POLICE FORCE ORDINANCE, 1901

POLICE FORCE ORDINANCE, 1901

No. 11 of 1900.

An Ordinance to consolidate and amend the laws for the
establishment and regulation of the police force.

[29th December, 1900.]

1. This Ordinance may be cited as the Police Force Ordi-
nance, 1900.

2. In this Ordillance,

(a) Civilian staff includes every clerk, police interpreter,
telephone operator, coxswain, seaman, boatman, engineer,
mechanic, stoker, and every other person other than a member
of the police force, who is employed in the service of the,

(b) Member of a crew includes every coxswain, seaman,
boatman, engineer, mechanic and stoker employed in the
service of the police department.

(c) Pension includes any allowance in the nature of a
pension, or any gratuity on retirement.

(d) Subordinate officer means every member of the
police force, above the rank of constable, except the Captain
Superintendent, the Deputy Superintendents, the Assistant
Superintendents and the Probationers.

PART I.
CONSTITUTION OF THE FORCE.

3.-(1) The Police Force shall consist of a Captain
Superintendent, and such Deputy Superintendents, Assistant
Superintendents, subordinate officers, and constables as may
be provided for by the Governor and Legislative Council by
annual vote or otherwise.

(2) The Governor may also authorise the engagement for
the service, of the Police Department of such clerks, police
interpreters, telephone operators, coxswains, seamen, boatmen,
engineers, mechanics, stokers, and other employes as may
be provided for by the Governor and Legislative Council by
vote or otherwise.

* As amended by Law Rev. Ord., 1924.
+ As amended by No. 31 of 1923.





4. The force and civilian staff shall be under the control
of the Captain Superintendent, and the members thereof shall
obey all such lawful commands as they may receive from the
Captain Superintendent.

[s. 5, rep. No. 31 of 1923.]

PART II.

REGULATION OF THE FORCE.

[ss. 6 and 7, rep. No. 31 of 1923.]

8. Every person before appointment as a subordinate
officer or constable or police interpreter or telephone operator
or member of a crew shall take the oath or make the declara-
tion in the Schedule.

9. Every subordinate officer, constable, police interprete,
telephone operator and inember of a crew shall engage and
bind himself to serve for a term of not less thall three months
and of not niore than five years, as may be directed by the
Captain Superintendent, during which term he shall not be
at liberty to resign his office or to withdraw himself from
the dutties thereof, except as is hereinafter provided.

[ss. 10, 11, 12 and 1.3, rep. No. 31 of 1923.]

14. Whenever any subordinate officer, constable, police
interpreter or member of a crew is, by a medical board
appointed by the Governor, certified to be unfit for further
service because of ill-health, it shall be lawful for the Governor
to require such person to resign, and any person so
certified who does not thereupon resign may be dismissed by
the Governor.

15. Any subordinate officer, constable, police intepreter,
telephone operator, or member of a crew, shall be entitled to
claim his discharge at any time on his giving to the Captain
Superintendent three months notice of his wish to withdraw
and paying a sum equivalent to two months pay of the rank
or office he may hold at the time of his giving notice of with-
drawal for each unexpired year of his term of appointment:
Provided always that it shall be lawful for the Governor to

* As amended by No. 31 of 1923.
+ As amended by No. 31 of 1923 and Law Rev. Ord., 1924.





remit the whole or any part ol the said sum: Provided also
that it shall be lawful for the Governor to direct the Captain
Superintendent in any case to aecept a shorter notice than
three months.

16. On the completion of each period of four and a half
years resident service, every European subordinate officer and
constable shall, subject to the exigencies of the Service, be
entiled tp a free to passage to such port in his native country
as the Governor may direct or to some other port approved
by the Governor.

17. It shall be lawful for the Governor in Council to
regulate the general conditions on which and the, manner in
which pernsions are to be granted to memebtes of the force,
and to detormine in each particular case whether a pension
shall or shall not be granted to any memeber of the force, and,
in the event of the Governor in Council determining that a
pension shall be granted to determine further the amount to
be paid in respect thereof and the terms on which and the
manner in which the same shall be paid.

17A. The members of the civilian staff, including any
members of the civilian stafF who may before the 21st day of
December, 1923, bave been sworn in as constables or as
sergeant interpreters shall, as regards pensions, be subject
to the provisions of the pension minutes issued under or for
the purposes of the Pensions Ordinance, 1862, and not to the
provisions of the Police Pension Regulations: Provided that
this section shall not affect any person who shall have ceased
to be a member of the civilian staff before the 21st day of
December, 1923).

