VOLUNTEER ORDINANCE, 1893
Title
VOLUNTEER ORDINANCE, 1893
Description
No. 4 of 1893.
To provide for the establishment of a Volunteer Force,
[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 assist in the service of the sub-marine mine
defences or in any measures involving the employment of steamers,
launches, boats, or other Yessels.
1. The Volunteer Ordinance, 1893.
2. In this Ordinance
'commanding Officer of a Corps ' means the officer or other
member of the corps mho holds the highest rank in such corps
Officer ' means a person holding a commission as officer in a
Volunteer Corps:
'officer' mans a member of a Volunteer Corps not being
an officer.
'Volunteer' means a member of a Volunteer Corps not being,
'Appointments ' 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.
ORGANTZATION 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 service and, on such acceptance
being notified in the Gazette, the proposed corps shall be deemed
lawfully formed.
(2) Any such corps shall be designed 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 Of
death or retirement from office of the Governor by whom the same
was issued.
* ik~; ainended by INTo. 1 of .1912.
f As amended by No. 50 of 1911.
5.-(1) Subject as hereinafter mentioned, any volunteer may,
except on actual military service, quit his corps on complying with
the following conditions :-
(a) giving to the commanding officer of his corps 14 days notice
in writing of his intention to quit the corps
(b) delivering up in good order (fair wear and tear only excepted)
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 muster roll, and the volunteer con-
siders 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 Magitrate 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 excepted) 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
due 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 forth-
with to strike, such volunteer of the muster roll of his corps,
and such determination shall be binding on all persons.
6. Whenever any volunteers are (1) actual military service, or are
undergoing drill exercise or inspection together with His Majesty's
regular forces, or are voluntarily doing duty together with such
forces, they and their officers shall, subject to any regulations made
tinder this Ordinance,, be under the command of the officers of His
Majesty's regular forces, so, nevertheless, that the volunteers shall,
when the circumstances of the service admit, be led by their own
officers under such command.
* As aiviencl.ecl by No, 51 of 191L,
7 an annual inspection of every volunteer corps shall be held
by a general or field officer of his majesty's army: provided that
this shall not apply to coast defence volunteers under part VI.
8 the governor-in-council may by regulations declare what is
requisite to entitle a volunteer to be deemed an efficient volunteer
by defining for that purpose the extent of attendance 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 instuction 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 therof 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 any officer or volunteer, and to record the facts and
circumstances ascertained 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 oficers 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 required, to report on the same for the information and
assistance of the commanding officer.
11 the governor-in-council may make regulations respecting
anything in this ordinance directed or authorised to be done or provided
by regulations, and also 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
government and discipline of the volunteer force.
PART II.
ACTUAL MILITARY SERVICE.
12.-(1) In case of great ngtlonal emergency or in case of actual
or apprehended invasion ol or attack on the Colony, the Governor
may, by proclamation, call oLit any Voluniteer Corps ior actual
military service.
(2) Every officer and volunteer belonging to every corps so called
out shall be bound to assemble at such place and parform such
service as may be direeted 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 millitary service. if any such officer or volunteer,
not being incapacitated by Infirmity for service, refuses or neglects
so to assemble he shall bc deemed a deserter.
(4) The period of such service shall continue so long as the
the governor-in-council may consider 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 onsent beyond the
limits of the Colony, except in the case of Coast Defence Volunteers
under Part I in cases where they may be employed in the waters
of the Colony or waters adjacent thereto.
13. All persons, envolled 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 nnanner in every respect and
under and subject to the same regulations, as His Majesty's regular
forces, as far as the same may by the governor-in-council be deem-
ed applicable to the Volunteer Corps.
14. All persons enrolled and who, when called,out on such actual
military service as aforesald, leave families unable to support them-
selves shall, dnring, the period of their absence on such service, be
entitled to for their wives and families,, and it shall be lawful
for the Governor-in-Council to fix the amount oi such relief.
