CAB11-57-12 — Page 105

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CHAPTER VI. (1).

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Pret Projany

Jange

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(iii.) By his Excellency, &c.

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I. Whereas, by Clause 1 of an Order of the late Queen in Council, dated the 26th day of October, 1896, it is provided that the Order shall come into operation in the Colony of Hong Kong on being proclaimed by the Governor of that Colony.

Now, therefore, I,

Governor, &c., do proclaim as follows:—

II. In this Order the words "the Colony" mean the Colony of Hong Kong and its Dependencies, and the term "Governor means the person for the time being administering the Government of the Colony.

III. So long as this Order shall be in operation in the Colony the following provisions shall have effect:-

:-

1. Every person who shall for the time being be within the limits of the Colony shall be subject to military law for the purposes of the Army Act, and the said Act shall, subject to the provisions of this Order, be deemed to apply to such person in the same manner as if such person had been a person accompanying His Majesty's troops or some portion thereof when employed in active service beyond the seas, and such person shall, for the purposes of the said Act, be deemed to be under the command of the Officer Commanding His Majesty's troops.

Provided that a person who is by virtue of this Order subject to military law shall, unless the Governor directs otherwise, be tried by a competent Civil Court, and not by Court Martial, for any offence for which he would be triable if he were not subject to military law.

Provided also that a person who is by virtue of this Order subject to military law may, if the Governor so directs, be tried for any offence punishable under the Army Act by a Civil Court-- that is to say, by a Court of Summary Jurisdiction, in a summary manner-if the offence is not punishable by death or penal servitude, and if the Court considers that it would be adequately punished by imprisonment for a term not exceeding six months, and in all other cases by the same Court and in the same manner as if the offence with which such person is charged were an offence against the civil law not triable by a Court of Summary Jurisdiction.

2. Any declaration made by the Governor under Section 189 of the Army Act shall be deemed to apply to every military force raised in the Colony.

3. The Governor may order any person to quit the Colony or any part of or place in the Colony to be specified in such order, and if any person shall refuse to obey any such order the Governor may cause him to be arrested and removed from the Colony or from such part thereof or place therein, and for that purpose to be placed on board of any ship or boat.

4. The Governor may make any regulations or orders respecting any port or harbour in the Colony and the movement or location of ships and boats therein or in any waters of the Colony, and any provision of any law of the Colony which may be inconsistent with any regulation or order made by the Governor under this sub-clause shall be suspended and of no effect during the continuance of such regulation or order. Provided that no such regulation or order shall be put in force in such a manner as to be prejudicial to the action of His Majesty's naval or military forces.

5. The Governor may require any person to do any work or render any personal service which the Governor may think necessary to order in aid of or in connection with the defence of the Colony.

6. The Governor may require any person to supply any animals, vehicles, ships, boats, or other personal property belonging to or under the control of such person to the Government, if such property be required in aid of or in connection with the defence of the Colony, and, in default of the person supplying the same, may seize and take possession of and retain any such animals, vehicles, boats, or other personal property for such purposes.

7. The Governor may take and retain, for such period as he may think necessary, possession for public purposes any land or building or other property, including gasworks and works for the supply of electric light, waterworks, wells, and springs of water, tanks, and other receptacles of rain water, and may, if he think it necessary for the purposes of the defence of the Colony, cause any buildings to be pulled down and removed, and any property to be removed from one place to another or to be destroyed.

8. The Governor may direct that all the resources of any railway in the Colony shall be placed at his disposal for any purpose which he considers necessary in connection with the defence of the Colony, and no liability whatever shall be incurred on account of any interference with the regular traffic which may thus be occasioned.

9. The Governor may seize and take possession of any grain, article of food, coal or other fuel and mineral oils within the limits of the Colony, and may sell any grain, article of food, coals, fuel, and oils so seized and taken at such prices as may be determined by the Board herein- after mentioned, and the moneys to be received for such sales shall be paid into the Treasury of the Colony.

10. The Governor may, by proclamation, prescribe the maximum price for which any article of food may be sold by retail, and any person who after such proclamation, and until it shall have been revoked, shall sell any article of food at a higher price than the price so prescribed shall be deemed guilty of an offence against this Order, and shall, on conviction thereof, be liable to a fine not exceeding 50 dollars, or to imprisonment for a term not exceeding three months.

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