VOLUNTEER ORDINANCE, 1893
Title
VOLUNTEER ORDINANCE, 1893
Description
ORDINANCE No. 4 OF 1893.
Volunteer
AN ORDINANCE to provide for the Establishement of a
Volunteer Force and to empower the Governor to raise
a Special Force of Coast Defence Volunteers in the
Event of anticipated War.
[14th March,1893.]
WHEREAS it is expedient to provide for the establishment of a
Volunteer Force and that the Governor should be empowered,
in the event of anticipated war,to raise a special force of Coast Defence
Volunteers to assits in the service of the sub-marine mine defences or in
any measures involving the employment of steamers,launches,boats,or
other vessels:
BE it therefore enacted by the Governor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Volunteer Ordinance,1893.
2.In this Ordinance,unless the context otherwise requires,-
'Commanding Officer of a Corps' means the officer or other member
of the corps who hokds the highest rank in such corps:
'Officer' means a person holding a commission as officer in a
Volunteer Corps:
'Volunteer' means a member of a Volunteer Corps not being an
officer:
'Appointmwents' include accoutrements and equipments of every
kind,other than clothing:
'Actual Military Service' means service under military law for a
continuous period under special Government Proclamation.
PART I.
ORGANIZATION OF VOLUNTEER CORPS.
3.-(1.)It shall be lawful for the Governor to accept the services of
any persons desiring to be formed under this Ordinance into a Volunteer
Corps and offering their services,and,on such acceptance being notified
in The Gazette,the proposed corps shall be deemed lawfully formed
under this Ordinance.
(2.)Any such corps shall be designated by such style as the Governor
may order. 4.The officers of a Volunteer Corps shall be commissioned by the
Governor,and no such commission shall be deemed vacated by the death
or retirement from office of the Governor by whom the same was issued.
5.-(1.)Subject as hereinafter mentioned,any colunteer may,except
on actual military service,quit his corps on complying with the following
conditions:-
(a.)giving to the commanding officer of his corps fourteen days'
notice in writinf of his intention to quit the corps;
(b.)delivering up in good order (fair wear and tear only exceoted)
all arms,clothing,and appointments,being public property or
property of the corps,issued to him;and
(c.)paying all money due or becoming due by him under the rules
of the corps,either before or at the time or by reason of his
quitting it,
and thereupon he shall be struck out of the master roll of the corps by
the commanding officer.
(2.)If any volunteer gives such notice and the commanding officer
refuses to strike him out of the master roll,and the volunteer considers
himself aggrieved thereby,the volunteer may appeal to a Magistrate,who
shall hear and determine the appeal,and may,for the purposes thereof,
administer oaths and examine any person as a witness,and,if it appears
to the Magistrate that the arms,clothing,and appointments issued to
the volunteer ,being public property or property of his corps ,have been
delivered up in good order (fair wear and tear only accepted),or that he
has paid or is ready to pay sufficient compensation for any damages that
such articles may have sustained ,and that all moneys due or becoming
sue by him under this Ordinance or under the rules of his corps,either
before or at the time of or by reason of his quitting it ,have been paid,
the Magistrate may order the commanding officer forthwith to strike
such volunteer out of the muster roll of his corps,and such determination
shall be binding on all persons.
6.Whenever any volunteers are ib actual military service,or are
undergoing drill exercise or inspection together with Her Majesty's
Regular Forces,or are voluntarily doing duty together with such Forces,
they and their officers shall,subject to any regulations made under this
Ordinance,be under the command of the officers of Her Majesty's
Regular Fores,so,nevertheless,that the Volunteers shall,when the
circumstances of the servoce admit ,be led by their own officers under
such command.
7.An annual inspection of every Volunteer Corps shall be held by a
general or field officer of Her Majesty's Army:Provided that this
section shall not apply to Coast Defence Volunteers under Part VI. 8.The Governor-in-Council may by regulations declare what
requisite to entitle a volunteer to be deemed an efficient volunteer by
defining for that purpose the extent of attemdance at drill to be given by
the volunteer,the course of instruction to be gone through by him,and
the degree of proficiency in drill and instruction to be attained by him
and his corps,such proficiency to be judged of by the inspecting officer
at the annual inspection of the corps or otherwise as prescribed.
9.The Governor may disband or discontinue the services of any
Volunteer Corps or any part thereof whenever it may seem to him
expedient to do so.
10.-(1.)The Governor may at any time assemble a Court of Inquiry
composed of officers or other members of a Volunteer Corps,or of both,
to inquire into any matter relative to any Volunteer Corps or to nay
officer or volunteer,and to record the facts and circumstances ascertsined
on such inquiry,and,if required,to report on the same for his
information.
