CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 41

British Military Administration, Hong Kong.

Proclamation No.

of 194.

41

3.

Snort Title

Inter-

pretation.

A Proclamation concerning the establishment of Military Courts.

Establisn-

ment of Courts.

WHEREAS by reason of military necessity and for the prevention and suppression of disorder and the maintenance of public safety it is necessary, until such time as the civil courts are able fully and freely to exercise their ordinary jurisdiction, to establish Military Courts:

1.

Now, therefore, it is proclaimed as follows:-

This Proclamation may be cited as the military Courts Proclamation, 194.

2.

In this Proclamation

(1) "Confirming Authority" means the officer having the

power of confirming a judgment or sentence.

(2) "Starr Ofiicer (Legal)" includes every Civil Affairs

Officer on the Legal Staff of the Chief Civil Affairs Qiíicer and every person who having been such a Civil Affairs Officer may have been demobilised or placed on the Unemployed List but who is nevertheless retained on such Legal Staff.

•

(3) Where this Proclamation confers any power or privilege

or imposes any duty on the holder of any office or requires as a qualification for membership of any court or for the exercise of any power or the performance of any duty that the person concerned should be an officer not below a stated rank, then such power or privilege may be exercised or such duty performed and such qualification shall be deemed to be held by any person who, naving been the holder of such office or having held the required qualification, as the case may be, nas since been demobilised or placed on the Unemployed List but is nevertheless retained on the Legal Staff of the Chief Civil Affairs Officer.

3. (1)All Courts established by or under the laws or the Colony

naving by reason of action by the enemy ceased fully and freely to exercise the jurisdiction and powers vested in them, the following Military Courts are established, namely

(b)

The Higher Court;

The District Courts, comprising

(1) Urban District Courts, and

11) New Territories District Courts.

(2) No Courts other than Courts Martial, Courts established under the Air Force and Naval Discipline Acts and the Military Courts established under this or any subsequent Proclamation or enactment of une military administration small have or exercise any authority or jurisdiction in the Colony so long as martial law remains in forcé.