POLICE FORCE ORDINANCE
Title
POLICE FORCE ORDINANCE
Description
Salaries.
Payment of
Farce- to be voted
in annual Esti.
motes..
ORDINANCE No. 9 of 1862.
Police Force.
Title.
[See ordinance
H2 7 of 1811.]
Preamble.
No. 9 of 1862.
An'Ordinance for the Establishment and Regulation of the Police Force
of the Colony of Hongkong.
[3rd May; 1862.
WHEREAS it is expedient that provision should be made for establishing and
regulating the Police Force for the Colony of Hongkong: Be it enacted by
His Excellency the Governor of Hongkong, with the advice of the
Legislative Council
thereof, as follows:-
Repeal of No.12 1. So much of Ordinance No. 12 of 1841 as has not. been
already repealed, is.
of 1844.
hereby repealed.
Police Force es- , 2, From and after the passing of this Ordinance a
Police Force shall be est.ab=
taVltahed.
fished for the service of this Colony, which shall be commanded by a
Captain Super-
intendent and shall consist of the officers, clerks, interpreters,
subordinate officers, and
privates mentioned in schedule A hereunto annexed.
'robe varied by $, It shall be lawful for His Excellency the Governor from
time to time to in-
Guvertior.
crease or diminish the strength of the Force as may to him appear
expedient.
4. The officers, and others so to be appointed as aforesaid, shall be
paid the
several monthly salaries specified opposite the respective ranks in
schedule A b;jpfore
referred to.
J~. The supply required for the payment of the Police Establishment shall
uo
voted annually as heretofore in the Annual Estimates and Appropriation
Ordinances,
and the ways and means shall be provided as prescribed by Ordinances No.
2 of 184
and No. 3 0£ 1851.
Agents to caller
men for the
Force.
[Yce fled: No. 6 q7
~BGS s. 1..]
Oath of Captain
Superintendent.
8. His Excellency the Governor is hereby empowered to appoint such agents,
with reasonable remuneration for their services, and repayment of
disbursements, as to
him shall seem necessary, for the enlistment in other portions of Her
Majesty's domi-
nions, o£ fit and proper men for service in the Police Force for this
Colony. -
'l. The Captain Superintendent, and Assistant Superintendent shall,
previous to
entering on the duties of their respective offices, take before a Police
Magistrate of
this Colony the following oath:-
I, A.B., do swear that I will bear true allegiance to oar Sovereign Lady
the
Queen, and that I will well and truly serve Her Majesty in the office of
Captain-
' Superintendent of the Police (or, Assistant Superintendent, as the case
may bed
without favour or affection, malice or ill-will, that I will cause Her
Majesty's
Peace to be kept and preserved, and that I .will prevent to the best o£
my power
all offences against the same, and that while I shall continue to hold
the said
office, I will, to tile best of my skill and knowledge, discharge all the
duties
thereof faithfully according to law. So help me God.
Captain Superin. And the Captain Superintendent shall, during his tenure
of the office, have and
tendent to be a
Justice of Peace, exercise all the powers of a Justice of the Peace, with
regard to the Police Force; or
in relation to
matters ofPolice any member or members thereof.
ORDINANCE No. g of 1862.
Police Force.
$. Inspectors and other subordinate officers and constables shall before
appoint- , ofneors and - .
went, be examined by the Captain Superintendent and.Colonial Surgeon, and
having constables to been so examined and approved of, shall go before a
Police Magistrate of the Colony
and answer the questions, and subscribe and take the oath or make the
declaration
contained in the schedule hereto annexed, marked B.
9. Every Inspector or other subordinate officer and constable to be
appointed, Officers. and
constables to be
shall engage and bind himself to serve in the Police Force for the term
of five years, eeaasea fort!ve
during which term he shall not be at liberty to resign his office br to
withdraw himself
from the duties thereof, except as is hereinafter provided.
10. Whenever any inspector, sergeant, or constable of the Police Force
shall be
desirous to leave the Force at the termination of his service of five
years, be shall be
at liberty to do so, upon his giving to the Captain Superintendent three
months' pre-
vious notice of his intention so to do; and he shall be thereupon
entitled to a free
passage from Hongkong to the port nearest to the place at which he may
have been
engaged for service in the Force, or in lieu thereof or in case he shall
have been en-
gaged in Hongkong, he shall be entitled to a sum equal to three months'
pay of the
rank to which at the time he may belong. [Repealed by Ordinances No. 9 of
1868
(disallowed) and by No. 8 of 1869 except as to any right acquired.]
j 11. In case any inspector, sergeant, or constable, who shall have
completed the
period of service for which he had engaged, shall be desirous of
continuing in the
Police Force, he shall be at liberty to engage and bind himself for a
further term of
five years on the same terms and conditions, and in like manner as is
provided by
section 9. [Repealed by Ordinance No. 9 of 1868 which was disallowed.]
12. Whenever any inspector, sergeant or constable shall have completed the
full term of service of ten years in the Police Force, he shall be
entitled in addition to
the bonus or passage money mentioned in section 10, to an annual pension
of fifteen-
sixtieths of the annual pay of his rank, and also for every full and
complete year's
service after ten years, to an addition to the annual pension of
one-sixtieth, in respect
of each additional year of such service; and such pension shall be
computed upon the
amount of the annual pay enjoyed by the person retiring at the time of
his retire-
ment: Provided he shall have been in the receipt of the same for at least
three years;
otherwise the pension shall be calculated upon the average amount of pay
received by
such person for the three years next preceding the commencement of such
pension.
Provided always, that His Excellency the Governor shall and may grant
superannua.
tion allowance or a fixed sum by way of compensation to any inspector,
sergeant, or
constable of the Force, who shall-be disabled for further service by
reason of wounds
or injuries received in the actual execution of his duty. [Repealed by
Ordinances No.
9 of 1868 (disallowed) and by No. 8 of 1869 except as to any right
acquired.]
13. The Captain Superintendent shall from time to time, subject to the
approval nulea:mrgovern-
of His Excellency the Governor, frame such orders and regulations as he
shall deem cinljneyof6ee.:
expedient for the general government and discipline of the Police Force.
nouns tit enA of
five years aer-
riec III Force.
J1G1Ypr to TCIICw
sorvic^ in'force
to], tUrthcr
Jlerlocl.