(2.)The commanding officer of a Volunteer Corps may at any time
assemble a Court of Inquiry composed either of officers and volunteers
belonging to the corps,or of such officers or of such volunteers,to inquire
into any matter relative to the corps or any volunteer,and to record the
facts and circumstances ascertained on such inquiry,and,if reuqired ,to
report on the same for the information and assistance of the commanding
officer.
11.The Gvoernor-in-Council may make regulations respecing any-
thing in this Ordinacne directed or authorized to be done or provided by
regulations,and also such regulations as may seem fit(not being incon-
sistent with any of the provisions of this Ordinance)respecting-
(1.)the appointment,promotion,and rank of officers;
(2.)the assembling and proceedings of Courts of Inquiry;and,
(3.)generally,the execution of this Ordinance and the general govern-
ment and discipline of the Volunteer Force.
PART II.
ACTUAL MILITARY SERVICE.
12.-(1.)In case of great national emergency or in case of actual
or apprehended invasion of or attack on the Colony,the Governor may,
by Proclamation,call out any Volunteer Corps for actual military service.
(2.)Every officer and volunteer belonging to every corps so called
out shall be bound to assemble at such place and perform such service
as may be directed by the Governor. (3.)Every such officer and volunteer from the time of his corps being
so called out shall,for the purposes of this Ordinance,be deemed on
actual military service.If any such officer or volunteer,not being
incapacitated by infirmity for service,refuses or neglects so to assemble
he shall be deemed a deserter.
(4.)The period of such service shall continue so long as the Governor-
in-Council may considetr necessary,and shall end only by order of the
Governor.
(5.)Nothing in this Ordinance shall render any officer or volunteer
liable to serve or proceed on duty without his consent beyond the limits
of the Colony,except in the case of Coast Defence Volunteers under
Part VI in cases where they may be employed in the waters of the
Colony or waters adjacent thereto.
13.All persons enrolled in any Volunteer Corps,when called out on
actual military service by the Governor,shall be entitled to pay and
allowances in like manner and after like rates and conditions,and to be
quartered or billeted in like manner in every respect and under and
subject to the same regulations,as Her Majesty's Regular Forces,as far
as the same may by the Governor-in-Council be deemed applicable to
the Volunteer Corps.
14.All persons enrolled and who,when called out on such actual
military service as aforesaid,leave families unable to support themselves
shall,during the period of their absence on such service,be entitled to
relief for their wives and families,and it shall be lawful for the
Governor-in-Council to fix the amount of such relief.
15.All officers and volunteers who may received wounds or
imjuries when called out on actual military service as aforesaid ,and the
widows and families of all such officers and colunteers who may have
been killed or have died,within twelve months after having been
wounded,of wounds received during such actual military service or
have died within twelve months from illness directly traceable to fatigue
or exposure incident to such service,shall be entitled to such pensions or
gratuities as may be fixed by the Governor-in-Council:Provided that
no pension or gratuity under this section shall exceed the sum of
one thousand dollars per annum.
PART III.
DISCIPLINE.
16.With respect to the discipline of officers and volunteers while
they are not on actual military service or undergoing drill exercise, training,or inspection together with or voluntarily doing any duty
together with Her Majesty's Regular Forces or any part thereof,the
following provisions shall take effect:-
(1.)the comanding officer of a Volunteer Corps may,subject to such
appeal to the Governor as hereinafter mentioned,discharge from the
corps any volunteer and strike him out of the muster roll either for
disobedience of orders by him while doing any duty with his corps,
or for neglect of duty or misconduct by him as a member of the
corps,or for other sufficient cause,the existence and sufficiency of
such causes respectively to be judged of by the commanding officer
or ,in case of appeal,by the Governor;
(2.)the volunteer so discharged shall nevertheless be liable to deliver
up in good order (fair wear and tear only excepted) all arms,cloth-
ing,and appointments,being public property or property of the
corps,issued to him,and pay all moneys due or becoming due by
him under this Ordinance or under the rules of the corps,either
before or at the time or by reason of his discharge,but any volunteer
who feels aggrieved by such discharge may appeal to the Governor
within a reasonable time after such discharge,and the Governor may
cancel or confirm such discharge or give such other directions with
reference thereto as to him may seem just and proper,ans such
determination shall be binding on all persons;
(3.)if any such officer or volunteer as aforesaid-
(a.)while he is on the line of march or on duty with the corps to
which he belongs or any part thereof;or
(b.)while he is engaged in any exercise or drill with such corps
or any part thereof;or
(c.)while he is wearing the clothing ot accoutrements of such
corps and is going to or returning from any place of exercise,
drill,or assembly of such corps or is otherwise on duty,
disobey any lawful order of any officer under whose command he
then is or is guilty of misconduct,the officer then in command of
the corps,or any superior officer under whose command the corps
then is ,may order the offender,if an officer,into arrest and,if not
an officer,into the custody of any volunteer belonging to the corps:
Provided that the offender be not kept in such arrest or custody
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;and
(4.)every such arrest shall be forthwith reported to the commanding
officer of the corps or such other officer as may be prescribed.