15. All officers and volunteers who may have received wounds or
injuries when called otit on actual military service as aforesaid, and
* As bv No. J51 of 1911.
the widows and families of all such offeers and volunteers who may
have been killed or have died, within. 12 months after having been
wounded, of wounds received during such actual military service or
have died-within 12 months from illness directly traceable to fatigue
or exposure to such service, shall be entitled to such per-
sions 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 1,000 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 His Majuesty's regular forees or any part thereof, the
following provisions shall take effect:-
(1) the commanding, officer of a Volunteer Corps may, subject to
such appeal to the governor-in-council as hereinafter mentioned, discharge
from the corps any volunteer and strike him out of the muster roll
either for disobedience ol 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 suffi-
ciency of such Cause respectively to be judged of by the command-
ing officer or, in case of appeal, by the Governor;
(2) the volonteer so discharged shall nevertheless be liable to
deliver up in good orderand tear only excepted) all arms,
clothing, and appointments, being public property or proterty 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 tinie 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 prorer, and such
determination shall be binding on all persons;
(3) if any such officer or volunteer as aforesaid-
(a.) while lie is ori. tbe line of march or on duity witb the corps to
which lie belongs or any part thereof; or
*~ As aniended by No. 51 of 1911.
(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 or 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,
disobeys any lawful order ol 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 coniniand
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 aforesald then remaining on march or duty or continuing
engaged in any such exercise or drill as aforeaid 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 command-
ing officer of the corps or such other officer as may be prescribed.
17(1) With respect to the discipline of officers and volunteers
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 His Majesty's regular forces or any part
thereof, the following provisions shall take effect namely, the
provision of the Army Act of the Imperial Parliament 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 shall for any offence against such
Act 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 said Act to the General
Officer Commanding his Majesty's Forces with which the corps is
As amended by No. 51 of 1911 and No. 1 of 1912.
serving of making such exceptions or modifications as in the same
section are referred to.
PART IV.
RULES AND PROPFRTY OF CORPS.
18.(1) The members of an Volunteer Corps may make rules for
the management of the property, finances, and civil affairs of the
corps, 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 corps to be by him forthwith comitninicated to the corps,
whereupon the rules so approved shail 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. 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 right 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 with power for him to
sue, to make contracts and conveyances, and to do all other lawful
things relating thereto.
20. If any person fails to deliver up in good order (fair wear and
tear excepted) any arms, clothing or appointments which lie 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 riiles frarned 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
As ainended by No. 50 of 1911 and No. 1 of 1912.
As orvieiide(l by No, 1 of 1912.
to pay any fine incurred by him under the rules of the corps, such
money or fine shall (without prejudice to any other remedy) be
recoverable froin him, with cost, at any time within 18 months
after the same becomes due and payable in manner hereinafter
mentioned and, when recovered, shall be applied as part of the
general fund of the corps.
PART V.
MISCELLANEOUS PROVISIONS.
22. Any money, penalty, or fine recoverable under fflis
Ordinance may be recovered in a sunirnary way before a Magistrate.
23. The commanding officer of any volunteer Corps may appear
before a Magistrate by any member of the corps authorised by him
in writing under his hand.
24. The provisions of any Ordinance relating to the storage of
gunpowder or explosives shall not, apply to gunpowder or explosives
beloning to any corps established or raised under this Ordinance;
but such gunpowder and explosives shall only be stored in such
places and subject to such regulations as way be approved by the
Governor.
25. It shall be lawful for the Treasurer to pay to the commanding
officer of every Volointeer Corps for the purposes of the corps such
sum ill each year as may boby the Goverilor-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 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 discharde of his dUty Shall, on conviction before a Magistrate,
be liable to a fine not exceeding 100 dollars, and to imprisonment,
without hard labour, for any terni not exceeding 6 months.
* As ainended by No. 1 of 1912.
+ AS uii-ieiidc~d by 'No. jo of 1911.
As arnended by --~o. 30 of 1911,
PART V1.
COAST DEFENCE VOLUNTEERS
28. It shall. be lawful for'the governor, if and whenever the out-
break of war between his majesty and any Foreign State is
apprehended, to raise a volunteer foree of such strength,as he may
think fit, to be style Coast Defenee Voltunteers, for special
services in connection with submarine mines or the mangeament of
steamers, launches, boats, or other vessels which may be required
for the purpose of the dei'ence of the Colorly.
