310747-1941-Supplementary-Draft-Bills--Police-Militia-Status- — Page 1

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LEGISLATIVE COUNCIL.

Draft Bills.

No. 8. 384.-The following Bills are published for general information:

Short title.

Liability of certain police bodies to be called

upon to perform combatant duties as Militia in

certain cir- cumstances.

Ordinance No. 37 of 1932. Ordinance No. 24 of 1927. Ordinance No. 1 of 1875.

Ordinance No. 10 of 1886.

Militia to be under its own officers

unless otherwise

directed.

Military operations by Militia.

A BILL

INTITULED

[No. 17-18.8.41.-1.]

An Ordinance to enable the Governor to confer by Proclama- tion on certain police forces in the Colony the status of militia in time of war.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Police (Militia Status) Ordinance, 1941.

2. In the event of War or in other time of emergency the Police Force constituted by section 3 (1) of the Police Force Ordinance, 1932, the Hong Kong Police Reserve con- stituted by section 4 of the Hong Kong Police Reserve Ordin- ance, 1927, the Police Force, regulated under the Naval Establishments Police Ordinance, 1875, and special con- stables appointed under the Peace Preservation Ordinance. 1886, or any of them shall be liable to be called upon by Proclamation of the Governor to perform combatant duties as Militia forces within the meaning of section 1, chapter 1, Article 1 of the Regulations Respecting the Laws and Customs of War on Land annexed to the Hague Convention II of 1899, either in addition to or in lieu of the duties they are required to perform as police under the said Ordinances.

3. During the continuance in force of any such Pro- clamation the said Militia forces shall be an independent military force under the Command of and trained by their own officers and shall not unless the Governor so directs by Proclamation be under any other command.

4. During the continuance in force of any such Pro- clamation the said Militia forces shall, if it becomes neces- sary or expedient so to do in the Defence of the Colony, engage in Military operations against the armed forces of any enemy attempting to invade or otherwise carrying out warlike operations against the Colony or against the forces of His Majesty.

Objects and Reasons.

1. In normal times and circumstances Police are essen- tially Peace Officers without combatant status, even though they bear arms as they have done in this Colony for many years.

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