HONG KONG POLICE RESERVE ORDINANCE, 1927

HONG KONG POLICE RESERVE ORDINANCE, 1927

No. 24 of 1927.

An Ordinance to provide for the formation, establishment and
regulation of the Hong Kong Police Reserve.

[16th December, 1927.]

1. This Ordinance may be cited as the Hong Kong Police
Reserve Ordinance, 1927.

2. In this Ordinance-

(a) ' Commissioner' means the Commissioner of the
Hong Kong Police Reserve, who shall be the person holding
the office of Commissioner of the Hong Kong Police Force;

(b) ' Reserve equipment ' includes all uniform, clothing,
arms, accoutrements, ammunition, batons and other effects of

* As amended by Law Rev. Ord., 1939, Supp. Sched.





every kind supplied by the Government and issued to a member
of the Hong Kong Police Reserve;

(c) ' Reserve ' means the Hong Kong Police Reserve
Force;

(d) ' Subordinate officer ' means every member of the
Hong Kong Police Reserve above the rank of constable except
the Commissioner, the Deputy Commissioners, the Superin-
tendents and the Assistant Superintendents.

3. It shall be lawful for the Governor in Council to make
regulations in respect of-

(a) the conditions of admission to the Reserve;

(b) uniform;

(c) equipment;

(d) weapons to be carried;

(e) drills and musketry training;

(f) duties and responsibilities of the Reserve when not
called up for active service;

(g) numbers and strength of the Reserst;

(h) appointment, duties and pay of medical officers in
connexion with the health of the Reserve;

(i) pay;
(j) conditions of resignation from the Reserve;

(k) gratuities and pensions to members of the Reserve for
wounds or injuries received whilst on duty;

(l) gratuities and pensions to widows and dependants of
members of the Reserve who are killed on duty or whose death
is directly traceable to wounds or injuries received or exposure
or illness contracted Whilst on duty

(m) the general government and discipline of the Reserve;

(n) such other things as may be necessary for the carrying
into effect of the provisions of this Ordinance.

As amended by Law Rev. Ord., 1939, Supp, Sched.





4. The Reserve shall consist of a Commissioner, and such
Deputy Commissioners, Superintendents, Assistant Superintend-
ents, subordinate officers and constables as the Governor in
Council may from time to time direct.

5. The Commissioner, subject to the control of the Governor
and the provisions of this Ordinance, shall be charged with the
direction and administration of the Reserve.

6. The Commissioner may enrol in the Reserve such per-
sons as ofter their services in accordance with the regulations
for the time being in force provided that he considers the persons
suitable for the duties to be performed under this Ordinance,
and every person upon being enrolled shall becorne a member
of the Reserve and subject to. the provisions of this Ordinance.

7.-(1) The Deputy Commissioners, the Superintendents
and Assistant Superintendents may be appointed and promoted
by the Commissioner with the approval of the Governor and may
be dismissed by the Governor.

(2) A subordinate officer may, be appointed, promoted,
reduced or dismissed by the Commissioner.

(3) A constable may be promoted or dismissed by the
Commissioner.

8. Every member of the Reserve, shall be supplied with such
equipment as may be prescribed by regulations.

9.-(1) All Reserve equipment shall be and remain the
property of the Government.

(2) All Reserve equipment shall when required by the
Commissioner be produced or delivered up as directed by the
Commissioner.

(3) On the death of any member of the Reserve, the person
or persons into whose hands the Reserve equipment of the
deceased member may come shall forthwith return the same to
the Commissioner.

10.-(1) If any member of the Reserve wilfully makes away
with, sells or pawns, or wilfully or negligently damages, destroys

As amended by Law Rev. Ord., 1939, Supp. Sched.





or negligently loses or unlawfully refuses or neglects to produce,
deliver or deliver up, any Reserve equipment, the value thereof
shall be recoverable from him summarily before a magistrate by
the Commissioner, and such member shall also 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.

(2) If any, person knowingly buys or takes in exchange or
in pawn from any member of the Reserve or any person acting
on his behalf, or solicits or entices any member of the Reserve
to sell or pawn, or has in his possession without lawful authority
or excuse, any Reserve equipment, such person shall upon
summary conviction be liable to a fine not exceeding two hundred
and fifty dollars and imprisonment for any term not exceeding
six months.