Retiring pen.,
sinus.
ORDINANCE No. 9 of 1862.
Police Force.
onlebvingForee, - 14. Whenever any inspector, sergeant or constable of
the Force shall resign the
Accoutremenks
to he gsven nn. service, or shall cease to hold and exercise his office,
all bower and authority vested in
him by virtue thereof, shall forthwith cease and determine to all
intents and purposes
whatever; and every such officer shall deliver over all and every the
arms, ammuni-
tion, horses, accoutrements, and other appointments whatsoever which
shall have been
supplied to him in such capacity, to the person and at the time and place
to be ap-
pointed by the Captain Superintendent; and it shall be lawful for any
Justice of the
Peace to issue his warrant to search for and seize arms, ammunition,
horses, accou-
trernents and other appointments whatsoever which shall not be so
delivered over,
wheresoever the same shall be found.
Penalty for ne-
glect of duty, or
non-delivet;v of
.airms on qttik-
tig roree.
15. Whenever any inspector, sergeant or constable of the torte shall` be
guilty
of any neglect or violation of duty in his office, or shall neglect or
refuse to obey or
execute any warrant lawfully directed to be by him executed, or shall be
guilty of any
disobedience to the orders and regulations framed by the Captain
Superintendent, or
any other misconduct as an officer of the Police Force or as a constable,
or who having
duly engaged and bound himself to serve in the Force shall desert
therefrom, or who
being permitted to resign shall not upon ceasing to belong to the Forte
deliver up all
arms, accoutrements and appointments whatsoever entrusted to him for tile
perform-
ance of his duty, he shall, upon conviction thereof before a Police
Magistrate in a
summary n)anner, forfeit and pay a sum not exceeding two hundred dollars,
and in
default of payment thereof, be imprisoned in any gaol of this Colony with
or without
hard labour, for any term not exceeding six months; and every offender
shall forfeit
all pay during leis imprisonment.
16. The Captain Superintendent shall, in cases of breach of discipline or
neglect
of duty by any officer or constable of the Force, upon proof thereof to
leis satisfaction,
have power to order the offender to forfeit and pay a sum slot exceeding
twenty-five
dollars, or award imprisonment for any term not exceedin; seven days with
forfeiture
of pay; or, in his discretion, the Captain Superintending may bring the
offender before
a Police Magistrate who shall have power to award imprisonment for any
term not
exceeding fourteen days with or without hard labour, together with
forfeiture of all pay
during'sucli imprisonment.
17. If any person not being a member of the Police torte shall
have in his possession any arms, accoutrements or appointments supplied
to any officer of the torte, and shall not be able satisfactorily to
account
for his possession thereof; or shall put on or assume the dregs, naTxie,
designation or description of an officer of the Force or of a constable,
every such person so offending shall, in addition to any other punishment
to which he may be liable for such offence, forfeit and pay for every
such.
offence any sum not exceeding tern hundred dollars, to be recovered in a
summary manner before any Police 11!Lanistrate.
Captain Snl7erin-
tendent or Vtn-
*sistrnto to pun-
ish for breaches
.ttY discildine.
T'ellttl.ty for
possession o£
Police ap-
poilltments,
or pexsonn-
tinl~ Police
.)t>ieer.
ORDINANCE- .No. -9` of 1362.
Police Force.
18. It shall be lawful for any officer or constable of the Police
Force to apprehend any person who shall be charged with, or whom he
shall reasonably suspect of being guilty of any felony or misdemeanour
without any warrant for that purpose, and whether he shall have seen
such felony or misdemeanour committed or not, and whenever any person
so apprehended shall be brought without warrant to the officer in charge
of any Police Station, it shall be lawful for such last mentioned officer,
in a case of misdemeanour, if he shall deem it proper so to do, and if no
Magistrate shall be in attendance at his office, to take bail by
recognizance
with or without sureties in a sufficient sum zNvithout fee or reward from
such person, conditioned that such person shall appear for examination
before a Alagistrate at some place to be specified in the recognizance,
being the earliest time then next after when a Magistrate shall be in
attendance at his office ; and every recognizance so taken shall be of
equal obligation on the parties entering into tile same and liable to the
carne proceedings for estreatina thereof, as if the same had been taken
before a-_VIag,istrate ; and the respective names, residences and
occupations
(the person so apprehended, and his surety or sureties, if any, entering
into such recognizance, together with the condition thereof and the sums
respectively acknowledged, shall be entered in a book to be kept for that
purpose, which shall be laid before the Magistrate, before whom the
person apprehended is to appear ; and if he do not appear when called
upon at the time and place mentioned in such recognizance, the Magis-
trate shall forthwith estreat the recognizance : Provide([ that, if the
person apprehended shall appear and shall make application for a post-
ponement of the hearing of the charge against him, the Magistrate may,
if he see fit to grant such application, enlarge the recognizance to such
further time as he may think proper, and when the matter shall have
been heard and determined, such recognizance shall be discharged without
fee or reward.
19. In case any action shall be brought against any officer or constable
of the Police Force for any act done in obedience to the warrant of any
Magistrate, the officer or constable shall not be responsible for any
irreg~i-
larity in the issuing of the warrant or for any want of jurisdiction in
the
Magistrate issuing the same, and the officer or constable may plead the
general.issue and give such warrant in evidence; and upon producing
such warrant and proving that the signature thereto is the handwriting
of a person reputed to be a Magistrate, and that the act was done in'
Police officer
may appre-
hend persons
suspected of
being guiltg
of felony or
misdatlleall- ,
0111'.
To take bar t.
Particular', of
recognizance
io be enterel
in book,
And -forfeited
on non-
appearance
of defendant.
Police officer
not re8poll-
sible for want
of jurisdic-
tion.
General issue.
may be
pleaded and
special matter
given in
evidence.
'I'ernts nn Which
any member of
Police 1'crce nny
resign.
ORDINANCE No,. 9 of 1862.
Police Ri-ce.
obedience to such warrant, the jury or Court before whom the action is
tried, shall find a verdict for the defendant who shall also recover
double
his costs of suit.
