ESSENTIAL SERVICES CORPS (GENERAL) REGULATIONS

ESSENTIAL SERVICES CORPS (GENERAL) REGULATIONS

ESSENTIAL SERVICES CORPS.

Subsidiary legislation under this Chapter, with subse-
quent ~i,~iLendments (if any) incorporated, is set out as
follows-
....................................Page
Essential Services Corps (General) Regulations 414
Essential Services (Auxiliary Fire Service) Corps
. Regulations ....................... ... ... ... 424
Essential Services (Auxiliary Medical Services)
Corps Regulations .................. ... ... 426

ESSENTIAL SERVICES CORPS (GENERAL)
REGULATIONS.

(Cap. 197, section 7).
(Ordinance No. 5, Of 1949).

[6th January, 1950.]

1. These regulations may be cited as the Essential
Services Corps (General) Regulations.

2. In these regulations-
'Commissioner' means the person appointed to be Corn-
missioner of the Essential Services Corps under
regulation 3 ;
'Corps' means the Essential Services Corps;
'Corps Pay Code- means the British Pay Code and the
British Pensions Code ~pplicable to the Army as existing
on the first day of January, 1949 : Provided that in
giving effect to this interpretation-
(a)all members of the Corps shall bc deemed to be
locally domiciled;
(b)the grades of members of the Corps shall be deemed
to correspond to ranks in the Army in manner
specified in the First Schedule;
(gemergency' means any occasion upon which all or any
part of the Corps is called out for actual service
in accordance with regulation 17 ;





(equipment' means clothing, armlets, badges, steel
helmets and other appointments being the property of
the Government issued to a member of the Corps;
99essential service' means any service declared to be an
essential service in accordance with the provisions of
section 3 of the Ordinance;
'grade' means a grade to which a member is assigned
under regulation 7 ;
;,instruction' nic~iis a Period of attendance of less than 24
1101Ars' duration at time and place specified by the
Commissioner or a Unit Controller;
1Inieniber of (lie Corps' orineans (lie Commis-
sioner and every person who has enrolled in the Corps
and whose enrolnient has riot been cancelled.,
'Ordin,-.tiice' nicans the Essential Services Corps Ordinance;
'Li-aiiiiiig' iTicans a' period of consecutive attendance of not
less than 24 hours' duration at tirne and place specified
by the Coin m ission er or a Unit Controller;
'Unit' and 'Sub-Unit' mean a sub-division of the Corps
constituted under regulation 8;
'Unit Controllei` or 'Stib-Unit Controller' means a
member of the Corps for-the time being entrusted with
the control of a Unit or Sub-Unit of the Corps tinder
regulation 9.

3. (1) The Corps shall be under the control and
administration of a Commissioner appointed by the Governor
by notice in the Gazette.

(2) For the purposes of such control and administration
Ihe Commissioner rnay-
(a)issue orders as lie may think fit for the general
direction of the Unit or Sub-Units and for routine
duties of the Corps;
(b)assign any member of the Corps, other than a Unit
Controller or Sub-Unit Controller, to any Unit or
Sub-Unit in 'the Corps for any essential service for
which his medical classification and his abilities and
qualifications fit him.

4. (1) Application may be made to the Commissioner
for enrolment as a member of the Corps by any person of
either sex being over the age of sixteen years.





(2) Application shall be made upon completion of a
form provided by the Commissioner.

(3) The Commissioner may in his discretion accept )r
reject any such application.

(4) Upon acceptance of such application an applicait
shall be required to sign a declaration in Form 1 of the
Second Schedule.

(5) Upon such declaration being made an applicant
shall thereupon be enrolled and become a member of the
Corps and a certificate of enrolment in Form 11 of the
Second Schedule shall be signed by the Commissioner and
supplied to the applicant.

