FO371-23518 — Page 211

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Objects and Reasons.

1. The provisions of this Bill are based upon the General Military Service Ordinance, 1918, which was repealed by Ordinance No. 23 of 1919.

2. The object of this Bill is to create a reserve force called the Hong Kong Military Reserve the members of which shall be liable for service with His Majesty's regular forces within and without the limits of this Colony.

3. With certain exceptions, which are specified in clause 3 (1), the liability to enrolment in this Reserve will extend to all male British subjects who have not attained the age of forty-one years at the date of the commencement of this Ordinance, and who have attained, or may hereafter attain, the age of eighteen years.

4. Subject to the exceptions referred to in the preceding paragraph, it is intended that the case of every male British subject between the specified ages shall be considered with a view to his enrolment. This applies to civil servants as well as to the other members of the community, but in the case of civil servants the procedure will be different.

5. The first step in the procedure leading up to enrolment is a medical examination which is provided for in clause 5 of the bill.

6. The next step is an order, issued by the proper authority, directing the British subject in question to appear before the military service tribunal. This tribunal will, subject to the appeal referred to below, be the sole judge as to whether the British subject in question shall be enrolled or exempted. The grounds of exemption, which are stated in clause 6 (4), are based on those laid down in the Military Service Act, 1916, 5 and 6 Geo. 5, c. 104, s. 2 (1). It will be seen from this sub-clause and from clause 6 (5) that the only grounds on which an absolute exemption may be granted are:

(a) the ground of Imperial interests: and

(b) the ground of the essential interests of the Colony. Exemption on the ground of exceptional financial or business obligations or domestic position may not be granted for a longer period than three months in the first instance, or for a longer period than six months in all, including extensions, if any.

7. An appeal from the decisions of this tribunal to an appeal tribunal consisting of the Chief Justice, a senior officer of His Majesty's forces and one other member is provided. The appeal may be against either enrolment or exemption, and it may be made by the British subject in question, or by his employer (if any), or by the military authorities.

8. The cases of all civil servants between the specified ages will also be inquired into, but in their case the inquiry will be conducted by the Governor, whose decision is final.

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