Victualler 20. If any victualler or keeper of any house; shop, room or
other
harbouring er place for the sale of any liquors whether spirituous or
otherwise, shall
.on duty, on
conviction knowingly harbour or entertain any man belonging; to the Police
Force,
to be fined.
or permit him to abide or remain in his house, or on other his premises
during any part of the time appointed for his being on duty, every such
-victualler or keeper, being convicted ~hcreofbefore any Magistrate, shall
for each offence forfeit and pay such sum not exceeding one hundred
dollars together with costs, to be recovered in a summary manner as the
said Magistrate shall direct, and in default of payment shall be liable,
if
no sufficient distress can be found, to be imprisoned for any term not
exceeding three months. [ 'Six months with or without hard laGour ' as
mrrended by Ordinance No. 9 of 18G7.]
Penalty foe 21. If any person shall assault or resist any member of the
Police
.sssau~ltln `
Police officer force, acting in the execution of his duty, or shall aid or
incite, ~any
in execution 4 duty. , person so to assault or resist, or shall refuse to
assist any officer
constable in the elocution of his duty when called upon so to do, every
such offender being thereof convicted before any Magistrate, shall for
every such offence forfeit and pay such sum, not exceeding two hundred
dollars, together with costs, to be recovered in a summary lnauner, as
the said Magistrate in his discretion may order, and in default of payment
shall be liable, if no sufficient distress can be found, to be imprisoned
for
any term not exceeding three months. ['Six months with or without hard
labour ' as amended by Ordinance No. 9 of 1867. ]
ctrennscancee 22. Notwithstanding anything herein to the contrary, His
Excellency the Gov-'
;n which officer
'May be allowed ernor shall have power to grant permission to resign, to
any inspector, sergeant or
be riiRms'ge~1n'n' constable of the Force who may become unfit for
further service from ill-health on the
certificate of the Colonial Surgeon to that effect being produced, or in
any special cases
brought to His Excellency's notice by the Captain Superintendent, His
Excellency the
Governor shall have power to grant to any such officer permission to
resign or to dis-
miss any such officer.
23. Any inspector, sergeant or constable of the Police Force shall be
entitled to
claim his discharge at any time during the period of his first or second
enlistment of
fire years, upon his giving to the Captain Superintendent three months'
notice of his
wish to withdraw, and paying a sum equivalent to two mouths pay of the
rank he may
hold at the time of his giving notiee,of withdrawal for each unexpired
year of his team,
of enlistment. -
ORDINANCE - N'o. 9 OF 1862.
Police Force.
24. His Excellency the Governor is hereby empowered to grant rewards to
any
.officers or constables of the Police Force who shall distinguish
themselves by extraor-
'-Binary diligence, zeal or exertion in the execution of their duties,
and the Captain Su-
perintendent shall report to His Excellency any such officer who shall so
distinguish
himself, stating the nature of the service; and His Excellency the
Governor shall have
power to grant distinctive badges and medals to such officers of the
Police Force for
long and faithful or extraordinary services.
25. His Excellency the Governor is empowered to direct suitable stations
for
the quarters and accommodation of the Police Force, and furniture
suitable for the
.same, to be provided, and to direct the erection, fitting up and
furnishing of suitable
premises as a place or places for instructing, training and drilling the
Police Force as
occasion may require.
2$. His Excellency the Governor is hereby empowered, if he shall think
fit on
the application of any householder, to appoint any member of the Police
Force to do
special duty in and upon the premises of the applicant; and every
householder who
shall so avail himself of the services of any constable of the Police
Force, shall pay to
the Captain Superintendent of the Police Force for the same at the rate
of two-thirds
-of the pay and allowance of such constable; and all sums which shall be
received by
the Captain Superintendent for such special services, shall be paid by
him into the
Colonial 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 a summary manner by the Captain Superintendent.
2'7. All officers and constables now serving and who have been
contributing to 'form of sert'ico
by present Police
the Police Superannuation FFund, shall be entitled to reckon their past
services as part ''a`'°''~ t° °°''r
f ix clxlm for
of the period of ten years required to establish a claim to pension, as
hereinbefore 1'''''''
provided.
Reveur.Ls, lxtiges,
811Q modals 11rty
Le glren for ex-
rtmnrdiwny ser-
1'$eC3.
Uxtiott:r xttd fxr-
xitxrH W lm lrro-
vitlwl for 1'olir o
Force.
Slnccixl Qtttp to
ho ycrtlwmcrl by
I'olico, On Itnuwe-
LolQOrs' xlrplirx-
tion xarl expense
tJte.reor.
SCI3EDULE A.
SCHEDULE ON THE ESTABLISHMENT OF THE POLICE FORCE OF HONGKONG.
European Force.
Per Annum.
............ a300.00
............ , M0.00
1~Clerk and Accountant, 200.00
G Inspectors of Police (ltc-
~gular Duties), .... 4first class 441'r 5.00 each per annum,
average pay 150.00 each 3 second ., 160.00 ! 1,650
kets, InspectorsofPolice(Mar-~ i 4third
, Nuisances &c.),
1 Store and Barrack Serjeant, 100.00 ...... 100
(1 first class X100.00 perannum,
90.OOeaeh j 2 second `360
1 Captain Superintendent,
1 Assistant do.,
800
350
200
4 Serjeants average pay
f Acting Serjeants,
40 Constables, .... .....
1 third
2 first
77.10 .. ~ 2 second
2 third
13 first
1 4second
13 third
80.00
80.00
77.10
76,00
70.00
66.00
60.00
2,600
ORDINANCE No. 9 OF 1862.
Police Force.
Indian.Force. ,
Per Annum.
7 Scrjeant Major, k 60.00 ...... £ 60
1 Interpreter of Indian Languages, -. 55.00
3 first class Z,,' 55.00 each per annum..
8 Scrjeants, average pay 50.00 each 2 second 400-
3 third ,.
4 first 42.10 .,
12 Acting Serjeants, . 480
4 third 37.10 ,
116 first ,. 1
3:50 Constables . .................. 32.10 11,375
116 third
312 ;C 12,370
Inclusive of 8s. 4d, per month each man allowance for rations.
Should rations be issued in kitrd, a, corresponding deduction from the
pay will be made.
Chinese Force.
Per Annum.