17.-(1.)With respect to the discipline of officers and colunteers when
they are on 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 Fores or any part thereof,the
following provisions shall take effect,namely,the provisions of the Army
Act of the Imperial Parliament and of any Act of Parliament for
the time being amending the same shall,so far as the same are applic-
able 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;and
(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 shall be deemed to limit or derogate from
the power given by section 177 of the saud Act of Parliament to the
General Officer Commanding Her Majesty's Forces with which the
corps is serving of making such exception to modifications as in the
same section are referred to.
PART IV.
18.-(1.)
affaurs 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 transmit the same through the General Officer
Commanding 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 crops to be by him forthwith
communicated to the corps,whereupon the rules so approved shall be
binding on all members of the corps and shall be published in The
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.
19.-(1.)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 individual member of the corps,and the exclusive rigth to sue for and recover current subscriptions,arrears of
subscriptions,and other moneys due to the corps shall vest in the
commanding 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.
(2.)Any civil or criminal proceedings taken by virtue of this section
by the commanding officer of a corps shall not be siscontinued or abated
by his death,resignation,or removal from office, but may be carried on
by and in the name of his successor in office.
20.If any person fails to deliver up in good order(fair wear and
tear exceoted) 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 commanding officer of the corps the value
thereof as determined by a general committee constituted in accordance
with the rules framed under this Ordinance.
21.If any person belonging or having belonged to a Volunteer Corps
refuses or neglects to pay anything subscribed or undertaken to be paid
by him towards any of the funds or expenses of the corps or due under
the rules of the corps and actually payable by him,or to pay any fine
incurred by him under the rules of the corps,such money or fine shall
(without prejudice to any otehr remedy) be recoverable from him,with
costs,at any time within eighteen months after the same becomes due
and payable in hereinafter mentioned and,when recovered
shall be application of the general fund of the corps.
PART V.
MISCELLANEOUS PROVISIONS.
22.Any money,prcuniary penalty,or fine recoverable under this
Ordinance may be recovered in a summary way before a Magistrate.
23.The commanding officer of any Volunteer Corps may appear
before any Magistrate or Magistrates by any member of the corps
authorized by him in writing under his hand.
24.The provisions of any Ordinance for the time being in force
relating to the storage of gunpowder or explosices shall not apply to
gunpowder or explosives belonging to any corps established or raised
under this Ordinance;but such gunpowder and explosives shall only be
stored in such place or places and subject to such regulations as may be
approved by the Governor.
25.It shall be lawful for the Colonial Treasurer to pay to the
commanding officer of every Volunteer Corps for the purposes of the corps such sum in each year as may be authprozed by the Governor-in-
Council out of moneys voted by the Legislative Council.
26.Every officer and volunteer shall,on his admission to a Volunteer
Corps or as soon afterwards as may be,take the oath or make the
declaration in the Schedule to this Ordinance,to be administered by a
Justice of the Peace or by an officer of the corps who has taken such
oath or made such declaration.
27.Every person who assaults or resists,or aids or abets any person
in assaulting or resisting,any member of a Volunteer Corps in the
discharge of his duty shall,on conviction before a Magshitrate,be liabke
to a penalty not exceeding one hundred dollars,or to imprisonment for
any term not exceeding six months,or to both.
PART VI.
COAST DEFENCE VOLUNTEERS.
28.It shall be lawful for the Governor,if and whenever the out-
break of war between Her Majesty and any Foreign State is apprehended,
to raise a volunteer force of such strength as he may think fit,to be
styled Coast Defence Volunteers,for special services in connexion with
submarine mines or the management of steamers,launches,boats,or
other vessels which may be required for the purpose of the defence of
the Colony and its dependencies.
29.Such Coast Defence Volunteers shall be engaged for a period of
six months if war is not declared within that period,and if war is
declared within that period,then further for the period of the war;but
the Governor shall have power to dismiss any member thereof or to dis-
band the force or any part of the force whenever he may see fit.
30.The Governor shall prescribe a distinctive uniform for such Coast
Defence Volunteers.
31.The Governor-in-Council shall fix the rate of pay for all members
of the force,and may from time to time lay down the proportion of the
several ranks as he may think fit.