11-(1) In case of actual or apprehended tumult or not
or attack on the Colony, the Governor by proclamation may call
out the Reserve or any portion or members thereof for active
service.
(2) Every member of the Reserve if so called out shall be
bound to assemble at such place and perform such duties as the
Commissioner shall direct.
(3) The period of such service shall continue so long as the
Governor considers necessary and shall end only by proclamation
of the Governor.
(4) Nothing in this Ordinance shall render any member of
the Reserve liable to serve or proceed on duty without his consent
beyond the limits of the Colony.

12. Every member of the Reserve when called out on active
service shall be entitled to such pay and allowances, if any, as
may be laid down by regulations.

13. All members of the Reserve who have received wounds
or injuries when called out on active service, and the widows and
the families or dependants of all such members of the Reserve
who have been killed or have died of wounds received during
such active service or have died from illness directly traceable
to fatigue or exposure incident to such active service, shall be

* As amended by Law Rev. Ord., 1939, Supp. Sched.





eligible for such pensions or gratuities as the Governor in
Council shall fix: Provided that no pension shall exceed the
sum of one thousand dollars per annum and no gratuity shall
exceed the sum of five thousand dollars.

14. Every member of the Reserve when called out for active
service shall have the same powers for the preservation of the
peace, the prevention of offences, the apprehension of offenders
and for all other purposes, and shall enjoy the same privileges,
protection and immunities, as a European member of corres-
ponding rank in the regular police force: Provided that nothing
in this section shall be construed as conferring any right to any
pay, pension or reward, or any exemption from liability to jury
service.

15. It shall be lawful for the Commissioner-
(1) to make departmental orders as he may think fit for the
carrying out of the daily routine of the Reserve and for regulating
the internal economy thereof;

(2) to appoint fit persons to be instructors of the Reserve
in such subjects as he may consider necessary for the efficient
performance by the Reserve of its duties ;

(3) to issue such orders as he may deem necessary to make
the Reserve an efficient force and to maintain it as such and to
see that such orders are duly obeyed;
(4) when the Reserve is not called out for active service, to
employ without pay any members of the Reserve who volunteer
for such duty to assist the regular police in the execution of their
duty. Every member of the Reserve when so employed shall
enjoy the same rights and privileges, protection and immunities,
as a European member of corresponding rank in the reglular
police force, except as to pay, pension or other reward;

(5) to take full charge of the Reserve when it is called out
for active service and to issue all necessary orders for the duties
which it has been called upon to perform and to take such steps
as may be necessary to see that such orders are duly executed.

16. It shall be the duty of every member of the Reserve-

(1) to obey all lawful commands of his superior officer;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) to attend such drills and parades and to undergo such
training as may be specified in the orders issued by the Com-
missioner;

(3) to make himself efficient as a member of the Reserve;

(4) to make himself conversant with the departmental orders
and to carry out his duties under the same and on the calling
out of the Reserve to carry put such duties as may be assigned
to him;

(5) to keep his equipment in good and serviceable order;
and

(6) upon ceasing to be a member of the Reserve to return
forthwith his equipment in good order (fair wear and tear
excepted) to the Commissioner.

17. Every member of the Reserve who, when not called
out for active service, wilfully neglects or fails to carry out his
duty shall be liable to be reprimanded and summarily dismissed
from the Reserve.

18.-(1) Every member of the Reserve called out for active
service who without reasonable excuse refuses or neglects to serve
shall be liable on summary conviction to a fine not exceeding five
hundred dollars and to imprisonment for a term not exceeding
twelve months.

(2) When called out for active service every constable and
subordinate officer not above the rank of sub-inspector who is
guilty of any of the offences set out in sub-section (3) shall be
liable to any or all of the following penalties-

(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

(e) caution, warning, reprimand or severe reprimand.
These penalties may be imposed by the Commissioner or the
Deputy Commissioner: Provided that the penalty of reduction
in rank or class shall only be imposed by the Commissioner.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) The offences to which the preceding sub-section refers are as
follows

(a) drunkenness on duty or in uniform;

(b) drinking on duty;

(c) smoking on duty;

(d) insubordinatio n or disrespect to,a superior officer

(e) improperly disclosing idormation concerning police affairs ;

(f) soliciting or accepting anygratuity;

(g) unpunctuality;

(h) slovenly conduct or appearance in uniform;

(i) infringement of any regulation or departmental order made under
this Ordinance;

(j) exceeding duty, unnecessary interference or violence;
(k) bringing discredit on the force,

(l) wilfully carrying out duties in a negligent or inefficient manner;

(m) refusal to obey lawful commands or carry out duties assigned to
him.