1 Interpreter, A, 80.00
12 Scrjcant Interpreters, average pay 40.00 each
3 Serjcants, Water Police,. . 11 30.00
R feting 8erjcauts,1Vater Police,
:)0' Consta.blea, Witter Police,
651 Total Force of all hanks.
25.00
Additional pad for extra nr .paci.aL qerviees aixd rLrstiae,
4 first class:U2.10cacliperannum,
4 second 40.00
4 third 37.10
1 first ,. 32.10
., 1. second 30.00
1 third 27.10
3 first 27.10
2 second 25.00
3 third 22.10
30 first 20.00
30 second 18.10
30 third 17.00
480
2 Drill Serjeants, ........... t7.10 per annum, each .E1G.00
24.001 .. £ lit
24.00 )
.
4 Constables, charge of Fire EnKiues, 6.(10
8 Constables, :Drummers and Fifers, ., 6.00
4 Constables, Indian Interpreters, 6.00
:3 horse Coolies, and 3 Station Coolies at average pay of each ;g15 per
annum,
Total ~C21,611
SCHEDULE B.
Questions to be put separately by the Police Magistrate to a person
engaging or enlisting into the-
service of the Police Force of Hongkong,.
1. What is your name.
2. In what place were you born.
3. What is your trade or calling.
4. Are you married.
5. Are you ruptured or lame? have yon ever been subject to fits or have
you any disability or disorder
which impedes the free use of your limbs or unfits you for ordinary labor.
6: Do yon belong to the Army or Navy or Militia.
7. Have you ever served in the Army or Navy, Militia or Volunteers.
$, Are you willing to serve in the Police of Hongkong for the term of
five years from the date hereof.-
No. 9 of 1862.
Police Force.
I do make oath that the above questions have been separately put to me;
flat For- of nnu4
the answers thereto have been read over to me, and that they are the same
that I gave and are take.
I do also make oath that I will well and faithfully serve Her Majesty,
Her Heirs and Successors for
the term of five years as of the Police Force of Hongkong, and will
observe and obey
:'Ill orders of Her Majesty, Her Heirs and Successors, and of all
Magistrates antl Officers set over me.
So help me God.
Civil Pensions.
Signature,
If 'itraefs,
Sworn before me at this day of
Siguatu-re nl' Police .Yagiat>ctte.
I do solemnly, sincerely and truly declare that the above questions have
been
separately put to me; that the answers thereto Lave been read over to me,
and that they arc the same
that I gave and :we true.
1 do also solemnly, sincerely and truly declare that I will well and
faithfully serve Ifer Majesty, Her
Heirs and successors for the term of five ycal:s as of the Police Force of
7-Iongl:ong, a ml
will observe and IoLey all orders of ller Dlajesty. Her Ileiu. and
Successors, and of all Magistrates and
Vicers set over me.
TFitness,
Declared before me at this day of
.Sigrratrrrr,
.Signatrcnc if !'n1-icr.
[All repealed liar Ordinance O'o. ICE (f'1887 except .sections 17 to 21
iwolrosi-re,.]
'NOTE.-.Pbr General Orders and Regulations of tree 4th August 1862, under
sevi;on 13
see Gazette 6th September 1862,aztd,for Regulatio7asas to Leave
of*Abscuce
of the 26th September 1581, see Gazette 15th October 1881.
Title.
[See ordinance No. 7 of 1871.]
Preamble.
Repeal of No. 12 of 1844.
Police Force established.
To be varied by Governor.
Salaries.
Payment of Force to be voted in annual Estimates.
Agents to enlistmen for the Force. [See Ord. No. 5 of 1863 s. 17.]
Oath of Captain Superintendent.
Captain Superintendent to be a Justice of Peace, in relation to matters Police.
Officers and constables to be examined.
Officers and constables to be engaged for five years.
Bonus at end of five years' service in Force.
Power to renew service in force for further period.
Retiring pensions.
Rules for government and dscipline of Force.
On leaving Force, accountrements to be given up.
Penalty for neglect of duty, or non-delivery of arms on quittng Force.
Captain Superintendent or Magistrate to punish for breaches of discipline.
Penalty for possession of Police appointments, or personating Ploice officer.
Police officer may apprehen persons suspected of being guilty of felony or misdemeanour.
To take bail.
Particulars of recognizance to be entered in book,
And forfeited on non-appearance of defendant.
Police officer not responsible for want of jurisdiction.
General issue may be pleaded and special matter given in evidence.
Victualler harbouring Police officer on duty, on conviction to be fined.
Penalty for assaulting Police officer in execution of duty.
Circumstances in what officer may be allowed to resign, or may be dismissed.
Terms on which any member of Police Force may resign.
Rewards, Badges, and medals may be given for extraordinary services.
Stations and furniture to be provided for Police Force.
Special duty to be performed by Police, on house-holders' application and expense thereof.
Term of service by present Police officers to count in claim for pension.
531
Form of oath.
Form of declaration.
Payment of
Farce- to be voted
in annual Esti.
motes..
ORDINANCE No. 9 of 1862.
Police Force.
Title.
[See ordinance
H2 7 of 1811.]
Preamble.
No. 9 of 1862.
An'Ordinance for the Establishment and Regulation of the Police Force
of the Colony of Hongkong.
[3rd May; 1862.
WHEREAS it is expedient that provision should be made for establishing and
regulating the Police Force for the Colony of Hongkong: Be it enacted by
His Excellency the Governor of Hongkong, with the advice of the
Legislative Council
thereof, as follows:-
Repeal of No.12 1. So much of Ordinance No. 12 of 1841 as has not. been
already repealed, is.
of 1844.
hereby repealed.
Police Force es- , 2, From and after the passing of this Ordinance a
Police Force shall be est.ab=
taVltahed.
fished for the service of this Colony, which shall be commanded by a
Captain Super-
intendent and shall consist of the officers, clerks, interpreters,
subordinate officers, and
privates mentioned in schedule A hereunto annexed.
'robe varied by $, It shall be lawful for His Excellency the Governor from
time to time to in-
Guvertior.
crease or diminish the strength of the Force as may to him appear
expedient.
4. The officers, and others so to be appointed as aforesaid, shall be
paid the
several monthly salaries specified opposite the respective ranks in
schedule A b;jpfore
referred to.
J~. The supply required for the payment of the Police Establishment shall
uo
voted annually as heretofore in the Annual Estimates and Appropriation
Ordinances,
and the ways and means shall be provided as prescribed by Ordinances No.
2 of 184
and No. 3 0£ 1851.
Agents to caller
men for the
Force.