32.The provisions of Parts I to V,so far as they are not incon-
sistent with the foregoing provisions of this Part and with service in
the waters of the Colony or waters adjacent thereto,shall apply to the
Coast Defence Volunteers,as if they were a Volunteer Corps established
under the said provisions in Parts I to V;and the Coast Defence
Volunteers shall,for the purposes of such Parts,be deemed to be on
actual military service from the date of their enrolment.
SCHEDULE.
FORMS.
FORM No. 1.
Oath of Officer and Volunteer.
I, A.B., do sincerely promise and swear that I will be faithful and bear
true allegiance to Her Majesty Queen VICTORIA, and that I will faithfully
serve Her Majesty for the defence of the Colony of Hongkong against all
her enemies and opposers whomsoever, according to the conditions of my
service.
FORM No.2.
Declaration of Officers and Volunteer to be made in lieu of the Oath,if
such Officer or Volunteer objects to take the Oath.
I,A.B., do solemnly, sincerely, and truly declare that I will be faithfully and
bear true allegiance to Her Majesty Queen VICTORIA, and that I will faith-
fully serve Her Majesty for the defence of the Colony of Hongkong against
all her enemies and opposers whomsoever, according to the conditions of my
service.
NOTE.-The name of the successor of Her Majesty Queen VICTORIA for
the time being, with proper words of reference thereto,is to be substituted,
as occasion may require, in the case of the Oath or Declaration.
A.D. 1893. Ordinance No. 6 of 1893. Short title. Interpretation of terms. 26 & 27 Vict.c. 65 s. 49. Power to Governor to accept services of corps. Ib.s. 2. Commissions of officers. Power for volunteer to quit corps on certain conditions. 26 & 27 Vict.c. 65 s. 7. Volunteers to be under command of officers of Regular Forces. Annual inspection. Ib.s.10. Requisites of efficiency to be declared by Governor-in-Council. 26 & 27 Vict.c. 65 s. 11. Disbanding of corps. Disbanding of corps. Ib.s.12. Courts of Inquiry. Ib.s.15. Making of regulations for government of Volunteer Force. Ib.s.16. Calling out for actual military service in case of national emergency invasion, etc. Ib.s.17. Pay and allowances on actual military services. 26 & 27 Vict.c. 65 s. 18. Relief to families of persons called out on actual military service. Provision for officers and volunteers disabled on service and for widows and families of those killed on service. Ib.s.20. Discipline while not on actual military service. 26 & 27 Vict.c. 65 s. 21. Discipline when on actual military service. 44 & 45 Vict.c. 58. Making of rules for management of property, etc., of corps. 26 & 27 Vict.c. 65 s. 24. Vesting of property of corps in commanding officer ex officio. 26 & 27 Vict.c. 65 s. 25. Giving up of arms, etc. Recovery of subscriptions and fines. Ib.s.27. Summary recovery of money, etc. Ib.s.48. Appearance before Magistrate of commanding officer. 32 & 33 Vict.c. 81 s. 6. Storage of gunpowder, etc. See Ordinances No. 10 of 1899 and No. 14 of 1901. Payment of public moneys for corps. Taking of oath of allegiance. Schedule. 26 & 27 Vict.c. 65 s. 6. Assaulting or resisting member of corps. Power to raise force o Coast Defence Volunteers in certain events. Period of engagement of volunteers. Uniform of volunteers. Pay and rank of volunteers. Application of provisions of Parts I to V. A.D. 1893. Ordinance No. 9 of 1893, with Ordinance No. 4 of 1899 incorporated. Short title. Interpretation of terms.
Volunteer
AN ORDINANCE to provide for the Establishement of a
Volunteer Force and to empower the Governor to raise
a Special Force of Coast Defence Volunteers in the
Event of anticipated War.
[14th March,1893.]
WHEREAS it is expedient to provide for the establishment of a
Volunteer Force and that the Governor should be empowered,
in the event of anticipated war,to raise a special force of Coast Defence
Volunteers to assits in the service of the sub-marine mine defences or in
any measures involving the employment of steamers,launches,boats,or
other vessels:
BE it therefore enacted by the Governor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Volunteer Ordinance,1893.
2.In this Ordinance,unless the context otherwise requires,-
'Commanding Officer of a Corps' means the officer or other member
of the corps who hokds the highest rank in such corps:
'Officer' means a person holding a commission as officer in a
Volunteer Corps:
'Volunteer' means a member of a Volunteer Corps not being an
officer:
'Appointmwents' include accoutrements and equipments of every
kind,other than clothing:
'Actual Military Service' means service under military law for a
continuous period under special Government Proclamation.
PART I.
ORGANIZATION OF VOLUNTEER CORPS.