19. Every member of the Reserve who, within twelve months from the
date of his enrolment therein, ceases to be a member of the Reserve either by
resignation or dismissal shall pay to the Commissioner the cost of his
uniform. The cost of the uniform may be recovered in a summary way before
a magistrate.

20. Whenever any member of the Reserve is by a medical board
appointed by the Governor certified to be unfit for further service because of
ill health, the Commissioner shall inform such niernber that he has been
invalided out of the Reserve and lie shall thereupon cease to be a member of
the Reserve.

21. It Shall be lawful for the Governor upon report made by the
Commissioner to grant rewards to any menber of the Reserve who may
distinguish himself by extraordinary diligence, zeal or exertion in the
execution of his duties.

22. A person may cease to be a member of the Reserve by

(i) being invalided out of the Reserve;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) resignation in accordance with the regulations;
(3) dismissal by the Governor or Commissioner under the
provisions of this Ordinance or the regulations made tbereunder.

23. Any of the powers conferred on the Commissioner by
this Ordinance may be exercised by any deputy commissioner,
superintendent or assistant superintendent deputed for that
purpose by the Commissioner.

24. Every person who, not being a member of the Reserve,
puts on the dress or takes the name designation, or character
of a member of the Reserve for the purpose of thereby obtaining
admission into any house or other place, or of doing or procur-
ing to be done any act which a member of the Reserve would
be entitled to do or procure to be done of his own authority, or
for any other unlawful purpose, shall, in addition to any other
punishment to which he may be liable for such offence, 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.

25.-(1) No person shall without lawful authority or excuse
have in his possession-
(a) any badge, identification document, equipment, clothing
or other thing issued to any member of the Reserve; or
(b) any badge, identification document, equipment, clothing
or other thing usually issued to members of the Reserve; or
(c) any badge, document, equipment or clothing which so
closely resembles any badge, identification document, equipment
or clothing usually issued to members bf the Reserve as to lead
to the belief that it is such badge, identification document,
equipment br clothing.

(2) No person shall without lawful authority or excuse
make, copy or sell any badge or document which so closely
resembles any badge or identification document tistially issued
to a member of the Reserve as to lead to the belief that it is such
badge or identification document.
(3) Every person who contravenes any of the provisions of
this section 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.

* As amended. by Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 24 of 1927. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Constitution. Administration. Enrolment. Appointment, promotion and dismissal of officers and other members. Reserve to be supplied with equipment. Reserve equipment to remain the property of the Government. Reserve equipment not to be wrongfully disposed of. Calling out for active service. Pay when called out. Pensions to members disabled and widows and families of those killed on active service. Powers of members of the Reserve, Powers of the Commissioner. Duties of Members of the Reserve. Penalty when not called out. Penalties when called out. Members leaving the Reserve within twelve months to pay the cost of their uniform. Invaliding members out of Reserve. Power to grant rewards, for extra-ordinary services, etc. Cessaton of membership of the Reserve. Delegation of powers by Commissioner. Impersonation of or imporper assumption of character of member of the Reserve. Unauthorized possession, manufacture or sale of ladges and equipment.

[Originally No. 24 of 1927. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Constitution. Administration. Enrolment. Appointment, promotion and dismissal of officers and other members. Reserve to be supplied with equipment. Reserve equipment to remain the property of the Government. Reserve equipment not to be wrongfully disposed of. Calling out for active service. Pay when called out. Pensions to members disabled and widows and families of those killed on active service. Powers of members of the Reserve, Powers of the Commissioner. Duties of Members of the Reserve. Penalty when not called out. Penalties when called out. Members leaving the Reserve within twelve months to pay the cost of their uniform. Invaliding members out of Reserve. Power to grant rewards, for extra-ordinary services, etc. Cessaton of membership of the Reserve. Delegation of powers by Commissioner. Impersonation of or imporper assumption of character of member of the Reserve. Unauthorized possession, manufacture or sale of ladges and equipment.

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