[Yce fled: No. 6 q7
~BGS s. 1..]
Oath of Captain
Superintendent.
8. His Excellency the Governor is hereby empowered to appoint such agents,
with reasonable remuneration for their services, and repayment of
disbursements, as to
him shall seem necessary, for the enlistment in other portions of Her
Majesty's domi-
nions, o£ fit and proper men for service in the Police Force for this
Colony. -
'l. The Captain Superintendent, and Assistant Superintendent shall,
previous to
entering on the duties of their respective offices, take before a Police
Magistrate of
this Colony the following oath:-
I, A.B., do swear that I will bear true allegiance to oar Sovereign Lady
the
Queen, and that I will well and truly serve Her Majesty in the office of
Captain-
' Superintendent of the Police (or, Assistant Superintendent, as the case
may bed
without favour or affection, malice or ill-will, that I will cause Her
Majesty's
Peace to be kept and preserved, and that I .will prevent to the best o£
my power
all offences against the same, and that while I shall continue to hold
the said
office, I will, to tile best of my skill and knowledge, discharge all the
duties
thereof faithfully according to law. So help me God.
Captain Superin. And the Captain Superintendent shall, during his tenure
of the office, have and
tendent to be a
Justice of Peace, exercise all the powers of a Justice of the Peace, with
regard to the Police Force; or
in relation to
matters ofPolice any member or members thereof.
ORDINANCE No. g of 1862.
Police Force.
$. Inspectors and other subordinate officers and constables shall before
appoint- , ofneors and - .
went, be examined by the Captain Superintendent and.Colonial Surgeon, and
having constables to been so examined and approved of, shall go before a
Police Magistrate of the Colony
and answer the questions, and subscribe and take the oath or make the
declaration
contained in the schedule hereto annexed, marked B.
9. Every Inspector or other subordinate officer and constable to be
appointed, Officers. and
constables to be
shall engage and bind himself to serve in the Police Force for the term
of five years, eeaasea fort!ve
during which term he shall not be at liberty to resign his office br to
withdraw himself
from the duties thereof, except as is hereinafter provided.
10. Whenever any inspector, sergeant, or constable of the Police Force
shall be
desirous to leave the Force at the termination of his service of five
years, be shall be
at liberty to do so, upon his giving to the Captain Superintendent three
months' pre-
vious notice of his intention so to do; and he shall be thereupon
entitled to a free
passage from Hongkong to the port nearest to the place at which he may
have been
engaged for service in the Force, or in lieu thereof or in case he shall
have been en-
gaged in Hongkong, he shall be entitled to a sum equal to three months'
pay of the
rank to which at the time he may belong. [Repealed by Ordinances No. 9 of
1868
(disallowed) and by No. 8 of 1869 except as to any right acquired.]
j 11. In case any inspector, sergeant, or constable, who shall have
completed the
period of service for which he had engaged, shall be desirous of
continuing in the
Police Force, he shall be at liberty to engage and bind himself for a
further term of
five years on the same terms and conditions, and in like manner as is
provided by
section 9. [Repealed by Ordinance No. 9 of 1868 which was disallowed.]
12. Whenever any inspector, sergeant or constable shall have completed the
full term of service of ten years in the Police Force, he shall be
entitled in addition to
the bonus or passage money mentioned in section 10, to an annual pension
of fifteen-
sixtieths of the annual pay of his rank, and also for every full and
complete year's
service after ten years, to an addition to the annual pension of
one-sixtieth, in respect
of each additional year of such service; and such pension shall be
computed upon the
amount of the annual pay enjoyed by the person retiring at the time of
his retire-
ment: Provided he shall have been in the receipt of the same for at least
three years;
otherwise the pension shall be calculated upon the average amount of pay
received by
such person for the three years next preceding the commencement of such
pension.
Provided always, that His Excellency the Governor shall and may grant
superannua.
tion allowance or a fixed sum by way of compensation to any inspector,
sergeant, or
constable of the Force, who shall-be disabled for further service by
reason of wounds
or injuries received in the actual execution of his duty. [Repealed by
Ordinances No.
9 of 1868 (disallowed) and by No. 8 of 1869 except as to any right
acquired.]
13. The Captain Superintendent shall from time to time, subject to the
approval nulea:mrgovern-
of His Excellency the Governor, frame such orders and regulations as he
shall deem cinljneyof6ee.:
expedient for the general government and discipline of the Police Force.
nouns tit enA of
five years aer-
riec III Force.
J1G1Ypr to TCIICw
sorvic^ in'force
to], tUrthcr
Jlerlocl.
Retiring pen.,
sinus.
ORDINANCE No. 9 of 1862.
Police Force.
onlebvingForee, - 14. Whenever any inspector, sergeant or constable of
the Force shall resign the
Accoutremenks
to he gsven nn. service, or shall cease to hold and exercise his office,
all bower and authority vested in
him by virtue thereof, shall forthwith cease and determine to all
intents and purposes
whatever; and every such officer shall deliver over all and every the
arms, ammuni-
tion, horses, accoutrements, and other appointments whatsoever which
shall have been
supplied to him in such capacity, to the person and at the time and place
to be ap-
pointed by the Captain Superintendent; and it shall be lawful for any
Justice of the
Peace to issue his warrant to search for and seize arms, ammunition,
horses, accou-
trernents and other appointments whatsoever which shall not be so
delivered over,
wheresoever the same shall be found.
Penalty for ne-
glect of duty, or
non-delivet;v of
.airms on qttik-
tig roree.
15. Whenever any inspector, sergeant or constable of the torte shall` be
guilty
of any neglect or violation of duty in his office, or shall neglect or
refuse to obey or
execute any warrant lawfully directed to be by him executed, or shall be
guilty of any
disobedience to the orders and regulations framed by the Captain
Superintendent, or
any other misconduct as an officer of the Police Force or as a constable,
or who having
duly engaged and bound himself to serve in the Force shall desert
therefrom, or who
being permitted to resign shall not upon ceasing to belong to the Forte
deliver up all
arms, accoutrements and appointments whatsoever entrusted to him for tile
perform-
ance of his duty, he shall, upon conviction thereof before a Police
Magistrate in a
summary n)anner, forfeit and pay a sum not exceeding two hundred dollars,
and in
default of payment thereof, be imprisoned in any gaol of this Colony with
or without
hard labour, for any term not exceeding six months; and every offender
shall forfeit
all pay during leis imprisonment.