3.-(1.)It shall be lawful for the Governor to accept the services of
any persons desiring to be formed under this Ordinance into a Volunteer
Corps and offering their services,and,on such acceptance being notified
in The Gazette,the proposed corps shall be deemed lawfully formed
under this Ordinance.
(2.)Any such corps shall be designated by such style as the Governor
may order. 4.The officers of a Volunteer Corps shall be commissioned by the
Governor,and no such commission shall be deemed vacated by the death
or retirement from office of the Governor by whom the same was issued.
5.-(1.)Subject as hereinafter mentioned,any colunteer may,except
on actual military service,quit his corps on complying with the following
conditions:-
(a.)giving to the commanding officer of his corps fourteen days'
notice in writinf of his intention to quit the corps;
(b.)delivering up in good order (fair wear and tear only exceoted)
all arms,clothing,and appointments,being public property or
property of the corps,issued to him;and
(c.)paying all money due or becoming due by him under the rules
of the corps,either before or at the time or by reason of his
quitting it,
and thereupon he shall be struck out of the master roll of the corps by
the commanding officer.
(2.)If any volunteer gives such notice and the commanding officer
refuses to strike him out of the master roll,and the volunteer considers
himself aggrieved thereby,the volunteer may appeal to a Magistrate,who
shall hear and determine the appeal,and may,for the purposes thereof,
administer oaths and examine any person as a witness,and,if it appears
to the Magistrate that the arms,clothing,and appointments issued to
the volunteer ,being public property or property of his corps ,have been
delivered up in good order (fair wear and tear only accepted),or that he
has paid or is ready to pay sufficient compensation for any damages that
such articles may have sustained ,and that all moneys due or becoming
sue by him under this Ordinance or under the rules of his corps,either
before or at the time of or by reason of his quitting it ,have been paid,
the Magistrate may order the commanding officer forthwith to strike
such volunteer out of the muster roll of his corps,and such determination
shall be binding on all persons.
6.Whenever any volunteers are ib actual military service,or are
undergoing drill exercise or inspection together with Her Majesty's
Regular Forces,or are voluntarily doing duty together with such Forces,
they and their officers shall,subject to any regulations made under this
Ordinance,be under the command of the officers of Her Majesty's
Regular Fores,so,nevertheless,that the Volunteers shall,when the
circumstances of the servoce admit ,be led by their own officers under
such command.
7.An annual inspection of every Volunteer Corps shall be held by a
general or field officer of Her Majesty's Army:Provided that this
section shall not apply to Coast Defence Volunteers under Part VI. 8.The Governor-in-Council may by regulations declare what
requisite to entitle a volunteer to be deemed an efficient volunteer by
defining for that purpose the extent of attemdance at drill to be given by
the volunteer,the course of instruction to be gone through by him,and
the degree of proficiency in drill and instruction to be attained by him
and his corps,such proficiency to be judged of by the inspecting officer
at the annual inspection of the corps or otherwise as prescribed.
9.The Governor may disband or discontinue the services of any
Volunteer Corps or any part thereof whenever it may seem to him
expedient to do so.
10.-(1.)The Governor may at any time assemble a Court of Inquiry
composed of officers or other members of a Volunteer Corps,or of both,
to inquire into any matter relative to any Volunteer Corps or to nay
officer or volunteer,and to record the facts and circumstances ascertsined
on such inquiry,and,if required,to report on the same for his
information.
(2.)The commanding officer of a Volunteer Corps may at any time
assemble a Court of Inquiry composed either of officers and volunteers
belonging to the corps,or of such officers or of such volunteers,to inquire
into any matter relative to the corps or any volunteer,and to record the
facts and circumstances ascertained on such inquiry,and,if reuqired ,to
report on the same for the information and assistance of the commanding
officer.
11.The Gvoernor-in-Council may make regulations respecing any-
thing in this Ordinacne directed or authorized to be done or provided by
regulations,and also such regulations as may seem fit(not being incon-
sistent with any of the provisions of this Ordinance)respecting-
(1.)the appointment,promotion,and rank of officers;
(2.)the assembling and proceedings of Courts of Inquiry;and,
(3.)generally,the execution of this Ordinance and the general govern-
ment and discipline of the Volunteer Force.
PART II.
ACTUAL MILITARY SERVICE.
12.-(1.)In case of great national emergency or in case of actual
or apprehended invasion of or attack on the Colony,the Governor may,
by Proclamation,call out any Volunteer Corps for actual military service.
(2.)Every officer and volunteer belonging to every corps so called
out shall be bound to assemble at such place and perform such service
as may be directed by the Governor. (3.)Every such officer and volunteer from the time of his corps being
so called out shall,for the purposes of this Ordinance,be deemed on
actual military service.If any such officer or volunteer,not being
incapacitated by infirmity for service,refuses or neglects so to assemble
he shall be deemed a deserter.
