CO129-582-12 Compulsory Service Ordinance 1939 31-7-1939 - 27-9-1939 — Page 13

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Appeals.

Expiration

of condi. tional or temporary exemption.

Enrolment lists. Schedule, Form No. 3

Hong Kong

Defence

Reserve.

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it has decided that a British subject shall be enrolled. Every report shall state the date on which, as required by section 0 (7), the decision of the tribunal was communicated to the person whose case was the subject of inquiry.

8-(1) There shall be an appeal tribunal consisting of the Chief Justice (who shall be chairman) and two such other members as may be appointed for that purpose by the Governor. One of the members shall be a senior officer of His Majesty's forces, and any such appointment may be of a person by name or of the holder of an office by the name of his office, and in the latter case every person for the time being exercising the duties of that office shall be deemed to have been duly appointed under this section.

(2) Within seven days after the communication in writing to any British subject of the decision of the compulsory service tribunal, as required by section 6 (7), or within such further time as may be allowed by the appeal tribunal, it shall be lawful for such British subject or his employer, if any, or for the proper military authority, to appeal to the appeal tribunal against the decision of the compulsory service tribunal, and upon such appeal it shall be lawful for the appeal tribunal to confirm, vary or reverse the decision of the compulsory service tribunal.

9. (1) Upon the expiration of any conditional or temporary exemption the person to whom such exemption applies shall, unless he has obtained a further exemption under the provisions of this Ordinance, forthwith report himself at the office of the proper authority.

(2) If any person without lawful excuse fails so to report himself he shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars and to imprison- ment for any term not exceeding six months.

10. (1) The proper authority shall cause to be publish- ed in the Gazette enrolment lists containing the names of—

(a) every person in whose case the compulsory service tribunal has decided that such person shall be enrolled, unless an appeal against such decision has been prosecuted before the appeal tribunal;

(b) every person in whose case the appeal tribunal has decided that such person shall be enrolled;

(c) every civil servant in whose case the Governor has decided that such civil servant shall be enrolled;

(d) every person who has reported himself at the office of the proper authority under the provisions of section 9; and

(e) every person who has been convicted of unlawfully failing so to report himself and who has not successfully appealed against such conviction.

(2) Every person whose name appears in any such enrolment list shall as from the date of publication of such list be deemed to have been enrolled in, and to belong to, the reserve.

11.-(1) The said reserve shall be called the Hong Kong Defence Reserve.

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(2) The said reserve shall be divided into groups. to which the members shall be respectively assigned by the tribunal, namely—

(a) a combatant group;

(b) a key-posts group of persons whose services are primarily required in the work in which they are normally engaged;

(c) a general group, for essential services:

Provided that no person who has attained the age of forty-one years, or who expresses a conscientious objection to the undertaking of combatant service, shall without his consent be assigned to the combatant group: Provided also that any male British subject of whatever age may at any time, with the consent of the proper military authority, voluntarily enrol himself in the key-posts group or the essential services group of the reserve.

(3) The combatant group shall be divided into three sections, namely—

(a) a naval section;

(b) a military section;

(e) an air section;

and members of that group shall be liable to be assigned to any of the said sections or to be transferred from one to another of the said sections at the discretion of the proper military authority.

(4) Every member of the naval section of the said reserve shall be deemed to have been duly admitted as a member of the Hong Kong Naval Volunteer Force, and all the provisions of any enactment for the time being in force relating to members of such force shall apply to him.

(5) Every member of the military and air sections shall be deemed to have been duly admitted as a member of the Hong Kong Volunteer Defence Corps and all the provisions of any enactment for the time being in force relating to volunteers in such corps shall apply to him, and he shall be liable to be posted to any unit of the said corps as the Commandant of the Corps may determine.

(6) The Governor in Council may make regulations for the organization, discipline and general government of the key-posts group and of the general group for essential services and for the imposing of penalties, not exceeding a fine of two hundred and fifty dollars and imprisonment for six months, for breach of any such regulations, and every member of the said groups, whether voluntarily enrolled or not, shall be subject to such regulations.

(7) Notwithstanding any enactment to the contrary no member of the reserve shall be entitled to quit the same prior to disbandment without the previous sanction in writing of the Governor.

12. (1) Any inquiry by the compulsory service tribunal Procedure. and any appeal to the appeal tribunal under the provisions of this Ordinance shall be conducted in public unless on any

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