18. If within three years; after the granting of a pension
under this Ordinance to any member of the force, it is
proved, to the satisfaction of the Governor in Council, that
the person to whom such pension has been granted had been
guilty of any corrupt practices in the execution of his office,
either by receiving bribes, or by inducing or compelling
payment, directly or indirectly, of any valuable consideration
to himself or to any other person by way of a bribe, or by
otherwise acting corruptly in the execution of or under colour

As amended by No. 31 of 1923 and Law Rev. Ord., 1924.





of his office as a member of the force, then in every such case
it shall be lawful for the Governor in Council to revoke and
annal the grant, of pension or to make such reduction
as to the Government in Council may appear it.

19. The Captain Superintendent shall, subject to the
approval of the Governor in Council, make such regulations
as he may deem expedient for the general government and
discipline of the force.

20. It shall be the duty of the Captain Superintedent to
make, without reference to the Governor but subject to the
Governor's subsequent disapproval, such other departmental
orders as he may think fit for the carrying out of the daily
routine of the force and for regulating the internal economy
thereof. It shall not be necessary to publish such depart-
mental orders in the Gazette.

20A. In any proceedings any regulation made under
section 19, and any departmental order made under section 20
may be proved by the production of a copy of such regulation
or departmental order certified under the hand of the Captain
Superintendent or of a Deputy or Assistant Superintendent
and upon the production of any such certified copy it
shall, until the contrary is proved, be presumed that such
regulation was duly made and approved, or, as the case may
be, that such departmental order was duly made and was nit
disapproved.

21.-(1) Whenever any subordinate officer or constable
resigns the service or ceases to hold and exercise his office,
all power and authority vested in him by virtue thereof shall
forthwith cease and determine to all intents and purposes
whatsoever; and every such officer or constable, and every
member of a crew upon ceasing to hold and exercise his
office, shall deliver over all and every the arms, ammunition,
accoutrements, and other appointments whatsoever which
may have been supplied to him in such capacity to the person
and at the time and place to be appointed by the Captain
Superintendent.

* As amended hy No. 31 of 1923.
+ As amended by No. 31 of 1923 Law Rev. Ord., 1924.





(2) It shall be lawful for any justice of the peace to issue
his warrant to search for and seize such arms, ammuntion,
accountrements, and other appointinents which are not so
delivered over, wherever the same may be found.

22. Every subordinate officer (not above the rank of sub-
inspector) or constable or member of a crew who is guilty of
any refusal or neglect of duty or insubordination or breach
of discipline or misconduct, or who is guilty of any con-
travention of any of the provisions of this Ordinance or of
any regulation or departmental order made thereunder, shall,
without prejudice to dismissal under section 24, or to any
reduction in rank or class iinder section 23, be liable upon
sunmary conviction to a fine not exceeding two hundred and
fifty dollars, and to imprisonment for any term not exceeding
and shall, if any term of imprisonment be imposees,
forfeit all pay during his imprisonment.

23.-(1) If any subordinate officer (not above the rank of
sub-inspector) or constable or member of a crew is guilty of
any refusal or neglect of duty or insubordination or breach
of discipline or misconduct, or is guilty of any contravention
of any of the provision of this Ordinance or of any regula-
tion departmental order made thereunder, it shall be
lawful for the Captain Superinterident or any Deputy Super-
intendent to inflict any or all of the following punishments:-

(a) reduction in rank or class;
(b) a fine not exceeding twenty-five dollars;
(c) drills, not exceeding ten in number;
(d) loss of pay during any period of absence from duty.

(2) If any subordinate officer (not above the rank of sub-
inspector) or constable or member of a crew is guilty of any
refusal or neglect of duty or insubordination or breach of
discipline or misconduct, or is guilty of any contravention of
any of the provisions of this Ordinance or of any regulation
or departmental order made thereunder, it shall be lawful
for any Assistant Superintendent to inflict either or both of
the following punishments:-
(a) a fine not exceeding five dollans;
(b) drills, not exceeding five in number.

* As amended by No. 31 of 1923.





(3) If any member of the civilian staff is guilty of any
refusal or neglect of duty or insubordination or broach of
discipline or misconduct, or is guilty of any contravention
of any of the provisions of this Ordinance or of any regula-
tion or departmental order made thereunder, it shall be
lawful for the Captain Superintendent or for any Deputy
Superintendent to inflict either or both of the following
punishments:-
(a) a Fine not exceeding twenty-five dollars;
(b) loss of pay during any period of absence from duty.
(4) No drill ordered under this section shall exceed one
liour in duration.
(5) All sums forfeited under this section shall be paid into
the Treasury is the Captain Superintendent may direct, and
shall be applied to such purposes in connexion with the force
as the Governor may direct either by general instruction or
by a special order in any particular case.

