CO129-568-8 Naval Volunteer and Defence Ordinance- 1938- draft bill 10-2-1938 - 12-6-1939 — Page 48

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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

ลง

2

2

3

4

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Paragraph 3 is new. It deletes the words 'penal servitude" and substitutes "imprisonment for life or for any other term whatsoever." Penal servitude is abolished in this Colony (see the note to paragraph 4 sub- paragraph (b) infra).

This paragraph has been split up into sub-

paragraphs.

Sub-paragraph (a) is new. It has the effect of making execution of the death sen- tence subject to the approval of the Governor in every case except mutiny; and is based upon section 54, sub- section (7), of the Ariny Act.

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 4.

Sub-paragraphs (e) and (e) are con-

sequential on paragraph 3.

Sub-paragraph (e) is consequential on sub-

paragraph (c) of paragraph 4.

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