646396-1893-Bills-Volunteer-Force-Code-of-Civil-Procedure-Amdt — Page 5

Government Gazette 政府憲報 轅門報 All

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THE HONGKONG GOVERNMENT GAZETTE, 28TH JANUARY, 1893.

that the offender be not kept in such arrest or eustody longer than during the time of the corps or such portion thereof as aforesaid then remaining on march or duty or continuing engaged in any such exercise or drill as aforesaid or otherwise on duty and for the purposes of this provision any such officer or volunteer while going to or returning from any place of exercise, drill, or assembly of his corps shall be deemed to be on duty so long as he continues to wear the clothing or accoutrements of such corps.

(iv) Every such arrest shall be forthwith reported to the Commanding Officer of the corps or such other officer as may be prescribed.

18. (1) With respect to the discipline of officers and volunteers when they are ou actual military service or are undergoing drill, exercise, training, or inspection together with or are voluntarily doing any duty together with Her Majesty's regular forces or any part thereof the following provisions shall take effect:--

The provisions of the Imperial Act Forty-four aud Forty-five Victoria Chapter Fifty-eight and of any other Imperial Act for the time being amending the same shall so far as the same are applicable and consistent with the provisions of this Ordinance apply to all officers and volunteers with the following modifications only :-

(a) That no officer or volunteer shall for any offence against such Act or Acts be subject to the penalty of death.

(b) That no sentence of a Court Martial for the trial

of an officer or volunteer shall be carried into execution unless confirmed by the Governor.

(2) Nothing in this section contained shall be deemed to limit or derogate from the power given by section one hundred and seventy-seven of the said Imperial Act to the General Officer Commanding Her Majesty's forces with which the corps is serving of making such exceptions or modifications as in the same section are referred to.

PART IV.

Rules and Property of Corps.

19. (1) The members of a Volunteer Corps may from time to time make rules for the management of the property, finances and civil affairs of the corps and may alter or repeal any such rules but any such rules shall not have effect unless and until the Commanding Officer of the corps thinks fit to trausmit the same through the General Officer Com- manding the Troops to the Governor for his approval and such approval has been notified by the Governor through the same channel to the Commanding Officer of the corps to be by him forthwith communicated to the corps, where- upon the rules so approved shall be binding on all members of the corps and shall be published in the Government Gazette.

(2) A copy of the rules in print or writing or partly in print and partly in writing certified under the hand of the Commanding Officer as a true copy of the rules whereof such approval has been notified as aforesaid shall be conclusive evidence of the rules of the corps.

20. All moneys subscribed by or to or for the use of a Volunteer Corps and all effects belonging to any such corps or lawfully used by it not being the property of an indivi- dual member of the corps and the exclusive right to sue for and recover current subscriptions, arrears of subscriptions and other moneys due to the corps shall vest in the Com- manding Officer of the corps for the time being and his successors in office with power for him and his successors to sue, to make contracts and conveyances, and to do all other lawful things relating thereto, and any civil or criminal proceedings taken by virtue of this section by the Command- ing Officer of a corps shall not be discontinued or abated by his death, resignation, or removal from office but may be carried on by aud in the name of his successor in office.

21. If.any person fails to deliver up in good order (fair wear and tear excepted) any arms, clothing or appointments which he is liable under this Ordinance or the rules framed hereunder to deliver up he shall be liable to pay to the Com- manding Officer of the corps the value thereof as such value shall be determined by a General Committee constituted in accordance with the rules framed under this Ordinance.

As to discf- pline when

on actual military service.

44 & 15 Vict. c. 58.

Power for corps to make rules.

Vesting of property of corps in Commanding

Officer ex officio.

Volunteers falling to give up arms, &c.. when liable to do so to pay value thereof.

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