(4.)The period of such service shall continue so long as the Governor-
in-Council may considetr necessary,and shall end only by order of the
Governor.
(5.)Nothing in this Ordinance shall render any officer or volunteer
liable to serve or proceed on duty without his consent beyond the limits
of the Colony,except in the case of Coast Defence Volunteers under
Part VI in cases where they may be employed in the waters of the
Colony or waters adjacent thereto.
13.All persons enrolled in any Volunteer Corps,when called out on
actual military service by the Governor,shall be entitled to pay and
allowances in like manner and after like rates and conditions,and to be
quartered or billeted in like manner in every respect and under and
subject to the same regulations,as Her Majesty's Regular Forces,as far
as the same may by the Governor-in-Council be deemed applicable to
the Volunteer Corps.
14.All persons enrolled and who,when called out on such actual
military service as aforesaid,leave families unable to support themselves
shall,during the period of their absence on such service,be entitled to
relief for their wives and families,and it shall be lawful for the
Governor-in-Council to fix the amount of such relief.
15.All officers and volunteers who may received wounds or
imjuries when called out on actual military service as aforesaid ,and the
widows and families of all such officers and colunteers who may have
been killed or have died,within twelve months after having been
wounded,of wounds received during such actual military service or
have died within twelve months from illness directly traceable to fatigue
or exposure incident to such service,shall be entitled to such pensions or
gratuities as may be fixed by the Governor-in-Council:Provided that
no pension or gratuity under this section shall exceed the sum of
one thousand dollars per annum.
PART III.
DISCIPLINE.
16.With respect to the discipline of officers and volunteers while
they are not on actual military service or undergoing drill exercise, training,or inspection together with or voluntarily doing any duty
together with Her Majesty's Regular Forces or any part thereof,the
following provisions shall take effect:-
(1.)the comanding officer of a Volunteer Corps may,subject to such
appeal to the Governor as hereinafter mentioned,discharge from the
corps any volunteer and strike him out of the muster roll either for
disobedience of orders by him while doing any duty with his corps,
or for neglect of duty or misconduct by him as a member of the
corps,or for other sufficient cause,the existence and sufficiency of
such causes respectively to be judged of by the commanding officer
or ,in case of appeal,by the Governor;
(2.)the volunteer so discharged shall nevertheless be liable to deliver
up in good order (fair wear and tear only excepted) all arms,cloth-
ing,and appointments,being public property or property of the
corps,issued to him,and pay all moneys due or becoming due by
him under this Ordinance or under the rules of the corps,either
before or at the time or by reason of his discharge,but any volunteer
who feels aggrieved by such discharge may appeal to the Governor
within a reasonable time after such discharge,and the Governor may
cancel or confirm such discharge or give such other directions with
reference thereto as to him may seem just and proper,ans such
determination shall be binding on all persons;
(3.)if any such officer or volunteer as aforesaid-
(a.)while he is on the line of march or on duty with the corps to
which he belongs or any part thereof;or
(b.)while he is engaged in any exercise or drill with such corps
or any part thereof;or
(c.)while he is wearing the clothing ot accoutrements of such
corps and is going to or returning from any place of exercise,
drill,or assembly of such corps or is otherwise on duty,
disobey any lawful order of any officer under whose command he
then is or is guilty of misconduct,the officer then in command of
the corps,or any superior officer under whose command the corps
then is ,may order the offender,if an officer,into arrest and,if not
an officer,into the custody of any volunteer belonging to the corps:
Provided that the offender be not kept in such arrest or custody
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;and
(4.)every such arrest shall be forthwith reported to the commanding
officer of the corps or such other officer as may be prescribed.
17.-(1.)With respect to the discipline of officers and colunteers when
they are on 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 Fores or any part thereof,the
following provisions shall take effect,namely,the provisions of the Army
Act of the Imperial Parliament and of any Act of Parliament for
the time being amending the same shall,so far as the same are applic-
able 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;and
(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 shall be deemed to limit or derogate from
the power given by section 177 of the saud Act of Parliament to the
General Officer Commanding Her Majesty's Forces with which the
corps is serving of making such exception to modifications as in the
same section are referred to.
PART IV.
18.-(1.)
affaurs 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 transmit the same through the General Officer
Commanding 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 crops to be by him forthwith
communicated to the corps,whereupon the rules so approved shall be
binding on all members of the corps and shall be published in The
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.
19.-(1.)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 individual member of the corps,and the exclusive rigth to sue for and recover current subscriptions,arrears of
subscriptions,and other moneys due to the corps shall vest in the
commanding 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.