29. Such Coast Defence Volunteers shall be engaged for a period
of 6 months it war is not, declared within that period, and if war
is declared within that the period of the
war; but the Governor shall have power to dismiss any member
thereof or to disband the force or any part of the force whenever be
may see fit.
20. The Governor shall prescribe a distinctive uniform for such
Coast Defence Volunteers.
31. The the governor-in-council shall fix the rate of pay for all
members of the force, and nias, lay down the proportion of the
several ranks as he may think fit.
32. The provisions of Parts 1 to V, so far as they are not
inconsistent 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 1 to V; and the
Coast Defence Volunteers shall, for the purposes of such Parts, be
deemd to be on actual rrillitary service from the date of their
enrolinent.
SCHEDULE.
FORM No. L
Oath of Officer and
I, A.B., do sincerely promise and swear that I will be faithful and bear true
alleginance to his majestey king george the fifth, his heirs and successor and that
I will faithfully serve his majesty, his heirs and successors for the defence of the
Colony of hongkong against all enemies and opposers whatsoever, according to
the conditions of any service.
As arnended 1) - v ',No. al of 1917. and No. 1 of 1912.
A. amended. j).), 550 of 191.1.
As ainninled bY N'O. 51 of 11911 and No. 43 of 1912,
Fonm No. 2.
Declaration of Officer 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 faithful and bear
true allegiance to his Majesty king george the Fifth, His Heirs and Successors and
that I will faithfully serve his Majesty, his Heirs aud Successors for the defence
of the Colony of hongkong, against all his enemies and opposers whomsoever, according
to the conditions of my service.
NOTE-The name of the successor of his majesty king George the Fifth for the
time being, with proper words of reference thereto, is to be substlituted, as occasion
may require, in the case of the Oath or Declaration.
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 officer of regular forces. Annual inspection. [26 & 27 Vict.c. 65 s. 10.] Requisites of efficiency to be declared by Governor-in-Council. [ib.s.11.] Disbanding of Corps. [ib.s.12.] Courts of Inquiry. [ib.s.15.] Regulations for government of Volunteer Force. [ib.s.16.] Calling out for actual military service in case of national emergency, invasion, etc. [26 & 27 Vict.c. 65 s. 17.] Pay and allowances on actual military service. [ib.s.18.] Relief to families of persons called out on actual military services. Provision for officers and volunteers disabled on service and for widows and families of those killed on service. [26 & 27 Vict.c. 65 s. 20.] Discipline while not on actual military service. [ib.s.21.] Discipline when on actual military service. [44 & 45 Vict.c. 58.] 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. [ib.s.25.] Giving up of arms, etc. Recovery of subscriptions and fines. [ib.s.27.] Summary remedies. [26 & 27 Vict.c. 65 s. 48.] Appearance before Magistrate of commanding officer. [32 & 33 Vict.c. 81 s. 6.] Storage of gunpowder, etc. Payment of public money for corps. Oath of allegiance. [26 & 27 Vict.c. 65 s. 6.] Assaulting or resisting member or corps. Power to raise Coast Defence Volunteers in certain events. Period of engagement. Uniform. Pay and rank. Application of Parts I to V.
To provide for the establishment of a Volunteer Force,
[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 assist in the service of the sub-marine mine
defences or in any measures involving the employment of steamers,
launches, boats, or other Yessels.
1. The Volunteer Ordinance, 1893.
2. In this Ordinance
'commanding Officer of a Corps ' means the officer or other
member of the corps mho holds the highest rank in such corps
Officer ' means a person holding a commission as officer in a
Volunteer Corps:
'officer' mans a member of a Volunteer Corps not being
an officer.
'Volunteer' means a member of a Volunteer Corps not being,
'Appointments ' 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.
ORGANTZATION 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 service and, on such acceptance
being notified in the Gazette, the proposed corps shall be deemed
lawfully formed.
(2) Any such corps shall be designed 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 Of
death or retirement from office of the Governor by whom the same
was issued.
