CO129-540-1 Enrolment of foreign nationals to Hong Kong Volunteer Defence Corps 31-3-1932 - 19-1-1933_Part_001





HONG KONG CLOSED UNTIL Stong Kong Volunteer Corps Previous Subsequent 1242/53714/36 Enrolment. If doneign Subjects X Jamcom 4. McSweeney Mr Calder me Jameson 8 OCT 1930 Ri83 14/9 Revision of Recones ( 461 Mr Cowell 16 Mr Thomson. H.417 31/10 CR UT BY Mr. Crucklay To Lely Legal λ83 mr. Camell 12/x the Thomsen 2. Mr Jameson in Jameshot 114.10 MÕDuncan M. Thompson (biting 26. 17/10/32 1. 8/6/32 Son J Shackles 18/10/32 the Game GenD... Mh. Duncan 15/6/32. Mc Calder Si I Shueyh 21/6/572 Eastern dept... Eastern dept. 19/60 (74658) Wt. 15109-30 30,000 in | sorts 11/31 P. St. G. lvl/ 32 pi: File No. Subject. Hong Kong Hong Kong Volunteer Corps Enrolment of Zweign bubjects Importation into Hong Kong of American Motor Vehicks Death Gratuity disbility to to Estate Duty. Sites for Barracks. Water Supply Passage Regulations. Harbour Development. I site in How loon to The Chinese Young Men's Educational Vacancies 1932. Christian Asson. Postal Rates. Disposal of brown Lands. Wireless Instruction. Chinese Vice-Consulate at Hong Kong Vacancy Manine Surveyor Asst. Supt. Life Certificates. Telegraphic Landlines Service of Wriets Pequests decision regarding enrolment. If, and grant of Subjects St & Solumbier Defense yn From the Colonial office fount of rew I don't think we need raise objection to the principle oftice enlistenent or commitioning of aliens in the circumstances mentioned by the low. But before this matter is referred to the W.D, Ihink we referwed to ante the Legal Adviser for Strons on the Governor's we ought present powers. Ku gemeson Mr Thompson. zon please see if Im can trace any legislation in the Colones & Protectratio relating to the Inlistment a commissioning of aliens in local defence forces. 14. Duncan Colonies, eie to Defence Forces عمق اساسه provision is to preven to prevent aciers. from joining F. M. S. G. Coase in in Some 8/1910 (Pare IT appling) 5/1924 Cap 184 (sec. 6); contains promisi aid their ncistiment, ezi Br quiara Cap 29(3.3.25 Cap 42 (3.4) very much mmissioning of acion is definitely issioning is to Ruces, cap 42 (Sec. 12) Rishis under Tirinidad Br. Homduras copies of Thompson Cap 86 (5.8) 9/29($ $D) legislation sec. 40. Sunal Division. Lattach a note on this case 4 M. Ahahams (A.G. [ow Court). Will zum Kindly say if I have a note of any papers withich the portion of the Sulistment or Commissioning of aliis in local depere forces has 8/6/32 11. Duncan. fre discussed. HR lowell to Mr. Duncan astued Bur. Hincurus papers. chealing wild the the carolment of, eimanis sin, to, aliens in the perces of the Colvay in particular letters flagged in 40343/17 and 22779/18. note of amm ot. Samt off Mi Calon. The position with regard to the sulestment and commisioning of abeis in beal defence forces is dealt with in bis 2. Restry's muintes and in the coverpondence with the W.D. in 1919 and 1918 on the British Standmas papus attached 4 Mr. Gannt. It seems that the position with reaw the Enlistment of aliens conto the requlausex, if necessay, Glocal legislation; but, will see there are legal difficulties in the way of commissioning them. When sending the a copy of No.1 to the W.O., un shall no doubt repe to the 1919 * 1918 Corespondence mentioned (Wharls like to see the draft letter to the W.O.). 11. Duncan. ? Copy 11 to W.D., refer to the 1917-18 correuse. I ray the 5.15. will be glad to to receive the views of the A. C. on the points raised by the Goo 1.14. Calder 16-6-32 1 As proposed ve 21/6/32 at one 1- JUL 1932 2. Remina wo. hf. repce (2). Ft 3 to. W.0 P. Sutherland Graeme 5.0.13.9.32, Sales that N.2 has been referred to Judge Advocate's Office for opinion, and asto for interview - Requests reply by telephone (Holbom 0274) 9th Sutherland Graeme discussed this with Mr Duncan & me. were all reluctantly of opinion to aliens that the grant of commissions the Defence For is strictly legal: here is, however, no objection to the enlistment of aliens. We shall refly from the in due course, & then com how to deal with the situation. negne to delay 11.10.32 i curemening lout states repéry will be cant shouttry. DESTROYED UNDER STATUTE 12. 