(2.)Any civil or criminal proceedings taken by virtue of this section
by the commanding officer of a corps shall not be siscontinued or abated
by his death,resignation,or removal from office, but may be carried on
by and in the name of his successor in office.
20.If any person fails to deliver up in good order(fair wear and
tear exceoted) 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 commanding officer of the corps the value
thereof as determined by a general committee constituted in accordance
with the rules framed under this Ordinance.
21.If any person belonging or having belonged to a Volunteer Corps
refuses or neglects to pay anything subscribed or undertaken to be paid
by him towards any of the funds or expenses of the corps or due under
the rules of the corps and actually payable by him,or to pay any fine
incurred by him under the rules of the corps,such money or fine shall
(without prejudice to any otehr remedy) be recoverable from him,with
costs,at any time within eighteen months after the same becomes due
and payable in hereinafter mentioned and,when recovered
shall be application of the general fund of the corps.
PART V.
MISCELLANEOUS PROVISIONS.
22.Any money,prcuniary penalty,or fine recoverable under this
Ordinance may be recovered in a summary way before a Magistrate.
23.The commanding officer of any Volunteer Corps may appear
before any Magistrate or Magistrates by any member of the corps
authorized by him in writing under his hand.
24.The provisions of any Ordinance for the time being in force
relating to the storage of gunpowder or explosices shall not apply to
gunpowder or explosives belonging to any corps established or raised
under this Ordinance;but such gunpowder and explosives shall only be
stored in such place or places and subject to such regulations as may be
approved by the Governor.
25.It shall be lawful for the Colonial Treasurer to pay to the
commanding officer of every Volunteer Corps for the purposes of the corps such sum in each year as may be authprozed by the Governor-in-
Council out of moneys voted by the Legislative Council.
26.Every officer and volunteer shall,on his admission to a Volunteer
Corps or as soon afterwards as may be,take the oath or make the
declaration in the Schedule to this Ordinance,to be administered by a
Justice of the Peace or by an officer of the corps who has taken such
oath or made such declaration.
27.Every person who assaults or resists,or aids or abets any person
in assaulting or resisting,any member of a Volunteer Corps in the
discharge of his duty shall,on conviction before a Magshitrate,be liabke
to a penalty not exceeding one hundred dollars,or to imprisonment for
any term not exceeding six months,or to both.
PART VI.
COAST DEFENCE VOLUNTEERS.
28.It shall be lawful for the Governor,if and whenever the out-
break of war between Her Majesty and any Foreign State is apprehended,
to raise a volunteer force of such strength as he may think fit,to be
styled Coast Defence Volunteers,for special services in connexion with
submarine mines or the management of steamers,launches,boats,or
other vessels which may be required for the purpose of the defence of
the Colony and its dependencies.
29.Such Coast Defence Volunteers shall be engaged for a period of
six months if war is not declared within that period,and if war is
declared within that period,then further for the period of the war;but
the Governor shall have power to dismiss any member thereof or to dis-
band the force or any part of the force whenever he may see fit.
30.The Governor shall prescribe a distinctive uniform for such Coast
Defence Volunteers.
31.The Governor-in-Council shall fix the rate of pay for all members
of the force,and may from time to time lay down the proportion of the
several ranks as he may think fit.
32.The provisions of Parts I to V,so far as they are not incon-
sistent with the foregoing provisions of this Part and with service in
the waters of the Colony or waters adjacent thereto,shall apply to the
Coast Defence Volunteers,as if they were a Volunteer Corps established
under the said provisions in Parts I to V;and the Coast Defence
Volunteers shall,for the purposes of such Parts,be deemed to be on
actual military service from the date of their enrolment.
SCHEDULE.
FORMS.
FORM No. 1.
Oath of Officer and Volunteer.
I, A.B., do sincerely promise and swear that I will be faithful and bear
true allegiance to Her Majesty Queen VICTORIA, and that I will faithfully
serve Her Majesty for the defence of the Colony of Hongkong against all
her enemies and opposers whomsoever, according to the conditions of my
service.
FORM No.2.
Declaration of Officers and Volunteer to be made in lieu of the Oath,if
such Officer or Volunteer objects to take the Oath.
I,A.B., do solemnly, sincerely, and truly declare that I will be faithfully and
bear true allegiance to Her Majesty Queen VICTORIA, and that I will faith-
fully serve Her Majesty for the defence of the Colony of Hongkong against
all her enemies and opposers whomsoever, according to the conditions of my
service.
NOTE.-The name of the successor of Her Majesty Queen VICTORIA for
the time being, with proper words of reference thereto,is to be substituted,
as occasion may require, in the case of the Oath or Declaration.
