CO129-582-12 Compulsory Service Ordinance 1939 31-7-1939 - 27-9-1939 — Page 16

Objects and Reasons.

1. The provisions of this Bill are based upon the General Military Service Ordinance, 1918, which was repealed by Ordinance No. 23 of 1919.

2. The object of this Bill is to create a reserve force called the Hong Kong Defence Reserve the members of which shall be liable for service with the Hong Kong Volunteer Defence Corps, the Hong Kong Naval Volunteer Force or in essential services.

3. With certain exceptions, which are specified in clause 3 (1), the liability to enrolment in this reserve will extend to all male British subjects of or over the age of eighteen and under fifty-five years but those who have attained the age of forty-one years and those who express a conscientious objection to the undertaking of combatant service will not, without their consent, be posted to the combatant group of the reserve.

4. Subject to the exceptions referred to in the preceding paragraph, it is intended that the case of every male British subject between the specified ages shall be considered with a view to his enrolment. This applies to civil servants as well as to the other members of the community, but in the case of civil servants the procedure will be different.

5. The first step in the procedure is a medical examina- tion which is provided for in clause 5 of the bill.

This

6. The next step is an order, issued by the proper authority, directing the British subject in question to appear before the compulsory service tribunal, unless he has already enrolled as a volunteer in the Hong Kong Volunteer Defence Corps or the Hong Kong Naval Volunteer Force. tribunal will, subject to the appeal referred to below, be the sole judge as to whether the British subject in question shall be enrolled or exempted and as to the group of the reserve to which he shall be assigned. The only grounds on which exemption may be granted are that it is expedient in Imperial interests or the interests of this Colony to do so, or that serious hardship would result to the British subject in con-

sequence.

7. Provision is made in clause 11 (2) for voluntary enlistment in the non-combatant groups of the reserve, for which also by clause 11 (6) the Governor in Council is empowered to make regulations.

8. An appeal from the decisions of this tribunal to an appeal tribunal consisting of the Chief Justice, a senior officer of His Majesty's forces and one other member is provided. The appeal may be against either enrolment or exemption, and it may be made by the British subject in question, or by his employer (if any), or by the military authorities.

9. The cases of all civil servants between the specified ages will also be inquired into, but in their case the functions of the tribunal will be performed by the Governor, whose decision is final.

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