16. The Captain Superintendent shall, in cases of breach of discipline or
neglect
of duty by any officer or constable of the Force, upon proof thereof to
leis satisfaction,
have power to order the offender to forfeit and pay a sum slot exceeding
twenty-five
dollars, or award imprisonment for any term not exceedin; seven days with
forfeiture
of pay; or, in his discretion, the Captain Superintending may bring the
offender before
a Police Magistrate who shall have power to award imprisonment for any
term not
exceeding fourteen days with or without hard labour, together with
forfeiture of all pay
during'sucli imprisonment.
17. If any person not being a member of the Police torte shall
have in his possession any arms, accoutrements or appointments supplied
to any officer of the torte, and shall not be able satisfactorily to
account
for his possession thereof; or shall put on or assume the dregs, naTxie,
designation or description of an officer of the Force or of a constable,
every such person so offending shall, in addition to any other punishment
to which he may be liable for such offence, forfeit and pay for every
such.
offence any sum not exceeding tern hundred dollars, to be recovered in a
summary manner before any Police 11!Lanistrate.
Captain Snl7erin-
tendent or Vtn-
*sistrnto to pun-
ish for breaches
.ttY discildine.
T'ellttl.ty for
possession o£
Police ap-
poilltments,
or pexsonn-
tinl~ Police
.)t>ieer.
ORDINANCE- .No. -9` of 1362.
Police Force.
18. It shall be lawful for any officer or constable of the Police
Force to apprehend any person who shall be charged with, or whom he
shall reasonably suspect of being guilty of any felony or misdemeanour
without any warrant for that purpose, and whether he shall have seen
such felony or misdemeanour committed or not, and whenever any person
so apprehended shall be brought without warrant to the officer in charge
of any Police Station, it shall be lawful for such last mentioned officer,
in a case of misdemeanour, if he shall deem it proper so to do, and if no
Magistrate shall be in attendance at his office, to take bail by
recognizance
with or without sureties in a sufficient sum zNvithout fee or reward from
such person, conditioned that such person shall appear for examination
before a Alagistrate at some place to be specified in the recognizance,
being the earliest time then next after when a Magistrate shall be in
attendance at his office ; and every recognizance so taken shall be of
equal obligation on the parties entering into tile same and liable to the
carne proceedings for estreatina thereof, as if the same had been taken
before a-_VIag,istrate ; and the respective names, residences and
occupations
(the person so apprehended, and his surety or sureties, if any, entering
into such recognizance, together with the condition thereof and the sums
respectively acknowledged, shall be entered in a book to be kept for that
purpose, which shall be laid before the Magistrate, before whom the
person apprehended is to appear ; and if he do not appear when called
upon at the time and place mentioned in such recognizance, the Magis-
trate shall forthwith estreat the recognizance : Provide([ that, if the
person apprehended shall appear and shall make application for a post-
ponement of the hearing of the charge against him, the Magistrate may,
if he see fit to grant such application, enlarge the recognizance to such
further time as he may think proper, and when the matter shall have
been heard and determined, such recognizance shall be discharged without
fee or reward.
19. In case any action shall be brought against any officer or constable
of the Police Force for any act done in obedience to the warrant of any
Magistrate, the officer or constable shall not be responsible for any
irreg~i-
larity in the issuing of the warrant or for any want of jurisdiction in
the
Magistrate issuing the same, and the officer or constable may plead the
general.issue and give such warrant in evidence; and upon producing
such warrant and proving that the signature thereto is the handwriting
of a person reputed to be a Magistrate, and that the act was done in'
Police officer
may appre-
hend persons
suspected of
being guiltg
of felony or
misdatlleall- ,
0111'.
To take bar t.
Particular', of
recognizance
io be enterel
in book,
And -forfeited
on non-
appearance
of defendant.
Police officer
not re8poll-
sible for want
of jurisdic-
tion.
General issue.
may be
pleaded and
special matter
given in
evidence.
'I'ernts nn Which
any member of
Police 1'crce nny
resign.
ORDINANCE No,. 9 of 1862.
Police Ri-ce.
obedience to such warrant, the jury or Court before whom the action is
tried, shall find a verdict for the defendant who shall also recover
double
his costs of suit.
Victualler 20. If any victualler or keeper of any house; shop, room or
other
harbouring er place for the sale of any liquors whether spirituous or
otherwise, shall
.on duty, on
conviction knowingly harbour or entertain any man belonging; to the Police
Force,
to be fined.
or permit him to abide or remain in his house, or on other his premises
during any part of the time appointed for his being on duty, every such
-victualler or keeper, being convicted ~hcreofbefore any Magistrate, shall
for each offence forfeit and pay such sum not exceeding one hundred
dollars together with costs, to be recovered in a summary manner as the
said Magistrate shall direct, and in default of payment shall be liable,
if
no sufficient distress can be found, to be imprisoned for any term not
exceeding three months. [ 'Six months with or without hard laGour ' as
mrrended by Ordinance No. 9 of 18G7.]
Penalty foe 21. If any person shall assault or resist any member of the
Police
.sssau~ltln `
Police officer force, acting in the execution of his duty, or shall aid or
incite, ~any
in execution 4 duty. , person so to assault or resist, or shall refuse to
assist any officer
constable in the elocution of his duty when called upon so to do, every
such offender being thereof convicted before any Magistrate, shall for
every such offence forfeit and pay such sum, not exceeding two hundred
dollars, together with costs, to be recovered in a summary lnauner, as
the said Magistrate in his discretion may order, and in default of payment
shall be liable, if no sufficient distress can be found, to be imprisoned
for
any term not exceeding three months. ['Six months with or without hard
labour ' as amended by Ordinance No. 9 of 1867. ]
ctrennscancee 22. Notwithstanding anything herein to the contrary, His
Excellency the Gov-'
;n which officer
'May be allowed ernor shall have power to grant permission to resign, to
any inspector, sergeant or
be riiRms'ge~1n'n' constable of the Force who may become unfit for
further service from ill-health on the
certificate of the Colonial Surgeon to that effect being produced, or in
any special cases
brought to His Excellency's notice by the Captain Superintendent, His
Excellency the
Governor shall have power to grant to any such officer permission to
resign or to dis-
miss any such officer.