A.D. 1893. Ordinance No. 6 of 1893. Short title. Interpretation of terms. 26 & 27 Vict.c. 65 s. 49. Power to Governor to accept services of corps. Ib.s. 2. Commissions of officers. Power for volunteer to quit corps on certain conditions. 26 & 27 Vict.c. 65 s. 7. Volunteers to be under command of officers of Regular Forces. Annual inspection. Ib.s.10. Requisites of efficiency to be declared by Governor-in-Council. 26 & 27 Vict.c. 65 s. 11. Disbanding of corps. Disbanding of corps. Ib.s.12. Courts of Inquiry. Ib.s.15. Making of regulations for government of Volunteer Force. Ib.s.16. Calling out for actual military service in case of national emergency invasion, etc. Ib.s.17. Pay and allowances on actual military services. 26 & 27 Vict.c. 65 s. 18. Relief to families of persons called out on actual military service. Provision for officers and volunteers disabled on service and for widows and families of those killed on service. Ib.s.20. Discipline while not on actual military service. 26 & 27 Vict.c. 65 s. 21. Discipline when on actual military service. 44 & 45 Vict.c. 58. Making of rules for management of property, etc., of corps. 26 & 27 Vict.c. 65 s. 24. Vesting of property of corps in commanding officer ex officio. 26 & 27 Vict.c. 65 s. 25. Giving up of arms, etc. Recovery of subscriptions and fines. Ib.s.27. Summary recovery of money, etc. Ib.s.48. Appearance before Magistrate of commanding officer. 32 & 33 Vict.c. 81 s. 6. Storage of gunpowder, etc. See Ordinances No. 10 of 1899 and No. 14 of 1901. Payment of public moneys for corps. Taking of oath of allegiance. Schedule. 26 & 27 Vict.c. 65 s. 6. Assaulting or resisting member of corps. Power to raise force o Coast Defence Volunteers in certain events. Period of engagement of volunteers. Uniform of volunteers. Pay and rank of volunteers. Application of provisions of Parts I to V. A.D. 1893. Ordinance No. 9 of 1893, with Ordinance No. 4 of 1899 incorporated. Short title. Interpretation of terms.
Abstract
A.D. 1893. Ordinance No. 6 of 1893. Short title. Interpretation of terms. 26 & 27 Vict.c. 65 s. 49. Power to Governor to accept services of corps. Ib.s. 2. Commissions of officers. Power for volunteer to quit corps on certain conditions. 26 & 27 Vict.c. 65 s. 7. Volunteers to be under command of officers of Regular Forces. Annual inspection. Ib.s.10. Requisites of efficiency to be declared by Governor-in-Council. 26 & 27 Vict.c. 65 s. 11. Disbanding of corps. Disbanding of corps. Ib.s.12. Courts of Inquiry. Ib.s.15. Making of regulations for government of Volunteer Force. Ib.s.16. Calling out for actual military service in case of national emergency invasion, etc. Ib.s.17. Pay and allowances on actual military services. 26 & 27 Vict.c. 65 s. 18. Relief to families of persons called out on actual military service. Provision for officers and volunteers disabled on service and for widows and families of those killed on service. Ib.s.20. Discipline while not on actual military service. 26 & 27 Vict.c. 65 s. 21. Discipline when on actual military service. 44 & 45 Vict.c. 58. Making of rules for management of property, etc., of corps. 26 & 27 Vict.c. 65 s. 24. Vesting of property of corps in commanding officer ex officio. 26 & 27 Vict.c. 65 s. 25. Giving up of arms, etc. Recovery of subscriptions and fines. Ib.s.27. Summary recovery of money, etc. Ib.s.48. Appearance before Magistrate of commanding officer. 32 & 33 Vict.c. 81 s. 6. Storage of gunpowder, etc. See Ordinances No. 10 of 1899 and No. 14 of 1901. Payment of public moneys for corps. Taking of oath of allegiance. Schedule. 26 & 27 Vict.c. 65 s. 6. Assaulting or resisting member of corps. Power to raise force o Coast Defence Volunteers in certain events. Period of engagement of volunteers. Uniform of volunteers. Pay and rank of volunteers. Application of provisions of Parts I to V. A.D. 1893. Ordinance No. 9 of 1893, with Ordinance No. 4 of 1899 incorporated. Short title. Interpretation of terms.
Identifier
https://oelawhk.lib.hku.hk/items/show/671
Edition
1901
Volume
v2
Cap / Ordinance No.
No. 4 of 1893
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“VOLUNTEER ORDINANCE, 1893,” Historical Laws of Hong Kong Online, accessed January 23, 2025, https://oelawhk.lib.hku.hk/items/show/671.