10.32 Ref Ro2. In man of special condition courting fre poned agree to the enrolment of a limited of A. 5. C. Cadre they shel, not i. N.K. they number of alreins which, in the case exceed fifty per cent of strenghth of unit- We informed this W. Peel of the W.O. view yesterday. He is not neare Portugese will wish to be naturalized, but he agreed that the only thing to do was to send out a copy of (6) for his As the W.O. has marked its reply recret, we must rend secret despatch. ? to proceed. 14.10.32 : ne with the action proposed. 17/10/32 17. Duncan 1 And und of the dazz Enclosme seever LF for LF for information Lynchoury. A Blowell 17.10.32 Moser Freuchens 18/10/32 7. to OAS. SEE: ((Aust) (466) 27/10/32 Gov. Leve 19.1. office ro The Portuguese companies هندی و مادر Bulish, and requcts but the information previously given incorrect. This is au lasy solution unexpectedly Solution of the supposed difficulty about the four Portugese officers. ? Send copy of (9) to W.O. Secret L.F ref (8) Sauf quieron 10 to W.O. Sent NO SECRET. Spy W.0. RECEIVE. 17 FEB1933 COL. OFFIC GOVERNMENT HOUSE, HONGKONG, 19th January, 1933. I have the honour to acknowledge the receipt of your secret despatch of 27th October, 1932, on the subject of the enrolment of, and the grant of commissions to, foreign subjects in the Hong Kong Volunteer Defence Corps, and to inform you that the enlistment of aliens in the Army Service Corps cadre up to fifty per cent of the strength of the unit is considered satisfactory. It is noted that commissions as officers in the Defence Corps may not be granted to aliens. It has since been ascertained that the four officers of the Portuguese companies previously stated to be "local" Portuguese and therefore non-British subjects are in fact British subjects. In the case of two of them there is evidence of dual nationality, but the Attorney General states that it is an accepted principle that a person with dual nationality whilst within the territory of one of his national states is treated as a national of that State. I regret that the information concerning them given in my despatch No.165 of 31st March, 1932, was incorrect. I have the honour to be, THE RIGHT HONOURABLE Your most obedient, humble servant, SIR P. CUNLIFFE-LISTER, G.B.E., M.C., M.P., Governor, &c. 9Page 11 Mr. Delahunt.21.10.32. Mr. Parkinson. Mr. Tomlinson. Sir C. Bottomley. Sir J. Shuckburgh. Permt. U.S. of S. Parly. U.S. of S. Secretary of State. 92645/32 Hong Kong. October, 1932. HONG KONG. r. H.Q. 12th Oct Downing Street, I have etc. to refer to Sir William Peel's des- patch No.165 of the 31st of March, on the subject of the enrolment of and the grant of commissions to, foreign subjects in the Hong Kong Volunteer Defence Corps. Copy to War Office L.F. without encl. The Army Council have been consulted in the matter, and I have now to transmit to you for your consideration, a copy of a letter from the War Office setting out the views of the Council thereon I have etc., (Sgd.) P. CUNLIFFE-LISTER. Tel. No.-Whitehall 9400. Any further communication on this subject should be addressed to:- The Under-Secretary of State, The War Office, London, S. W.1, and ollowing number quoted. 083/5857 (M.0.1.) NORD DISA RECEIVED 13ост 19324 GOL OFFICE, THE WAR OFFICE, LONDON, S.W.1 12 October, 1932. In reply to your letter No.92645/32 dated 1st July, 1932, on the subject of the enrolment of, and grant of Commissions to, foreign subjects in the Hong Kong Volunteer Defence Corps, I am commanded by the Army Council to state that they have been advised that, whilst it would be con- trary to the Act of Settlement to grant to aliens commissions as officers in the Hong Kong Volunteer Defence Corps enlistment in the ranks d the Corps is not affected by that Act, as "enlistment" is not the enjoyment of any office or place of trust within the meaning of the Act of Settlement. I am to say that, as a general principle, the Counc il are opposed to the enlistment of aliens in Colonial Corps, but,in view of the special conditions existing in Hong Kong, they are prepared to agree to the enrolment of a limited number of aliens which, in the case of the Army Service Corps Cadre, they suggest should not exceed fifty per cent of the strength of the unit. With regard to the four officers of the Portuguese companies who are "local" Portuguese and therefore non- British subjects, the Council consider that it would be most undesirable from a military point of view to call upon them to resign their commissions Since their position