WATCHMEN ORDINANCE, 1928

WATCHMEN ORDINANCE, 1928

No. 6 of 1928.

An Ordinance to provide for the registration and regulation of
watchmen.

[1st May, 1928.]

1. This Ordinance may be cited as the Watchmen
Ordinance, 1928.

2.-(1) In this Ordinance,

(a) ' Casual watchman ' means a watchman engaged at a
daily rate;

Aa amended by No. 23 of 1929 [1.11.29].





(b) ' Employer' means a person who employs a
watchman;

(c) ' Police watchman ' means a watchman registered in
the watchmen's register as a police watchman;

(d) ' Private watchman ' rffeans a watchman registered in
the watchmen's register as a private watchman

(e) 'Ship's guard' means a person employed on any
vessel as a watchman, other than a casual watchman;

(f) ' Watchman ' includes every person who is employed
ashore or afloat to protect any property or to prevent crime or to
maintain order in any place, and also every person who is
employed as a head watchman to supervise other watchmen;

(g) 'Watchmen's register '. means the register of watch-
men kept by the Commissioner of Police.
(2) Any power or discretion, conferred by or under this
Ordinance upon the Commissioner of Police may be exercised
by any police officer not below the rank of Assistant Superin-
tendent.

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

(a) fixing the wages and other sums payable by the
employers of police watchmen, and the appropriation of portions
of such wages and other sums for such objects as the Governor
in Council thinks fit;

(b) making and altering grades and ranks of police
watchmen;

(c) regulating the conditions of employment and service of
police watchmen;

(d) providing for the discipline and control of police
watchmen;

(e) imposing duties and obligations on watchmen and on
employers of watchmen;

(f) prescribing fees;

As amended by No. 4 of 1937 [12.3.37] and Law Rev. Ord., 1939,
Supp. Sched.





(g) generally for carrying out the provisions of this
Ordinance.

4. The following shall not be subject to this Ordinance-

(a) public officers;

(b) members of His Majesty's regular Naval, Military or
Air Forces, or of any Auxiliary Force;

(c) persons employed by the Admiralty or War Department
or by the Air Ministry; and

(d) watchmen of Chinese race, unless allowed by the
Commissioner of Police to register themselves in the watchmen's
register.

5. The Commissioner of Police may at any time by writing
under his hand exernpt any watchman or class of watchmen, or
any employer, from any of the provisions of this Ordinance or
of any of the regulations made thereunder.

6. Subject to the provisions of section 4, no person shall
perform or continue to perform any of the duties of a watchman
unless he is registered in the watchmen's register either as a
police watchman or as a private watchman, and no person shall
knowingly employ or continue to employ any unregistered
person as a watchman or to perform any of the duties of a
watchman.

7.-(1) It shall be lawful for the Commissioner of Police
to order that any police watchman, other than a ship's guard,
who is found guilty by him of neglect of duty, disobedience to
orders or other misconduct shall be punished either-

(a) by a fine not exceed ing ten dollars, in which case, if the
fine is not paid, the Commissioner of Police shall have power to
deduct such fine from any moneys then or thereafter in his hands
payable to such watchman, or

(b) by any number of extra or defaulters drills not
exceeding seven for any one offence, or

(c) by removal from the watchmen's register.

As amended by No. 4 of 1929 [8.3.29].





(2) All such fines shall be paid into the Treasury and shall
be applied to such purposes as the Governor may from time to
time direct.

8. Every watchman who deserts from his employment may
be removed from the watchmen's register and if so removed.
shall forfeit any right to any moneys that may be standing to
his credit in the hands of the Commissioner of Police.

9. In any case other than those specified in sections, 7 and 8
the Commissioner of Police may remove any person from the
watchmen's register, subject to an appeal to the Governor in
Council.

10. Subject to an appeal to the Governor in Council, the
Commissioner of Police may refuse to permit any person to
register himself in the watchmen's register.

11. Every police w atchman shall while acting in the
discharge of his duties as a watchman have the same powers of
arrest as a police officer.

12. No watchman other than a private watchman entitled
before 1st June, 1928, to be registered both under this
Ordinance and the Money-lenders Ordinance, 1911, shall act as
a money-lender or take any part in the business of any money-
lender or share in the profits of any sach business.

13. It shall be lawful for any police officer who is authorized
thereto by the Commissioner of Police, either generally or in a
particular case; to entex any place and to search any vessel (not
being or having the status of a ship of war) in or on board which
such police officer has reason to believe that an unregistered
watchman is employed, and to search such place or vessel and
to do everything which may be reasonably necessary in order
to make such search effective.

14. Every sum of money payable under the provisions of
this Ordinance or of any regulation made thereunder shall be
recoverable in the same manner as Crown rents are recovered
upon a certificate purporting to be under the hand of the
Treasurer.

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

15. In any proceeding against any persoll under this
Ordinance it shall be presumed until the contrary is proved that
such person is not of Chinese race.

16. Every person who contravenes any of the provisions of
this Ordinance or of any regulation made thereunder shall be
liable upon summary conviction to a fine not exceeding two
hundred and fifty dollars or to imprisonment for any term not
exceeding six months.
[Originally No. 6 of 1928. No. 4 of 1929. No. 23 of 1929. No. 4 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Persons not subject to this Ordinance. Power of exemption. Unregistered persons not to act or be employed as watchmen. Discipline. Desertion. General power of removal from the watchmen's register. Admission to the watchmen's register. Power of arrest. Watchmen not to be money-lenders. Ordinance No. 16 of 1911. Search. Recovery of sums payable. Presumption. Penalties.

[Originally No. 6 of 1928. No. 4 of 1929. No. 23 of 1929. No. 4 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Persons not subject to this Ordinance. Power of exemption. Unregistered persons not to act or be employed as watchmen. Discipline. Desertion. General power of removal from the watchmen's register. Admission to the watchmen's register. Power of arrest. Watchmen not to be money-lenders. Ordinance No. 16 of 1911. Search. Recovery of sums payable. Presumption. Penalties.

https://oelawhk.lib.hku.hk/items/show/1605

1937

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