5. (1) On enrolment, every member shall be
requested to submit to a medical examination. Every
member so examined shall be classified in one of the follow-
ing categories-
Category W Fit for any type of work.
YY 'B' Fit for light active work.
'C,' Fit for sedentary work combined
with a little active work.
'D' Fit for sedentary work only.

(2) A member who agrees to undergo medical
examination shall be required to sign a statement in Form
Ill of the Second Schedule.

(3) A member who declines to undergo medical
examination, when requested so to do, shall be required to
sign a statement in Form IV of the Second Schedule.

(4) A member who, having agreed to undergo medical
examination fails to pass such examination but continues
to be a member shall be required to sign a statement in 17orm
V of the Second Schedule.

6. The members of the Corps shall be constituted in
six grades ranging from Grade I upwards to Grade VI,
appropriate to the relative degrees of responsibility assumed
or the technical or professional ability required of members
in the performance of the duties assigned to them within
the Corps.





7. (1) The Commissioner shall be a member in Grade
VI of the, Corps.

(2) The Cf--)ininissioi-ier shall assign each other member
to one of the six grades and shall li,,i,,,,e the authority to
transfer members from one grade to another.

8. The Corps shall consist of such Units and * Sub-
Units as inav from litne to lime be foi-ni..,(.1 by the Con]-
missioner.

9. (1) The organization and control of Units and Sub-
Units shall be conducted by Unit arid Sub-Unit Controilers.

(2) Unit and Sub-1Unit Controllers may be appointed
by the (,overn(-~i- front members of the Corps upon the
nomination of the Comi-nissioner.

(3) It shall be the duty of a Unit Controller or Sub-
Unit Controller to supervise and control all duties performed
by the Unit or Sub-Unit under his control and to keep
proper record of all members of the Corps and equipment
appertaining to his Unit or Sub-Unit. For such purposes a
Unit Controller or Sub-Unit Controller may-
(a)issue orders as he may think fit for the direction
of the duties to be perfornied by such Unit or Sub-
Unit;
(b)assign any triernber of ]lis Unit or Sub-Unit to any
duty required to be perfori-ned by the Unit or Sub-
Unit, for which duties the medical classification of
the member and his abilities and qualifications fit
him ;
(c)organize the training of such members as volun-
teer therefor in the duties v~,Iiicli they may be called
upon to perForin.

10. (1) A Unit or Sub-Unit Controller shall report to
the Commissioner any change of particulars provided on
enrolment or his intention to be abs-nt froni the Colony for
any period exceeding seven days ot- any illness of a nature
preventing the performance of actual service.

(2) Any other meniber of the Corps shall report to his
Unit ol- Sul)-Udit Controller any change of particulars
provided upon enrolment ol- ]lis intention to be. absent from





the Colony for any period exceeding seven days or any
illness of a nature preventing tht. performance of actual
service.

11. (1) A member of the Corps may b~ supplied with
such equipment as the Commissioner may deern necessary
for the performance of duties by such member. Any equip-
ment so supplied. shall reniain the proper(y Of the
ment and shali he returned to the Commissioner in oood
order (fair wear and tear only excepted)-
(a) upon Lbe member ceasing to be a inelliber ()i, ille
.Corps;, or
(b)upon the member being called upon so to do by the
Cornmissioner.

(2) If any member, without justifiable reason, fails to
surrender such equipment when required so to do, the valLIC
thereof sriall be recoverable from such ineinber ])v the
Commissioner from any pay or allo~vance. payable t o the
member or as n civil debt.

12. It shall be the duty of every member of the Corps-
(a)at any time, to comply with the lawful directions
of the Con-in-iissioner and the Controller of the Unit
or Sub-Unit to which he is appointed;
(17) to keepequipment in good and serviceable
order;
(c)to return equiprrient to the Commissioner upon
ceasing to be a meniber of the Corps or whenever
called upon so to do by the Cominissiones. or Linit
or Sub-Unit Controller.