can apparently only be legally regularised by their becoming British subjects, I am to suggest that that course might be considered. The Under Secretary of State, Colonial Office, Downing Street, S.W., 1. Your obedient Servant, Allliddos 92645/32 Hong Kong. Mr. Delahunt 24.6.32 Mr. Bickle 24/6 Ir. Duncan 25/6/32 in Colder Mr. Parkinson. Mr. Tomlinson. Sir C. Botomley. Sir J. Shuckburgh. Permt. US. of S. Parly. U.S. of S. Secretary of State. THE UNDER SECRETARY OF STATE, WAR OFFICE. Fr. Gov. 31st March with encl. Downing Street, 1- JUJune 1932. I am etc. to transmit to you to be laid before the Army Council, the accompanying copy of (1) a despatch from the Governor of ( 463 43/17) ( 22779/8) regarding the question Hong Kong on the subject of the enrolment of, and grant of commissions to, foreign subjects in the Hong Kong Volunteer Defence Corps. 2. In this connection I am to refer to War Office letters No. 070/733 (M.S.I. Col.) of the 13th of August,1917, and No. 070/749 (A.G.13c) of the 9th of May, 1918, and connected correspondence, regarding regarding the question of the grant of commissions to and the enrolment of aliens in the Territorial Force of of,aliens British Honduras. 3. The Secretary of State would be glad to receive the views of the Army Council on the points raised by the Governor of Hong Kong. I am, etc. (Signed) H. R. COWELL autionty ffice" at opicaly some of the opinion that Camlitary counter officer". A reference to the desuition of "Price" in the rug bot (~90(4)) bas lowes that officer communximed officer in this majesty's forces, /art thereof. the non- commessional volunteers in Boug toung would therefore not hold Lo far however the volunteer corpo are concerned the lonition difficult to define & whether they any "military office" the means word or not depends upon one should attribute to military ~ ways assuming as used in the Ret of Latement, that that not extends to t Colonies + I thribe it does. In Chapter XT Canal of Wilitary Law Colonial forces of this Severif tim forces raised by the loverment of a Colour Cecified font of the wik tory forces of the hown, but they boug toug not all of such volunteer Corps be most booties are only on actual military when called out under the detailed in section Twelve of Lars service emergency conditions the Grolinance. Ban undir there consume taveer it would appear to me to Lampy to hold that a vo in tear واج حمید جنگ be a training Experisty being med by the borror & not by by sty would be bolding uld be holding a muliting office within the meaning of the hot of Latthement which Crown ar con templates the forces of siented at the time of enactment, 3. sam unable to find augi local leppelation directy enabling a hand to hold commissions in volunther oxpainations tous is no be wartin wventions there are Prolimane their au Promances permitting is mont. But this fruvasion like sioned can b the reusion from commissioned be drawn from the analogy provided by sist on ainety five of the Kring bet, and in either either have 7 we wo way to a jolier instigated by beal conditions. it would appear that bi pole Risley Foundered that the not of thement vierates apainet the holding of in Volunteer forces by want the the office in 1917 dijisted Bou grounds Jabould suppose, which wold good at all times & not only during the contimance of a Hahahang Dup. w...@. GOVERNMENT HOUSE, HONG KONG. 31st March, 1932. I have the honour to address you on the subject of the enrolment of, and the grant of commissions to, foreign subjects in the Hong Kong Volunteer Defence Corps. 2. In 1927 the then Attorney General gave it as his opinion that as section 3 of the Volunteer Ordinance, Ordinance No. 2 of 1920 made it lawful for the Governor to accept the services of "any persons" in the Corps, there was no legal obstacle to the enlistment of aliens. It may however be argued that this interpretation of the law is incorrect, and that section 3 of Ordinance No. 2 of 1920 is void and inoperative under section 2 of the Colonial Laws Validity Act, 1865, on the ground of its repugnancy to the Act of Settlement, 1700, which prohibits aliens from holding any office civil or military; and that consequently the words "any persons" in section 3 should be construed as "any British persons". 