(6) In lieu of Inficting any of the punishments authorised
by this section, it shall be lawful for the Captain Super-
intendent or (as the case may be) a Deputy Superintendent
or Assistant Superintendent to caution or reprimand or
severely reprimand the defaulter.

24. It shall be lawful for the Governor, on the representa-
tion of the Captain Superintendent, to disimiss any subordi-
nate officer or constable or member of the civilian staff, for
any refusal or neglect of ditty or insubordination or breach
of discipline or misconduct, or for any contravention of any
of the provisions of this Ordinance or of any regulation or
departmental order made thereunder, whether any action in
respect of the matter in question shall or shall not have
been taken under section 22 or section 23.

25.-(1) The Governor is hereby empowered to grant re-
wards to any members of the force, members of a crew and
police interpreters, who may distinguish themselves by extra-
ordinary diligence, zeal, or exertion in the exectition of their
duties, and the Captain Superintendent shall report to the
Governor any such member of the force, member of a crew,
or police interpreter, who may so distinguish himself, stating
the nature of the service.

* As amended by No. 31 of 1923 and Law Rev. Ord., 1924.
+ As amended by No. 31 of 1923.





(2) The Governor shall have power to grant distinctive
badges or medals to members of the force or members of a
crew for long and faithful or extraordinary services and to
withdraw the same if the recipient is subsequently guilty of
misconduct.

PART III.
MISCELLANEOUS
26.-(1) lt shall be lawful for any officer of police to
apprehend any person who may be charged with, or whom he
may reasona spect of being guilty of, any offence with-
out any warrant for that purpose, and whether he has seen
such olVence con-lmitted or not.
(2) Whenever any person so apprehended is brought with-
out warrant to the officer in charge of any police station, it
shall. be, lawful for such officer, in a case of ally offence which
is not a felony, if he deems it proper to do so and if no
magistrate is in attendance, at his office, to take bail by
recognizance, with or without sureties in a sufficient sum,
without fee or reward from such person conditioned that such
person shall appear for examination before a magistrate at some
place to be specified in the reognizance being the earliest
time then next after when a magistrate will be in attendance
at his office and every recognizance so taken shall be of
equal obligation on the parties entering into the same and
liable to the same proceedings for estreating thereof,as if
the same had been taken before a magistrate.

(3) The respective names, residences and occupation of
te person so apprehended and of this surety or sureties,if
any,entering into such recognizance, together with the
condition thereof and the sums respectiveply acknowledged
shall be entered in book to be kept for that purpose which
shall be laid before the magistrate before the magistrate
before whom the person apprehended is to appear and if he
does not appear when called upon at the time and place mentioned
in the reognizance the magistrate shall forwith estreat the recognizance
Provided that if that if the person appreheded appears and makes
application for a postponement of the hearing of the charge
aginst him the magistrate may enlarge the recognizance to
such further time as he may think proper, and when the
matter has been heard and determined such recognizance
shall be discharged without fee or reward.


*as amended by No.31 of 1923 and Law Rev. Ord.,1924




27. It shall be lawful for any police officer to stop and
search, and if necessary to arrest and detain for further
inquiries, any person whom he may find in any street or other
public place, or on board any vessel, or in any conveyance,
at any hour of the day or night, who acts in a suspicious
manner, or whom he may suspect of having committed, or of
being about to commit, or of intending to commit, any
offence.

28. It shall be lawful for any police officer to take the
finger prints of-
(1) any person who has been convicted of any offence;
(2) any person who has been arrested on a warrnt issued
under section 4 (4) of the Deportation Ordinance, 1917; and
(3) any other person upon the written order of the Captain
Superintendent or of a Deputy Superintendent.

29. In case any action is brought against any officer or
constable of the force for any act done in obedience to the
warrant of any magistrate, the officer or constable shall not
be responsible for any irregularity in the issuing of the war-
rant or for any want of jurisdiction in the magistrate issuing
the same, and he may plead the general issue and give such
warrant in evidence; and, on production of the warrant and
proof that the signature thereto is the handwriting of a person
reputed to be a magistrate and that the act was done in
obedience to the warrant, the jury or court shall find a verdict
or give judgment for the defendant, who shall also recover
double his costs of suit.

30. Every keeper of any place for the sale of liquors,
whether spirituous or not, who knowingly harbours or
entertains any member of the force, or permits him to remain
in such place, while on duty, shall upon summary conviction
be liable to a fine not exceeding two hundred and fifty
dollars.

