CO129-561-14 Naval Volunteer Force 17-3-1937 - 9-2-1938 — Page 34

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TABLE OF VARIATIONS.

BETWEEN

The Schedule to the Bill and the Schedule to the second Model

Ordinance.

Schedule

to Bill

paragraph.

Schedule to Model

No. 2 paragraph.

Variation and explanation.

1

1

2

2

3

3

4

10

This paragraph has been split up into sub-

paragraphs.

Sub-paragraph (a) is new and limits the penalty of death to the offences of mutiny or murder. Under section 15 (2) (a) of Ordinance No. 10 of 1933 relating to the Hong Kong Volunteer Defence Corps it is limited to murder only.

Sub-paragraph (b) is new. It has the effect of deleting the reference to penal servitude which was abolished in the Colony in 1887.

Sub-paragraph (c) is new. It deletes the reference to corporal punishment which is not applicable to the Hong Kong Volunteer Defence Force (see Manual of Military Law, 1929, p. 30) and seems similarly unsuitable in the case of the Hong Kong Naval Volunteer Force.

Sub-paragraph (d) follows the model except that for greater clearness and for uniformity with section 23 of Ordin- ance No. 10 of 1933 the words "in a summary way before a magistrate" are substituted for the words "by summary process.

Sub-paragraph (a) deletes certain words the retention of which would prevent the Governor exercising his powers of remitting death sentences under Article XV of the Letters Patent of the 14th February, 1917.

Sub-paragraph (b) is consequential on sub-

paragraph (b) of paragraph 3.

Sub-paragraph (c) is consequential on sub-

paragraph (c) of paragraph 3.

This paragraph adds a proviso to section 56 (1) of the Act, on the lines of section 15 (2) (b) of Ordinance No. 10 of 1933, relating to the Hong Kong Volunteer Defence Force, which makes the sentences of court martials, excepting the punishment of death in the case of mutiny provided for in section 53 (3), subject to confirmation by the Governor.