3. As a result of the opinion of the Attorney General in 1927 referred to above, two Portuguese Companies were formed, and there are in the Corps today four commissioned officers and one hundred and seventeen other ranks who are "local" Portuguese, i.e., persons born or THE RIGHT HONOURABLE SIR P. CUNLIFFE-LISTER, G.B.E., M.C., M.F., domiciled domiciled in the Far East, and differing from "British Portuguese" of whom there are a number in the Corps, only in the fact that they were not born in Hong Kong. are the only non-British subjects in the Corps. 4. It is now desired to enlist other aliens in the Army Service Corps Cadre and to give commissioned rank to one who is of Chinese race with United States citizenship. This cadre differs from the other units of the Corps in that it is not directly combatant, and also in the form of declaration (see form No. 3 in Government Notification No.749 of 23rd December, 1927, copy enclosed} which is taken by its members on enrolment. This declaration would permit of the release from service in the Cadre of the nationals of any state, should circumstances arise rendering it undesirable for them to remain members. 5. The Army Service Corps Cadre has had assigned to it important duties in the event of a state of emergency arising. It is therefore essential that it should be brought up to strength, and, without the enrolment of aliens who it is contemplated might comprise slightly more than half the total, this will be a matter of the greatest difficulty. It is believed that a number of Germans, Dutch, Americans and others would readily join and that there would be no objection from their Consuls. A necessary corollary to their enlistment as private soldiers, is the grant to them, if efficient, of a limited number of commissions. 7. I should be glad if the matter might be referred to the War Office, and your decision communicated to me in due course. Should it be decided that the Governor has no power to enlist or commission aliens and that no steps are to be taken to give him such power, the question of those foreign subjects already in the Corps will be one of some difficulty, for, apart from the possibility of giving offence to the Portuguese community, the simultaneous removal from the Corps of one hundred and twenty-one members would be most inconvenient. I have the honour to be, Your most obedient, humble servant, Governor, &c. A.D. 1927.] [23rd Dec. Regulations made by the General Officer Command- ing the Troops, with the approval of the Governor, under and in accordance with the provisions of section 11 of the Volunteer Ordinance, 1920, Ordinance No. 2 of 1920, on the 22nd day of December, 1927. Published in the Government Gazette of the 23rd December, 1927, Government Notification No. 749. 1. Regulation 1 in the First Schedule to the Volun- teer Ordinance, 1920, is amended by the deletion of the figures "1920 ”. 2. Regulation 3 in the First Schedule to the Volun- teer Ordinance, 1920, is rescinded and the following regulation is substituted therefor : Composition 3.-(1) The corps shall consist of the command. following units and auxiliary units :-- Corps Units. (a) Corps Headquarters. (b) Artillery Company. (c) Engineer Company. (d) Mounted Infantry Company. (e) Armoured Car Company. (f) Infantry Company. (g) Scottish Company. (h) Portuguese Company. (i) Medical Section. (j) Reserve Company. 23rd Dec.] Auxiliary Units. (A.D. 1927. A.D. 1927.] (k) Supplementary Reserve Company. (4) Army Service Corps Cadre. (m) Lights Section Cadre. (n) Reserve of Officers. (2) Subject to the provisions of the Army Act and of the Hong Kong Volunteer Ordi- nance, 1920, and of these regulations, the corps shall be under the orders of the General Officer Commanding the Troops, subject to the general control of the Governor. (3) The corps shall be under the execu- tive command of an officer who may be either a volunteer officer or an officer of His Majesty's regular forces. If this officer is a volunteer officer, the adjutant of the corps shall be an officer of His Majesty's regular forces, appoint- ed by the Army Council, unless no regular officer is available. (4) The Commandant of the corps shall be assisted by an administration staff. (5) The corps Headquarters shall include the Band. (6) There shall be a specially trained sub- unit of signallers. (7) The Reserve Company shall consist generally of men who have reached the age of 40 years. No man who is under that age shall