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.