13. (f) A member of the Corps (other than a Linit
Controller or Sub-Unit Controller) may, except during .In
emergency, resign membership of the Corps upon-
(a)giving to the Commissioner seven days' notice in
writing of his intention to resign from the Corps;
(b) delivering. up in good order (fair wear and tear only
,excepted) all equipment; and
(c)paying any moneys payable by him in accordance
with these regulations or any other regulations made
under section 7 of the Ordinance.





(2). A Unit Controller ol. Sub-Unit Controller, may,
except during. ~in emergency, resign membership of the
Corps upon-
(a)giving to the Commissioner thirty days' notice ill
writing of his intention to resign froill the Col-PS;
(b)delivering up in good order (fair wear and tear only
excepted) all equipment; and
(c) paying an.Y nioney payable. bv hirn ill accordanct.
witli these regulations ol- ill ' v regulations iii~td(..
under section -, of the Ordinance.

14. The Governor may oil the recommendation of the
Corn missioner terminate the ippointment of a Unit or Sub-
Unit Controller and discharge such a inerinber from the
Col-PS.

15. (1) The Commissioner, who shall he the sole Judge
of the sufficiency of the cause, may, on the recommendation
of the appropriate Unit or Sub-Unii Controller, discharge
from the Corps ails, nicinber other thin a Unit or Sul)-Unit
Controller.

(2) Any rrieniber who feels aggrieved by such discharge
may appeal to the Governor and [lie Governor may wncel
ol- confirni such discharge or give such ollier directions with
reference thereto as lie may decin fit and such detci-iiiiii,,ilioii
shall be binding on all persons.

16. (1) Upon the death of a rnembel- or the resignallon
or discharge of a nien-iber from membership of the Corps
the Commisslowr sliall cause the enrolment of such rnernber
to be cancelled.

(2) Ill the case of the resignation or discharge of a
member a certificate of cancellation ill Form VI of the
Second Schedule sliill be signed bY the Commissioner and

17. (1) Oil an ' v occasion upon which the Governor may
consider ilhat enier ' gency so requires the Governor may by
Order published in the Gazette, call out for actual service
all or any part of the Corps.





(2) A rly mernber so called oil( sliall be boutid to attelld
at such places and perform such duties as may be assigned
to him by the Commissioner or a Unit or Sub-11rlit
Controller.

(3) Any member so called out shall be deerried to be
engaged on actual service frorn the tinie at which lie reports
at the place assigned 1) ' s, the Coninlissioller or b\' a [!lilt or
Sub-Unit Controller.

(4 ) A member who has been called out shall remain on
actual service mitil an Order of (heIs jila(le alld
notified by publication in the Gazette declaring the period
of actual service of the Corps, ol- of the. part of the Corps to
which such meniber belongs to be at an end.

(5' Notwithstanding the provisions of paragraph (4) Of
this regulation it shall be 1,1WfLil for the Corni-nissioner,
although notification as provided by, paragraph (4) 1 s 1
been made, to direct any rrieniber of the Corps that lie is no
longer.required to rciii,,.iin on actual service. On receipt of
such direction, which shall be made in Form VII of the
Second Schedule, such ri-iernber shall, for all purposes, be
deemed to cease to be on actual service in like niamier as if
notification as provided by paragraph (4) had been made.

.(6) A. mernber who has been so called out and who has
reported for duty in accordaiwe with pnt-.igi-apli (2), may,
if the exigencies of duty permit and good reason- is shown,
be granied leave at the discretion Of tile G(.)111111issl(tlel, (1,
a Unit or Sub-Unit Controller to attend to private affairs
subject to immediate re-call. When such leave is granted
and taken the Commissioner (notwithstanding. the provisions
of paragraph W) may in writing direct-
(a)that during any such period of leave a rneinber shall
be deemed not to be on actual service ; ol-
(b)that appropriate deduclion be made in respect of
arty such period of leave. from any pay or
payable to SLICII member.

