306302-1941-Allied-Forces-Act-1940 — Page 2

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THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 21, 1941.

by the Order, of sub-sections (2) to (5) of section one, of sections two and three, of sub-sections (1) and (3) of section five, and of section six, of the Visiting Forces (British Geo, 5. c. 6. Commonwealth) Act, 1933, as amended by or under any

enactment whether passed before or after this Act:

23 & 24

Saving for

of civil courts.

Provided that the reference in sub-section (1) of the said section five (which provides for the extension of the Act to colonies) to sections one to three of the Act shall be con- strued, for the purposes of this section, as a reference to such of the provisions of the said sections one to three as are applied under this section and to sub-sections (1) and (2) of this section.

2. (1) Nothing in the foregoing section shall affect the jurisdiction jurisdiction of any civil court of the United Kingdom, or of any colony or territory to which that section is extended, to try a member of any of the naval, military or air forces mentioned in that section for any act or omission constituting an offence against the law of the United Kindom, or of that colony or territory, as the case may be.

Application

of Naval

Discipline Act, Army Act and Air Force Act.

(2) If a person sentenced by a court exercising juris- diction by virtue of the foregoing section to punishment for an offence is afterwards tried by any such civil court as aforesaid in respect of any act or omission which constituted that offence, the civil court shall, in awarding punishment in respect of that act or omission, have regard to any punish- ment imposed on him by the said sentence.

(3) A court shall not have jurisdiction by virtue of the foregoing section to try any person for any act or omission constituting an offence for which he has been acquitted or convicted by any such civil court as aforesaid.

3.-(1) For the purpose of securing effective co-opera- tion between His Majesty's forces and the forces of any such allied Power or foreign authority as is mentioned in section one of this Act, His Majesty may by Order in Council provide for the application of the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, to members of any of the forces of that Power or authority subject to such adaptations, modifications and exceptions as may be provided by the Order, and, without prejudice to the generality of the foregoing provision, the Order may modify the procedure for the trial and punishment under the said Acts of offences committed by members of the forces of the allied Power or foreign authority and may in particular provide for enabling courts-martial trying such offences to comprise officers of those forces as well as officers of His Majesty's forces.

(2) Any Order in Council made under this section may make provision for securing that—

(a) no member of the forces of the allied Power or foreign authority shall be punished both under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, and by virtue of section one of this Act for the same offence; and

(b) in the case of offences which may be punished either under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, or by virtue of the said section one, or in the case of such of those offences as may be specified in the Order, no proceedings shall be taken by virtue