join the Reserve Company except with the special permission of the Commandant. (8) The Supplementary Reserve Company shall consist generally of men who have attained the age of 50 years. Members of the Supplementary Reserve Company shall not be required to undergo training, and shall not, [23rd Dec. unless called out for actual military service, be required to attend any parade or inspection. (9) (a) The Army Service Corps Cadre and Lights Section Cadre shall consist of specially selected individuals whose previous training has rendered them fit to perform such duties as they may be required to perform if called out for actual military service. (b) The members of the said Cadres shall upon admission make and sign in the presence of an officer of the corps the declaration set out in Forn No. 3 in the Second Schedule to the Volunteer Ordinance, 1920. (c) If either of the said Cadres is called out for actual military service every member thereof shall thereupon take the oath or make the declaration specified in Forms Nos. I and 2 in the Second Schedule to the Volunteer Ordinance, 1920, unless he has already taken the said oath or made the said declaration and has not quitted the corps after the taking of such oath or the making of such declaration, (d) The members of the said Cadres shall not be required to undergo any training, and shall not, unless called out for actual military service, be required to attend any parade or inspection. (e) No uniform will be issued to the mem- bers of the said Cadres unless they are called out for actual military service. (f) A member of either of the said Cadres may also be a member of the Reserve Com- pany, in which case he shall be subject to all the obligations to which members of that com- pany are subject. 23rd Dec.] [A.D. 1927. (g) All members of the Army Service Corps Cadre and Lights Section Cadre shall be at liberty to attend any voluntary parades or exercises organized by their officers. (10) Any officer of the Corps whose trans- ference to the Reserve of Officers is approved by the Governor, and every officer of the corps who shall be absent from the Colony for a longer period than fifteen consecutive months, shall be transferred to the Reserve of Officers. The said period of fifteen consecutive months may be wholly or in part prior to the date of this regulation. (11) An officer who shall have been trans- ferred to the Reserve of Officers by reason of absence as aforesaid and shall thereafter return to the Colony may be transferred to the active list or be retained in the Reserve of Officers at the discretion of the Commandant. (12) Members of the Reserve of Officers shall not be required to undergo any training, and shall not, unless called up for actual military service, be required to attend any parade or inspection. (13) The Commandant may, with the approval of the Governor, establish one more cadet companies in connexion with the corps, and every such company shall, as regards its establishment, administration, and govern- ment, be subject to such regulations as the Commandant may make with the approval of the Governor. 3. The First Appendix to the First Schedule to the Volunteer Ordinance, 1920, as duly enacted on the 5th day of November, 1926, by the Officer for the time being commanding His Majesty's regular forces in the A.D. 1927.] [23rd Dec. 363 Colony, and published in the Gazette of the 12th day of November, 1926, is rescinded and the following is sub- stituted therefor :- [First Sch., Reg. 7.] First Appendix. TRAINING. 1. For training purposes the year will be divided into the two following periods :- Cold weather:-15th October to 15th April. Hot weather: - 16th April to 14th October. 2. There will be a camp of exercise during the cold weather. 3. Subject to the provisions of paragraphs 4, 5, and 6, and subject to the regulations in the First Schedule to the Volunteer Ordinance, 1920, relating to members of auxiliary units, every officer and every volunteer shall undergo the following training annually:- (a) Attend 15 drills or instruction parades, each drill or instruction parade to con- sist of not less than one hour's actual instruction. (4) Carry out the range practices prescribed for the unit of the corps to which he belongs. (c) Perform such training preliminary to range practice as may be ordered by the Com- mandant, provided that this shall not exceed 3 hours in total duration. 