CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 42

4.

Areas of

Jurisdiction.

ג

1

42

5.

subject to the provisions or this Proclamation

(1) The Higner Court shall have jurisdiction throughout

all such parts of the Colony as are at any given time under the control of the Allied Forces.

(2) The Urban District Courts snail nave jurisaiction in

respect of

(a) the island of Hong Kong, together witn the island

of Aplichau, Green Island, Kellet Island, Stone- cutters Island and the narbour or Victoria and

(b) Kowloon and New Kowloon.

Provided that. the Urban District Court for the Island of Hong Kong and the Urban District Court for Kowloon and New Kowloon snail nave jurisdiction in respect of the Southern and Northern Districts of the New Territories respectively in regard to the trial of offences in the last mentioned Districts which, by reason of the penalties which may be imposed, are beyond the jurisdiction of a New Territories District Court but are in that respect within the jurisdiction of an Urban District Court.

(3) The New Territories District Courts for the Northern

and Southern Districts respectively suali have jurisdiction throughout the areas or the Northern and Southern Districts respectively.

Subject to the provisions of this Proclamation the Courts shall have jurisdiction over all persons charged with offences against the laws in force in the Colony or against any Proclamation or enactment or against the laws or wages of war except:-

provided

anu

(a) members of the British and Alliea Forces: that any person who is employea oy or in the service of or who is a follower of, or is accompanying any part of une said Forces may be triea by suen courts unless the military Commander oy.general or special order directs that ne pe urled py court martial:

(b) persons entitled, if captured, to be treated as prisoners of war : Provided that any such person who, prior to his capture, has committed an offence against the laws and usages of war may be tried by a court of the Higher Court established under this Froclamation, (1) Subject only to the restrictions and limitations

imposea by tnis Proclamation, every court established under or wy virtue of unis Proclamation snail have jurisaiccion to try ali oliences against the laws in force in the Colony (whether such oliences are constituted by any enactment of otherwise) or against any Froclamation or enactment issued by or unuer tne military auministration or against the laws or usages or war and to impose. such penalties as may we provided by such laws, Proclamations or enactments as the case may be, whether the same be expressed to be penalties on conviction on inuictment or on summary convictions.

Persons subject to the jurisäiction ·

01 tile Courts.

Offences witnin tie

6.

jurisuiction of

t.ie Courts.