647326-1893-General-Orders-Army-Act-1893 — Page 3

552

A.D. 1893.

THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1893.

6. Whereas it is expedient to amend section thirty-two of the Army Act so as to Amendment of 44 & provide that the expression "discharged with disgrace" shall include a person discharged 45 Vict. c. 58. s. 32 for misconduct, be it therefore enacted that-

as to enlistment of

soldier discharged

with disgrace.

Amendment of 44 &

as to summary trial by commanding officer.

In subsection two of the said section, after the word "worthless," shall be

added the words "discharged for misconduct."

7. Whereas it is expedient to extend the maximum period of imprisonment capable 45 Vict. c. 58. 5a of being awarded where a case is dealt with summarily under section forty-six of the Army Act, and at the same time to give a soldier the right in certain cases to be tried by a district court-martial, instead of submitting to the jurisdiction of his commanding officer; be it therefore enacted that-

Amendment of 44 &

(1.) In sub-section two of the said section for the word " seven shall be

substituted the word "fourteen."

(2.) In sub-section three of the said section, after the word "court-martial," shall be added the words "or the right of the soldier to be tried by a district court-martial."

(3.) For sub-section eight of the said section shall be substituted the following

sub-section :-

"(8.) Where a commanding officer has power to deal with a case

summarily under this section, and, after hearing the evidence, considers that he may so deal with the case, he shall, unless he awards one of the minor punishments re- ferred to in this section, ask the soldier charged whether he desires to be dealt with suminarily or to be tried by a district court-martial, and if the soldier elects to be tried by a district court-martial the commanding officer shall take steps for bringing him to trial by a district court- martial, but otherwise shall proceed to deal with the case summarily."

8. Whereas it is expedient to provide that a district court-martial may in

45 Vict, c. 58, s. 48 Consist of three members; be it therefore enacted that—

as to constitution of

district courts-

martial.

Abolition of

summary courts.

martial, and

amendment of

provisions as to

field general courts- martial.

any case

In sub-section four of section forty-eight of the Army Act the words "in the United Kingdom, India, Malta, and Gibraltar, "of not less than five, and elsewhere" shall be omitted.

9. Whereas it is expedient to simplify the provisions of the Army Act relating to courts-martial by abolishing summary courts-martial, and enabling field general courts- martial to exercise the powers of summary courts-martial; be it therefore enacted that- (1.) In sub-section one of section forty-nine of the Army Act, after the words "beyond the seas," shall be added the words "or to the commanding "officer of any corps or portion of a corps on active service, or to any "officer in immediate command of a body of forces on active service (2.) In the same sub-section the words "under his command against the "property or person of any inhabitant of or resident in such country" shall be omitted:

(3.) In the same sub-section, after the words "provided as follows," shall

be added the following proviso :—

:

"(a.) An officer in command of a detachment or portion of troops not on active service shall not convene a field general court-martial for the trial of any person unless that person is under bis command, nor unless the offence with which the person is charged is an offence against the property or person of an inhabitant of, or resident in, the country in which the offence is alleged to have been committed":

And the provisoes now marked (u.) and (b.) shall be marked (b.) and

(c.) respectively :

(4.) In the same sub-section, after the words "not less than three officers," shall be added the words "unless the officer convening the sanie is of "opinion that three officers are not available, having due regard to the "public service, in which case the court-martial may consist of two "officers":

(5.) At the end of the same sub-section, after the word "captain," shall be

added the following paragraph :-

"(d.) Where a field general court-martial consists of less than three officers, the sentence shall not exceed such summary punishment as is allowed by this Act, or imprisonment."