56077-1918-The-Geneva-Convention-Act-1911-Colonies-Order-in-Council-1917 — Page 1

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 1, 1918. 37

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 37. The following Order of His Majesty in Council is published for general information.

AT THE COURT AT BUCKINGHAM PALACE,

THE 23RD DAY OF OCTOBER, 1917.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY.

LORD PRESIDENT.

LORD STEWARD.

MR. SECRETARY LONG. SIR FREDERICK PONSONBY.

WHEREAS by the Geneva Convention Act, 1911, it is enacted that from the com-

mencement of the said Act it shall not be lawful for any person to use, for the purposes of his trade or business, or for any other purpose whatsoever, without the authority of the Army Council, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words "Red Cross" or "Geneva Cross," and that if any person acts in contravention of this provision he shall be guilty of an offence against the said Act, and shall be liable on summary conviction to a fine not exceeding £10, and to forfeit any goods upon or in connection with which the emblem or words were used:

And whereas it is also enacted that proceedings under the said Act shall not in England or Ireland be instituted without the consent of the Attorney-General:

And whereas it is also enacted that the said Act shall extend to His Majesty's Posses- sions outside the United Kingdom subject to such necessary adaptations as may be made by Order in Council:

And whereas certain adaptations, as aforesaid have been made by Orders in Council bearing date respectively the 11th day of February, the 12th day of August, and the 14th day of October, 1913, with regard to the application of the said Act to the Dominions of Canada, the Commonwealth of Australia and the Territory of Papua, the Dominion of New Zealand, the Union of South Africa, and the Colony of Newfoundland (hereinafter referred to as His Majesty's Self-governing Dominions):

And whereas it is expedient that certain adaptations should be made in the said Act with regard to its application to all Colonies other than His Majesty's Self-governing Dominions (hereinafter called the Colonies affected by this Order):

NOW, THEREFORE, by virtue and in exercise of the powers in this behalf by the said Act or otherwise vested in His Majesty, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows:-

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1. This Order in Council may be cited for all purposes as The Geneva Convention Act, 1911 (Colonies) Order in Council, 1917."

2. The Geneva Convention Act, 1911, in its application to the Colonies affected by this Order, shall be adapted as follows:--

(1) The powers by the said Act vested in the Army Council shall be vested in the Governor in Council, or, if there shall be no Executive Council in the Colony, in the Governor.

(2) Proceedings under the said Act shall not be instituted without the consent of the Principal Law Officer of the Colony, or, if there shall be no such Law Officer, of the Colonial Secretary.

3. This Order shall come into force in each Colony affected by this Order on a date to be fixed by the Governor.

ALMERIC FITZROY.

NOTE.--The Geneva Convention Act, 1911, was published in the Hongkong Gazette of the 16th March, 1912, as Notification No. 78. The above Order in Council has been brought into force in this Colony by Proclamation No. 1 of 1918 which is published in this issue of the IIongkong Gazette.