* ik~; ainended by INTo. 1 of .1912.
f As amended by No. 50 of 1911.
5.-(1) Subject as hereinafter mentioned, any volunteer may,
except on actual military service, quit his corps on complying with
the following conditions :-
(a) giving to the commanding officer of his corps 14 days notice
in writing of his intention to quit the corps
(b) delivering up in good order (fair wear and tear only excepted)
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 muster roll, and the volunteer con-
siders 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 Magitrate 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 excepted) 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
due 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 forth-
with to strike, such volunteer of the muster roll of his corps,
and such determination shall be binding on all persons.
6. Whenever any volunteers are (1) actual military service, or are
undergoing drill exercise or inspection together with His Majesty's
regular forces, or are voluntarily doing duty together with such
forces, they and their officers shall, subject to any regulations made
tinder this Ordinance,, be under the command of the officers of His
Majesty's regular forces, so, nevertheless, that the volunteers shall,
when the circumstances of the service admit, be led by their own
officers under such command.
* As aiviencl.ecl by No, 51 of 191L,
7 an annual inspection of every volunteer corps shall be held
by a general or field officer of his majesty's army: provided that
this shall not apply to coast defence volunteers under part VI.
8 the governor-in-council may by regulations declare what is
requisite to entitle a volunteer to be deemed an efficient volunteer
by defining for that purpose the extent of attendance 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 instuction 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 therof 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 any officer or volunteer, and to record the facts and
circumstances ascertained 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 oficers 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 required, to report on the same for the information and
assistance of the commanding officer.
11 the governor-in-council may make regulations respecting
anything in this ordinance directed or authorised to be done or provided
by regulations, and also 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
government and discipline of the volunteer force.
PART II.
ACTUAL MILITARY SERVICE.
12.-(1) In case of great ngtlonal emergency or in case of actual
or apprehended invasion ol or attack on the Colony, the Governor
may, by proclamation, call oLit any Voluniteer Corps ior actual
military service.
(2) Every officer and volunteer belonging to every corps so called
out shall be bound to assemble at such place and parform such
service as may be direeted 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 millitary service. if any such officer or volunteer,
not being incapacitated by Infirmity for service, refuses or neglects
so to assemble he shall bc deemed a deserter.
(4) The period of such service shall continue so long as the
the governor-in-council may consider 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 onsent beyond the
limits of the Colony, except in the case of Coast Defence Volunteers
under Part I in cases where they may be employed in the waters
of the Colony or waters adjacent thereto.
13. All persons, envolled 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 nnanner in every respect and
under and subject to the same regulations, as His Majesty's regular
forces, as far as the same may by the governor-in-council be deem-
ed applicable to the Volunteer Corps.
14. All persons enrolled and who, when called,out on such actual
military service as aforesald, leave families unable to support them-
selves shall, dnring, the period of their absence on such service, be
entitled to for their wives and families,, and it shall be lawful
for the Governor-in-Council to fix the amount oi such relief.
15. All officers and volunteers who may have received wounds or
injuries when called otit on actual military service as aforesaid, and
* As bv No. J51 of 1911.
the widows and families of all such offeers and volunteers who may
have been killed or have died, within. 12 months after having been
wounded, of wounds received during such actual military service or
have died-within 12 months from illness directly traceable to fatigue
or exposure to such service, shall be entitled to such per-
sions 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 1,000 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 His Majuesty's regular forees or any part thereof, the
following provisions shall take effect:-
(1) the commanding, officer of a Volunteer Corps may, subject to
such appeal to the governor-in-council as hereinafter mentioned, discharge
from the corps any volunteer and strike him out of the muster roll
either for disobedience ol 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 suffi-
ciency of such Cause respectively to be judged of by the command-
ing officer or, in case of appeal, by the Governor;
(2) the volonteer so discharged shall nevertheless be liable to
deliver up in good orderand tear only excepted) all arms,
clothing, and appointments, being public property or proterty 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 tinie 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 prorer, and such
determination shall be binding on all persons;
(3) if any such officer or volunteer as aforesaid-
(a.) while lie is ori. tbe line of march or on duity witb the corps to
which lie belongs or any part thereof; or
*~ As aniended by No. 51 of 1911.