31. Every person who assaults or resists any member of the
force or any member of a crew acting in the execution of his
duty, or aids or incites any person so to assault or resist, or
refuses to assist any such member in the execution of his

* As amended by No. 31 of 1923 and Law Rev. Ord., 1924.
+ As amended by No. 31 of 1923.
+ As amended by No. 31 of 1923 and Law Rev. Ord., 1924. See No. 10 of 1886,
Second Schedule.





duty when called upon to do so, shall upon summary
conviction be, liable to a fine not exceeding two hundred and
fifty dollars, and to imprisonment for any term not exceeding
six months.

32.-(1) It shall be lawful for the Governor, on the
application of any householder, to appoint any member of the
force to do special police duty in and upon the premises of the
applicant on payment to the Captain Superintendent for the
same of the whole of the pay and allowances of such member
of the force.

(2) All sums so received shall be paid by him into the
Treasury forthwith, and be accounted for monthly; and every
sum of money due for such special services shall be deemed
a debt due to the Crown, and shall be recoverable in like
manner as other Crown debts in respect of rent and otherwise
are by law recoverable.

[ s. 33, rep. No. 31 of 1923.]

SCHEDULE. [s. 8.]

Oath.

I swear by Almighty God that I will well and faithfully serve His
Majesty and His Heirs and Successors according to law for the term
of ..................................................................
as (a) .................................................................................
and will obey all orders of His Majesty and His Heirs and Successors
and of all magistrates and officers set over rne.

................. ..............................
Witness. Candidate.

Sworn before me, at Victoria, Hongkong, this ...........................
day of ........19 ......


..................
Magistrate.

(a) Here insert, constable of the police force of Hongkong , or police inter-
preter, or coxswain in the police department, or as the case may be.

As amended by Law Rev. Ord., 1924.
As amended by No. 31 of 1923.






















Declaration.


I, ..............................
do solemnly sincerely and truly declare and affirm that I will well and
faithfully serve His Majesty and His Heirs and Successors according
to law for the term of ....................................................
as (a) .....................................................
and will obey all orders of His Majesty and His Heirs and Successors
and of all magistrates and officers set over me.


.............................. ............................
Witness. Candidate.



Declared before me, at victoria, Hongkong, this ................... day of
.............., 19 ......


......................
Magistrate.

(a) Here insert, constable of the pol;ice force of Hongkong, or police inter-
preter, or coxswain in the police department , or as the case may be.


No. 12 of 1900, repealed by No. 19 of 1911.


[Originally No. 33 of 1900. No. 31 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Constitution of force and civilian staff. Control of force and civilian staff. Oath or declaration. Schedule. Period of engagement. Resignation on the ground of ill-health. Terms on which discharge may be claimed. Free Passages for European subordinate officers and constables. Provisions as to pensions for members of force. Pensions of civilian staff. Ordinance No. 2 of 1862. Revocation of pension. Regulations. Departmental orders. Proof of regulations and departmental orders. Delivery up of arms, etc., on ceasing to hold office. Penalty for breach of discipline, etc., on conviction before a magistrate. Disciplinary powers. Dismissal. Power to grant rewards, badges, and medals for extraordinary services, etc. Officer of police may apprehend person charged with or suspected of committing and offence; bail. [cf. No. 3 of 1890, s. 27.] Search, arrest and detention. Finger prints. Ordinance No. 25 of 1917. Protection of officer or constable acting in execution of warrant. Penalty on victualler, etc., harbouring member of force while on duty. Penalty on person assaulting, etc., member of force or crew acting in execution of duty. Special duty and expenses thereof on householder's application. [cf. No. 6 of 1875.]

[Originally No. 33 of 1900. No. 31 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Constitution of force and civilian staff. Control of force and civilian staff. Oath or declaration. Schedule. Period of engagement. Resignation on the ground of ill-health. Terms on which discharge may be claimed. Free Passages for European subordinate officers and constables. Provisions as to pensions for members of force. Pensions of civilian staff. Ordinance No. 2 of 1862. Revocation of pension. Regulations. Departmental orders. Proof of regulations and departmental orders. Delivery up of arms, etc., on ceasing to hold office. Penalty for breach of discipline, etc., on conviction before a magistrate. Disciplinary powers. Dismissal. Power to grant rewards, badges, and medals for extraordinary services, etc. Officer of police may apprehend person charged with or suspected of committing and offence; bail. [cf. No. 3 of 1890, s. 27.] Search, arrest and detention. Finger prints. Ordinance No. 25 of 1917. Protection of officer or constable acting in execution of warrant. Penalty on victualler, etc., harbouring member of force while on duty. Penalty on person assaulting, etc., member of force or crew acting in execution of duty. Special duty and expenses thereof on householder's application. [cf. No. 6 of 1875.]

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