306308-1941-Allied-Forces-Application-of-Acts-to-Colonies--c--No-2-Order-1941 — Page 2

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 21, 1941.

of which a mandate on behalf of the League of Nations is being exercised by His Majesty's Government in the United Kingdom, to direct by further Order in Council that the pro- visions of sub-section (2) of section one of the Allied Forces Act, 1940, together with the provisions, as applied by the United Kingdom Order, of sections one to three of the Act of 1933 or such of those provisions as may be specified in such further Order in Council, shall, subject to such adapta- tions and modifications as may be so specified, apply in that colony or territory in relation to forces maintained by the French authority and in relation to deserters and absentees without leave, as they apply in the United Kingdom :

Now, THEREFORE, His Majesty, in exercise of the said powers, and of all other powers enabling Him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered as follows.

1. The provisions of sub-section (2) of section one of Application the Allied Forces Act, 1940, and the provisions of sections of enactment

to Colonies, one to three of the Act of 1933 as set out in the Schedule etc. to the United Kingdom Order and as interpreted by para- graph (1) of Article 2 of that Order, shall apply in each territory in relation to forces maintained by the French authority and in relation to deserters and absentees without leave, as they apply in the United Kingdom, subject to the adaptations and modifications specified in the Second Schedule to this Order:

Provided that for the purposes of this Order paragraph (1) of Article 2 of the United Kingdom Order shall have effect as if for the definition of the expression "Free French Force” the following were substituted:

وو

"Free French Force' means any body contingent or detachment of the naval, military or air forces so maintained by the French authority as aforesaid which is lawfully present in the territory or on board any ship or aircraft serving in association with His Majesty's forces or on board any of His Majesty's ships or aircraft.

2. (1) In this Order and in the provisions mentioned in Interpreta- Article 1 of this Order as applied by this Order, unless the tion. context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:-

"Territory" means a territory mentioned in the First Schedule to this Order; and in the application of the said provisions under this Order to any territory "the territory" means that territory;

Governor in relation to any territory, means the person administering the Government of the territory, or, in the case of Zanzibar, the British Resident or the person lawfully discharging his functions;

Colonial Forces " means, in relation to any territory, any naval, military, or air forces raised in the territory, includ- ing any police force or other body raised therein which, by virtue of any law in force in the territory, has become a naval, military or air force; and colonial force includes any body contingent or detachment of any colonial forces, wherever serving :

*

وو

Provided that where any colonial forces or force raised in one territory shall be present in some other territory, such

1783