(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 or 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,
disobeys any lawful order ol 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 coniniand
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 aforesald then remaining on march or duty or continuing
engaged in any such exercise or drill as aforeaid 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 command-
ing officer of the corps or such other officer as may be prescribed.
17(1) With respect to the discipline of officers and volunteers
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 His Majesty's regular forces or any part
thereof, the following provisions shall take effect namely, the
provision of the Army Act of the Imperial Parliament 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 shall for any offence against such
Act 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 said Act to the General
Officer Commanding his Majesty's Forces with which the corps is
As amended by No. 51 of 1911 and No. 1 of 1912.
serving of making such exceptions or modifications as in the same
section are referred to.
PART IV.
RULES AND PROPFRTY OF CORPS.
18.(1) The members of an Volunteer Corps may make rules for
the management of the property, finances, and civil affairs of the
corps, 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 corps to be by him forthwith comitninicated to the corps,
whereupon the rules so approved shail 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. 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 right 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 with power for him to
sue, to make contracts and conveyances, and to do all other lawful
things relating thereto.
20. If any person fails to deliver up in good order (fair wear and
tear excepted) any arms, clothing or appointments which lie 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 riiles frarned 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
As ainended by No. 50 of 1911 and No. 1 of 1912.
As orvieiide(l by No, 1 of 1912.
to pay any fine incurred by him under the rules of the corps, such
money or fine shall (without prejudice to any other remedy) be
recoverable froin him, with cost, at any time within 18 months
after the same becomes due and payable in manner hereinafter
mentioned and, when recovered, shall be applied as part of the
general fund of the corps.
PART V.
MISCELLANEOUS PROVISIONS.
22. Any money, penalty, or fine recoverable under fflis
Ordinance may be recovered in a sunirnary way before a Magistrate.
23. The commanding officer of any volunteer Corps may appear
before a Magistrate by any member of the corps authorised by him
in writing under his hand.
24. The provisions of any Ordinance relating to the storage of
gunpowder or explosives shall not, apply to gunpowder or explosives
beloning to any corps established or raised under this Ordinance;
but such gunpowder and explosives shall only be stored in such
places and subject to such regulations as way be approved by the
Governor.
25. It shall be lawful for the Treasurer to pay to the commanding
officer of every Volointeer Corps for the purposes of the corps such
sum ill each year as may boby the Goverilor-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 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 discharde of his dUty Shall, on conviction before a Magistrate,
be liable to a fine not exceeding 100 dollars, and to imprisonment,
without hard labour, for any terni not exceeding 6 months.
* As ainended by No. 1 of 1912.
+ AS uii-ieiidc~d by 'No. jo of 1911.
As arnended by --~o. 30 of 1911,
PART V1.
COAST DEFENCE VOLUNTEERS
28. It shall. be lawful for'the governor, if and whenever the out-
break of war between his majesty and any Foreign State is
apprehended, to raise a volunteer foree of such strength,as he may
think fit, to be style Coast Defenee Voltunteers, for special
services in connection with submarine mines or the mangeament of
steamers, launches, boats, or other vessels which may be required
for the purpose of the dei'ence of the Colorly.
29. Such Coast Defence Volunteers shall be engaged for a period
of 6 months it war is not, declared within that period, and if war
is declared within that the period of the
war; but the Governor shall have power to dismiss any member
thereof or to disband the force or any part of the force whenever be
may see fit.
20. The Governor shall prescribe a distinctive uniform for such
Coast Defence Volunteers.
31. The the governor-in-council shall fix the rate of pay for all
members of the force, and nias, lay down the proportion of the
several ranks as he may think fit.
32. The provisions of Parts 1 to V, so far as they are not
inconsistent 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 1 to V; and the
Coast Defence Volunteers shall, for the purposes of such Parts, be
deemd to be on actual rrillitary service from the date of their
enrolinent.
SCHEDULE.