23rd Dec.] [A.D. 1927. (d) Attend camp for four days. At least two of these days must be consecutive and include a night in camp. For atten- dance in camp to count as a day, an officer or volunteer must report himself in camp before 8 a.m. and not leave the camp before 5 p.m. In special cases, approved by the Commandant, two days in camp may be replaced by drills at the rate of 3 drills for each day. (e) Attend the annual inspection parade. 4. Volunteers who have been declared efficient in three years, which need not be consecutive, shall undergo only the following modified training:- (a) Attend 10 drills or instruction parades, each drill or parade to consist of not less than one hour's actual instruction. (b) Fire the classification practices of the mus- ketry course. (c) Perform such training preliminary to range practice as may be ordered by the Com- mandant, provided that this shall not exceed 3 hours in total duration. (d) Attend camp for 2 consecutive days, i.c., from 8 a.m. one day to 5 p.m. the next day. (e) Attend the annual inspection parade. 5. The Commandant, with the approval of the General Officer Commanding the Troops, may exempt any particular portion of the corps from any of the requirements of paragraph 3, or may substitute any equivalent training for any of the said requirements. A.D. 1927.] [23rd Dec. 365 6. The reserve company shall undergo the follow- ing training annually:- (a) Musketry instruction and musketry prac- tice (a modified course only). (6) Annual inspection. camp will be optional for this company. 7. Bandsmen shall be required to undergo only such modified training as may be deemed sufficient by the Commandant. 8. (1) A recruit shall during his first year of train- ing attend 40 drills or instruction parades, or such less number of drills and parades as may suffice to render him fit to be passed into the ranks. (2) A recruit for the reserve company shall during his first year of training attend 20 drills or instruction parades, or such less number of drills and parades as may suffice to render him fit to be passed into the ranks. (3) Each drill or instruction parade shall consist of not less than one hour's actual instruction. (4) The term "recruit" includes every volunteer who has not served for at least one year in one of the following forces :- Royal Navy. Regular Army. Royal Marines. Militia. Special Reserve. Imperial Yeomanry. Any volunteer or defence force in His Majesty's dominions Territorial Force. 23rd Dec.] Royal Irish Constabulary. [A.D. 1927. A.D. 1927.] The permanent forces of any part of His Majesty's dominions outside Great Britain. Any University officers training corps. 9. The musketry course will be as laid down in the current Army Regulations. 10. The officers commanding the respective com- panies shall fix the time and place or parades, drills, and rifle practices. 11. Classes will be held at convenient times in each year for the instruction of members desirous of obtaining certificates of qualification for promotion as non-commissioned officers. 12. No officer or volunteer shall be deemed to be efficient in any given year until he has undergone the annual training prescribed by or under this Appendix. 4. The following form is added at the end of the Second Schedule to the Volunteer Ordinance, 1920:- FORM No. 3. (23rd Dec. provisions of the Volunteer Ordinance, 1920, or until arrangements can be made to effect my relief. I further undertake to notify the Commandant of the said Corps in the event of my departure from the Colony and of my return to the Colony. Hong Kong,... Signature of member. Countersignature of Officer. 19...... Declaration to be made by the members of the Army Service Corps Cadre and Lights Section Cadre. I, A.B., hereby undertake that I will serve in the ...Cadre of the Corps until I resign therefrom in writing, and that in the event of the said Cadre being called up for actual military service while I am still a member thereof I will serve in the said Section until the period of service of the said Section is terminated in accordance with the C. C. LUARD, Major-General, General Officer Commanding the Troops. Hong Kong, 22nd December, 1927. Approved by the Governor this 22nd day of December, 1927. D. W. TRATMAN, Clerk of Councils.

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