled in the force."
years
Executive Council is so strong numeri- cally and by the standing of its members that I think it could spare one member myself there will be any disadvantage. to alt on this Tribunal. I do not think
HON. MR. HOLYOAK In the case of an unofficial member of the Executive Coun- cil being appointed to the Tribunal the Executive Council will be deprived of one In of its representatives in appeal cases. such a grave matter as this we do not think that is right. It is so important that we must press for a division on the point.
A
H.E. THE GOVERNOR—I will consider before our next meeting whether it is competent for me under the Royal Instructions to provide in the Bill for the appointment by me of commercial man to sit in the Executive Council in place of any councillor who may be Will that satisfy hon. members? I do not know offhand. whether it can be done. I cannot say
Clause 4.-In sub-clause 1 the sentence The said Tribunal is hereinafter re-appointed to the Tribunal. ferred to as the Tribunal" was omitted.
Hon. Mr. HOLYOAK moved that in the clause dealing with the constitution of the Tribunal, it should be made clear that no meinber of the Executive Council should be appointed to the Tribunal, otherwise in appeal cases there would only be one unofficial member.
H.E. THE GOVERNOR-I am sorry we cannot accept the suggestion made by the hon. member. But what I will any is tbis.
If it should so happen that I should appoint a member of the Execu tive Council to sit on the Tribunal that member would not assist in the Executive Council in any appeal from the Tribunal.
HON. MA POLLOCK-That does not quite meet the point made by the hon. member representing the Chamber of Commerce. The point is that the per- vanel of the Tribunal and the Executive Council should be distinct. If an on- official member of the Executive Council is appointed to the Tribunal it would mean that there would be only one unofficial member of the Executive Coun- cil in place of two for bearing appeals. For that reason I support the hon. mem. ber representing the Chamber of Com merce, and I understand the unofficial members wish to divide on the point.
H.E. THE GOVERNOR-It is not an easy thing to form this Eribunal, especial. ly at the present time when very many persons are absent from the Colony. The
HON. MR. HOLYOAK-I would prefer not to pass the clause as it stands.
HON. MR. POLLOCK-I think we had better have a division. If either an official or an unofficial member of the Executive Council was appointed on the Tribunal it would mean the depletion of the Executive Council.
H.E. THE GOVERNOR-I do not follow that point. I do not see why an officia! member of the Executive Council should not be appointed on the Tribunal so long as the Tribunal has its substantial com- ercial majority. I suggest that we leave this clause over, and I may be able to meet your views in another way, if that will satisfy you.
This course was agreed upon.
Clause 5.-This clause was added to the Bill in place of clause 11:
(1)-It shall be lawful for the Proper any male British subject of or over the Authority, at any time or times, to order
age of eighteen years, who shall not have attained the age of forty years before the commencement of this Ordinance, to attend at such time and place as may be specified in the said order and there to #abmit himself to be medically examined for the purposes of this Ordinance.
HONGKONG LEGISLATIVE COUNCIL,
(1)If any auch British subject with- out lawful excuse fails to comply with any such order as is referred to in this Rection he shall upon summary conviction be able to a fine not exceeding two hundred and fifty dollars and to impri- sonment for any term not exceeding six months.
Clause 6, formerly clause 6, was altered to read as follows:-
Subject to the provisions of section 3 of this Ordinance, it shall be lawful for the Proper Authority to order any male British subject of or over the age of eighteen years, who for the time being shall be ordinarily resident within the Colony, and who shall not have attained the age of forty years before the com- mencement of this Ordinance, and who, upon the medical examination referred to in section of this Ordinance, shall have been certified as medically it for enrol ment in the force, to attend before the Tribunal at such time and place as may be prescribed in the said order
At the end of sub-section 3 the words "at any one time were added to the sentence, Provided that any exemption granted on the ground of exceptional financial ur business obligations or domestic position shall not be for a longer period than three months"
In sub-section G it was suggested by the Attorney-General that
tota amount of exemption to be granted on the grounds of exceptional financial or business obligations or domestic position be extended from four months to six.
HON. MR. POLLOCK moved the omission of the words "gix months in all," sug gesting that no restriction should be placed on the Tribunal in the matter.
THE ATTORNEY-GENERAL A stated period beyond which they cannot go will save the Tribunal much embarrassment.
1.E. THE GOVERNOR It is a help to the Tribunal to have a limit to the periods
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THE ATTORNEY GENERAL- It will leave the Tribunal open to great criticism in the treatment of individual cases, and it will also delay these men being inade available for the Army.
HON. MR. POLLOCK-Presumably the Tribunal will not act without good cause.
HON. MR. HOLYOAK There will pos sibly be few cases, and under the Bill as it now stands very great hardship may be
done.
H.E. THE GOVERNOR—I am not pre- Pared to accept that amendment.
HON. MR. POLLOCK-This is an amendment suggested to me by business men and I think they would wish to have this proviso carried to a division.
The amendment that the time-limit for exemption should be expunged was lost, the unofficial members all voting for it.
Sub-section ? of section 4 was amended representing the alteration :- to read as follows, the words in brackets
The Tribune! shall communicate En writing], to each British subject whose case has been enquired into the decision of the Tribunal with reference to such British subject.
Clause 6, renumbered 7, was amended to read as follows, the words in brackets representing the alteration:-
The Tribunal shall forthwith make a report to the Governor of the cases in which the Tribunal has decided to grant exemption), stating in each such case the ground of exemption and also a report of the cases in which the Tribunal has tion should be enrolled, stating in every] decided that the British subject in ques- case the date on which such decision was communicated [in writing] to the British subject in question.
Clause 9, renumbered 10, section 1, pro-
of exemption which can be granted. Ifviding for the publication of names in there is no definite in truction the Tri-
the Gazette Enrolment List was altered to read us follows:- bunal will have great difficulty in ceasing to extend the exemption.
HON. M. POLLOCK This is not my own individual suggestion. I do not know whether my unofficial colleagues would agree to the substitution of nine months in place of six.
HON, MR. HOLYOAK I think we want the definite period withdrawn.
(a) Every person in whose case the Tribunal has decided that such person should be enrolled, provided that no appeal against auch decision haa
been prosecuted before the Governor-in-Council.
(b) Every person in whose case the Governor-in-Council on appeal has decided that such person should be enrolled.
No comments yet.
Private notes are available after approval.