CO129-568-8 Naval Volunteer and Defence Ordinance- 1938- draft bill 10-2-1938 - 12-6-1939 — Page 36

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4. Section 52 of the Naval Discipline Act shall be read- (a) us if the words or corporal punishinent were deleted in paragraph (4); and

(b) as if after the words from time to time be allowed by the Admiralty" there were inserted the following :·

"(12) Fine not exceeding forty shillings. In default of payment of a fine imposed under this section, the fine shall be recoverable in a summary way before a magistrate. Every such penalty shall be applied as the Governor may direct."

5. Section 53 of the Naval Discipline Act shall be read-

(a) as if the words ", except in case of sentence of death, which shall only be remitted by His Majesty," in paragraph (1) were deleted;

(b) as if in paragraph (11) all the words relating to corporal punishment were deleted, and the paragraph read as follows:

**(11) No officer shall be subject to detention.'

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6. Section 56 (1) of the Naval Discipline Act shall be read as if the following proviso were added at the end thereof :-

Provided that, except in the case of mutiny, no sentence of a court martial shall be carried into execution unless confirmed by the Governor: such confirmation in the case of sentence of death shall be in addition to the confirmation otherwise required by this Act.

7. In Section 56 (2) of the Naval Discipline Act, "the officer in command of the ship to which the offender belongs" shall be read to include the officer in command of the Force. But the said sub- section shall be read as if the words "award penal servitude or to award imprisonment or" were deleted.

8. Section 56 of the Naval Discipline Act shall also be read as f sub-section (4) thereof relating to corporal punishment were deleted.

9. Sections 90a and 98a of the Naval Discipline Act shall not apply to the officers and men of the Force.

10. Wherever fines are mentioned in the Naval Discipline Act, the corresponding amounts in local currency shall be substituted for the amounts expressed therein in British currency.

Objects and Reasons.

1. The clauses of this Bill, which cannot be enacted until after the issue of the Order of His Majesty in Council referred to in the fourth preamble, follow the language of the clauses of the second model Ordinance prepared in 1933 by the Colonial Office in consultation with the Admiralty.

2. The first model, to which the second is supple- mentary, has already been enacted, with three additional sections at the end, as Ordinance No. 30 of 1933.

3. The Schedule to the Bill follows the language of the Schedule to the Second Model with certain variations (set out and explained in the Table of Variations attached to the Bill) which are considered desirable to meet local require- ments.

4. With regard to the implications of clause 4 of the Bill relating to service and training outside the Colony, it may be explained that the primary function of the Hong Kong Naval Volunteer Force is the defence of the Colony and its

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