23. Any inspector, sergeant or constable of the Police Force shall be
entitled to
claim his discharge at any time during the period of his first or second
enlistment of
fire years, upon his giving to the Captain Superintendent three months'
notice of his
wish to withdraw, and paying a sum equivalent to two mouths pay of the
rank he may
hold at the time of his giving notiee,of withdrawal for each unexpired
year of his team,
of enlistment. -
ORDINANCE - N'o. 9 OF 1862.
Police Force.
24. His Excellency the Governor is hereby empowered to grant rewards to
any
.officers or constables of the Police Force who shall distinguish
themselves by extraor-
'-Binary diligence, zeal or exertion in the execution of their duties,
and the Captain Su-
perintendent shall report to His Excellency any such officer who shall so
distinguish
himself, stating the nature of the service; and His Excellency the
Governor shall have
power to grant distinctive badges and medals to such officers of the
Police Force for
long and faithful or extraordinary services.
25. His Excellency the Governor is empowered to direct suitable stations
for
the quarters and accommodation of the Police Force, and furniture
suitable for the
.same, to be provided, and to direct the erection, fitting up and
furnishing of suitable
premises as a place or places for instructing, training and drilling the
Police Force as
occasion may require.
2$. His Excellency the Governor is hereby empowered, if he shall think
fit on
the application of any householder, to appoint any member of the Police
Force to do
special duty in and upon the premises of the applicant; and every
householder who
shall so avail himself of the services of any constable of the Police
Force, shall pay to
the Captain Superintendent of the Police Force for the same at the rate
of two-thirds
-of the pay and allowance of such constable; and all sums which shall be
received by
the Captain Superintendent for such special services, shall be paid by
him into the
Colonial 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 a summary manner by the Captain Superintendent.
2'7. All officers and constables now serving and who have been
contributing to 'form of sert'ico
by present Police
the Police Superannuation FFund, shall be entitled to reckon their past
services as part ''a`'°''~ t° °°''r
f ix clxlm for
of the period of ten years required to establish a claim to pension, as
hereinbefore 1'''''''
provided.
Reveur.Ls, lxtiges,
811Q modals 11rty
Le glren for ex-
rtmnrdiwny ser-
1'$eC3.
Uxtiott:r xttd fxr-
xitxrH W lm lrro-
vitlwl for 1'olir o
Force.
Slnccixl Qtttp to
ho ycrtlwmcrl by
I'olico, On Itnuwe-
LolQOrs' xlrplirx-
tion xarl expense
tJte.reor.
SCI3EDULE A.
SCHEDULE ON THE ESTABLISHMENT OF THE POLICE FORCE OF HONGKONG.
European Force.
Per Annum.
............ a300.00
............ , M0.00
1~Clerk and Accountant, 200.00
G Inspectors of Police (ltc-
~gular Duties), .... 4first class 441'r 5.00 each per annum,
average pay 150.00 each 3 second ., 160.00 ! 1,650
kets, InspectorsofPolice(Mar-~ i 4third
, Nuisances &c.),
1 Store and Barrack Serjeant, 100.00 ...... 100
(1 first class X100.00 perannum,
90.OOeaeh j 2 second `360
1 Captain Superintendent,
1 Assistant do.,
800
350
200
4 Serjeants average pay
f Acting Serjeants,
40 Constables, .... .....
1 third
2 first
77.10 .. ~ 2 second
2 third
13 first
1 4second
13 third
80.00
80.00
77.10
76,00
70.00
66.00
60.00
2,600
ORDINANCE No. 9 OF 1862.
Police Force.
Indian.Force. ,
Per Annum.
7 Scrjeant Major, k 60.00 ...... £ 60
1 Interpreter of Indian Languages, -. 55.00
3 first class Z,,' 55.00 each per annum..
8 Scrjeants, average pay 50.00 each 2 second 400-
3 third ,.
4 first 42.10 .,
12 Acting Serjeants, . 480
4 third 37.10 ,
116 first ,. 1
3:50 Constables . .................. 32.10 11,375
116 third
312 ;C 12,370
Inclusive of 8s. 4d, per month each man allowance for rations.
Should rations be issued in kitrd, a, corresponding deduction from the
pay will be made.
Chinese Force.
Per Annum.
1 Interpreter, A, 80.00
12 Scrjcant Interpreters, average pay 40.00 each
3 Serjcants, Water Police,. . 11 30.00
R feting 8erjcauts,1Vater Police,
:)0' Consta.blea, Witter Police,
651 Total Force of all hanks.
25.00
Additional pad for extra nr .paci.aL qerviees aixd rLrstiae,
4 first class:U2.10cacliperannum,
4 second 40.00
4 third 37.10
1 first ,. 32.10
., 1. second 30.00
1 third 27.10
3 first 27.10
2 second 25.00
3 third 22.10
30 first 20.00
30 second 18.10
30 third 17.00
480
2 Drill Serjeants, ........... t7.10 per annum, each .E1G.00
24.001 .. £ lit
24.00 )
.
4 Constables, charge of Fire EnKiues, 6.(10
8 Constables, :Drummers and Fifers, ., 6.00
4 Constables, Indian Interpreters, 6.00
:3 horse Coolies, and 3 Station Coolies at average pay of each ;g15 per
annum,
Total ~C21,611
SCHEDULE B.
Questions to be put separately by the Police Magistrate to a person
engaging or enlisting into the-
service of the Police Force of Hongkong,.
1. What is your name.
2. In what place were you born.
3. What is your trade or calling.
4. Are you married.
5. Are you ruptured or lame? have yon ever been subject to fits or have
you any disability or disorder
which impedes the free use of your limbs or unfits you for ordinary labor.
6: Do yon belong to the Army or Navy or Militia.
7. Have you ever served in the Army or Navy, Militia or Volunteers.
$, Are you willing to serve in the Police of Hongkong for the term of
five years from the date hereof.-
No. 9 of 1862.
Police Force.
I do make oath that the above questions have been separately put to me;
flat For- of nnu4
the answers thereto have been read over to me, and that they are the same
that I gave and are take.
I do also make oath that I will well and faithfully serve Her Majesty,
Her Heirs and Successors for
the term of five years as of the Police Force of Hongkong, and will
observe and obey
:'Ill orders of Her Majesty, Her Heirs and Successors, and of all
Magistrates antl Officers set over me.