FORM No. L
Oath of Officer and
I, A.B., do sincerely promise and swear that I will be faithful and bear true
alleginance to his majestey king george the fifth, his heirs and successor and that
I will faithfully serve his majesty, his heirs and successors for the defence of the
Colony of hongkong against all enemies and opposers whatsoever, according to
the conditions of any service.
As arnended 1) - v ',No. al of 1917. and No. 1 of 1912.
A. amended. j).), 550 of 191.1.
As ainninled bY N'O. 51 of 11911 and No. 43 of 1912,
Fonm No. 2.
Declaration of Officer 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 faithful and bear
true allegiance to his Majesty king george the Fifth, His Heirs and Successors and
that I will faithfully serve his Majesty, his Heirs aud Successors for the defence
of the Colony of hongkong, against all his enemies and opposers whomsoever, according
to the conditions of my service.
NOTE-The name of the successor of his majesty king George the Fifth for the
time being, with proper words of reference thereto, is to be substlituted, as occasion
may require, in the case of the Oath or Declaration.
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 officer of regular forces. Annual inspection. [26 & 27 Vict.c. 65 s. 10.] Requisites of efficiency to be declared by Governor-in-Council. [ib.s.11.] Disbanding of Corps. [ib.s.12.] Courts of Inquiry. [ib.s.15.] Regulations for government of Volunteer Force. [ib.s.16.] Calling out for actual military service in case of national emergency, invasion, etc. [26 & 27 Vict.c. 65 s. 17.] Pay and allowances on actual military service. [ib.s.18.] Relief to families of persons called out on actual military services. Provision for officers and volunteers disabled on service and for widows and families of those killed on service. [26 & 27 Vict.c. 65 s. 20.] Discipline while not on actual military service. [ib.s.21.] Discipline when on actual military service. [44 & 45 Vict.c. 58.] 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. [ib.s.25.] Giving up of arms, etc. Recovery of subscriptions and fines. [ib.s.27.] Summary remedies. [26 & 27 Vict.c. 65 s. 48.] Appearance before Magistrate of commanding officer. [32 & 33 Vict.c. 81 s. 6.] Storage of gunpowder, etc. Payment of public money for corps. Oath of allegiance. [26 & 27 Vict.c. 65 s. 6.] Assaulting or resisting member or corps. Power to raise Coast Defence Volunteers in certain events. Period of engagement. Uniform. Pay and rank. Application of Parts I to V.
Abstract
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 officer of regular forces. Annual inspection. [26 & 27 Vict.c. 65 s. 10.] Requisites of efficiency to be declared by Governor-in-Council. [ib.s.11.] Disbanding of Corps. [ib.s.12.] Courts of Inquiry. [ib.s.15.] Regulations for government of Volunteer Force. [ib.s.16.] Calling out for actual military service in case of national emergency, invasion, etc. [26 & 27 Vict.c. 65 s. 17.] Pay and allowances on actual military service. [ib.s.18.] Relief to families of persons called out on actual military services. Provision for officers and volunteers disabled on service and for widows and families of those killed on service. [26 & 27 Vict.c. 65 s. 20.] Discipline while not on actual military service. [ib.s.21.] Discipline when on actual military service. [44 & 45 Vict.c. 58.] 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. [ib.s.25.] Giving up of arms, etc. Recovery of subscriptions and fines. [ib.s.27.] Summary remedies. [26 & 27 Vict.c. 65 s. 48.] Appearance before Magistrate of commanding officer. [32 & 33 Vict.c. 81 s. 6.] Storage of gunpowder, etc. Payment of public money for corps. Oath of allegiance. [26 & 27 Vict.c. 65 s. 6.] Assaulting or resisting member or corps. Power to raise Coast Defence Volunteers in certain events. Period of engagement. Uniform. Pay and rank. Application of Parts I to V.
Identifier
https://oelawhk.lib.hku.hk/items/show/866
Edition
1912
Volume
v1
Cap / Ordinance No.
No. 4 of 1893
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“VOLUNTEER ORDINANCE, 1893,” Historical Laws of Hong Kong Online, accessed March 12, 2025, https://oelawhk.lib.hku.hk/items/show/866.