So help me God.
Civil Pensions.
Signature,
If 'itraefs,
Sworn before me at this day of
Siguatu-re nl' Police .Yagiat>ctte.
I do solemnly, sincerely and truly declare that the above questions have
been
separately put to me; that the answers thereto Lave been read over to me,
and that they arc the same
that I gave and :we true.
1 do also solemnly, sincerely and truly declare that I will well and
faithfully serve Ifer Majesty, Her
Heirs and successors for the term of five ycal:s as of the Police Force of
7-Iongl:ong, a ml
will observe and IoLey all orders of ller Dlajesty. Her Ileiu. and
Successors, and of all Magistrates and
Vicers set over me.
TFitness,
Declared before me at this day of
.Sigrratrrrr,
.Signatrcnc if !'n1-icr.
[All repealed liar Ordinance O'o. ICE (f'1887 except .sections 17 to 21
iwolrosi-re,.]
'NOTE.-.Pbr General Orders and Regulations of tree 4th August 1862, under
sevi;on 13
see Gazette 6th September 1862,aztd,for Regulatio7asas to Leave
of*Abscuce
of the 26th September 1581, see Gazette 15th October 1881.
Title.
[See ordinance No. 7 of 1871.]
Preamble.
Repeal of No. 12 of 1844.
Police Force established.
To be varied by Governor.
Salaries.
Payment of Force to be voted in annual Estimates.
Agents to enlistmen for the Force. [See Ord. No. 5 of 1863 s. 17.]
Oath of Captain Superintendent.
Captain Superintendent to be a Justice of Peace, in relation to matters Police.
Officers and constables to be examined.
Officers and constables to be engaged for five years.
Bonus at end of five years' service in Force.
Power to renew service in force for further period.
Retiring pensions.
Rules for government and dscipline of Force.
On leaving Force, accountrements to be given up.
Penalty for neglect of duty, or non-delivery of arms on quittng Force.
Captain Superintendent or Magistrate to punish for breaches of discipline.
Penalty for possession of Police appointments, or personating Ploice officer.
Police officer may apprehen persons suspected of being guilty of felony or misdemeanour.
To take bail.
Particulars of recognizance to be entered in book,
And forfeited on non-appearance of defendant.
Police officer not responsible for want of jurisdiction.
General issue may be pleaded and special matter given in evidence.
Victualler harbouring Police officer on duty, on conviction to be fined.
Penalty for assaulting Police officer in execution of duty.
Circumstances in what officer may be allowed to resign, or may be dismissed.
Terms on which any member of Police Force may resign.
Rewards, Badges, and medals may be given for extraordinary services.
Stations and furniture to be provided for Police Force.
Special duty to be performed by Police, on house-holders' application and expense thereof.
Term of service by present Police officers to count in claim for pension.
531
Form of oath.
Form of declaration.
Abstract
Title.
[See ordinance No. 7 of 1871.]
Preamble.
Repeal of No. 12 of 1844.
Police Force established.
To be varied by Governor.
Salaries.
Payment of Force to be voted in annual Estimates.
Agents to enlistmen for the Force. [See Ord. No. 5 of 1863 s. 17.]
Oath of Captain Superintendent.
Captain Superintendent to be a Justice of Peace, in relation to matters Police.
Officers and constables to be examined.
Officers and constables to be engaged for five years.
Bonus at end of five years' service in Force.
Power to renew service in force for further period.
Retiring pensions.
Rules for government and dscipline of Force.
On leaving Force, accountrements to be given up.
Penalty for neglect of duty, or non-delivery of arms on quittng Force.
Captain Superintendent or Magistrate to punish for breaches of discipline.
Penalty for possession of Police appointments, or personating Ploice officer.
Police officer may apprehen persons suspected of being guilty of felony or misdemeanour.
To take bail.
Particulars of recognizance to be entered in book,
And forfeited on non-appearance of defendant.
Police officer not responsible for want of jurisdiction.
General issue may be pleaded and special matter given in evidence.
Victualler harbouring Police officer on duty, on conviction to be fined.
Penalty for assaulting Police officer in execution of duty.
Circumstances in what officer may be allowed to resign, or may be dismissed.
Terms on which any member of Police Force may resign.
Rewards, Badges, and medals may be given for extraordinary services.
Stations and furniture to be provided for Police Force.
Special duty to be performed by Police, on house-holders' application and expense thereof.
Term of service by present Police officers to count in claim for pension.
531
Form of oath.
Form of declaration.
[See ordinance No. 7 of 1871.]
Preamble.
Repeal of No. 12 of 1844.
Police Force established.
To be varied by Governor.
Salaries.
Payment of Force to be voted in annual Estimates.
Agents to enlistmen for the Force. [See Ord. No. 5 of 1863 s. 17.]
Oath of Captain Superintendent.
Captain Superintendent to be a Justice of Peace, in relation to matters Police.
Officers and constables to be examined.
Officers and constables to be engaged for five years.
Bonus at end of five years' service in Force.
Power to renew service in force for further period.
Retiring pensions.
Rules for government and dscipline of Force.
On leaving Force, accountrements to be given up.
Penalty for neglect of duty, or non-delivery of arms on quittng Force.
Captain Superintendent or Magistrate to punish for breaches of discipline.
Penalty for possession of Police appointments, or personating Ploice officer.
Police officer may apprehen persons suspected of being guilty of felony or misdemeanour.
To take bail.
Particulars of recognizance to be entered in book,
And forfeited on non-appearance of defendant.
Police officer not responsible for want of jurisdiction.
General issue may be pleaded and special matter given in evidence.
Victualler harbouring Police officer on duty, on conviction to be fined.
Penalty for assaulting Police officer in execution of duty.
Circumstances in what officer may be allowed to resign, or may be dismissed.
Terms on which any member of Police Force may resign.
Rewards, Badges, and medals may be given for extraordinary services.
Stations and furniture to be provided for Police Force.
Special duty to be performed by Police, on house-holders' application and expense thereof.
Term of service by present Police officers to count in claim for pension.
531
Form of oath.
Form of declaration.
Identifier
https://oelawhk.lib.hku.hk/items/show/173
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 9 of 1862
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“POLICE FORCE ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 1, 2025, https://oelawhk.lib.hku.hk/items/show/173.