18. A member of the Corps when called out for actual
service or under trainine, shall receive pay appropriate to his
grade at the rate prescribed in the Corps Pa), ~ocle and
in addition shall receive a cost of living allowance at the
percentage rate appropriate to a Government servant dl-~t~vin(,
b





equi.\,al(..iit pay as basic salary subject nevertheless to a
minimum rate to be fixed by the Governor : Provided that,
for the purpose of calculating such cost of living allowance
basic salaxy shall relate to pay of the mernher as a single
and not as a married person.

19. A member ol' the Corps when called out for actual
service shall be entitled to free rations as supplied by the
Corps.

20. A member of the Corps who, when called out for
actual service or in training or ulider instructioi s st il
a wound or injur or contracts all illness, which, in the
opinion of a medical officer is attributable to or aggravated
by such service, shall be granted free- hospital and medical
treatment in Government hospitals and during the period
of such treatment and until cancellation of the enrolment of
such member shall recelve full pay and allowances payable
to such mernber.

21. Pension, gratuity or allowance in respect of death
ot. disability sustained by a niernber when callcd out for
actual service or in training or under instructi-on which is
attributable to or aggravated by such service shall be payable
to the like extent and subject to the same conditions as are
specified i il section .6 of. the liong Kong Defence Force
Ordinance, which section shall be deemed to form a part
of these regulations subject to the adaptations and modifica-
tions contained in the Third Schedule.

FIRST SCHEDULE. [ r. 2.1

CORPS PAY CODE.

Correspondence of grades of members of the
Corps to ranks in the Army.

Grade 1 Private.
Grade II Corporal.
Grade III StafT Sergeant.
Grade IV Lieutenant.
Grade V Captain.
Grade VI Major.





SECOND SCHEDULE.

FORM 1. 4.]

Declaration of Applicant upon acceptance
for membership.

I . ..................do hereby declare that
1 will serve with the Essential Services Corps whenever and in
whatever capacity I am called upon to do so in accordance with the
provisions of the Essential Services Corps Ordinance (Chapter 197
of the Revised Edition), and regulations made thereunder.

......................................
Signature of Member.

...
Date.

FORm II. [r. 4.1

Certificate of Enrolment.

1 certify that .....................................................................
has this day been enrolled as a member of the Essential Services
Corps.

......................
Commissioner, Essential
Services Corps,
llong Kong.

Date ..........19

FORm 111. 5.]

Declaration of agreement to undergo Medical Examination.

I . ......................do hereby declare
that 1 will submit myself to medical examination when requested
so to do by the Commissioner, Essential Services Corps.

....................................... .................................... 1
Signature of Witness. Signature of Member,

................
Date. Date.





FORm IV. [r. 5.1

Declaration of member declining Medical Examination.

I . ......................do not desire to
undergo medical examination. I understand that in the event o
application by me for disability pension or of application by my wife
child or other dependant for pension or allowance on the ground
that my death is due to injury or illness attributable to or aggravated
by my service in the Corps, a Medical Board may report that it i
unable to make recommendation because of the absence of informa
tion regarding my medical condition prior to enrolment or being,
called out for actual service.

................
Signature of Witness. Signature of Member.

................
Date. Date.

FORM Y. 5.]

Declaration of Member who has hot passed the
Medical Examination.

I ................................................................................. ...........................
understand that in the event of application by me for disability
pension, or of application by my wife, child or other dependant for
pension or allowance on the grounds that my death was due to illness
attributable to or aggravated by my service in the Corps, a Medical
Board may report that it is unable to make recommendation because
of my medical condition prior to being called out for actual service.

................ ......1
Signature of Witness. Signature of

................................................
Date. Date.

FORM VI. [r. 16.1

Certificate of cancellation of enrolment.

1 certify that the enrolment of ..........................................
as a merfiber of the Essential Services Corps has been cancelled with
effect from.the ............ day of ............................ 19

................. .....................
Commissioner, Essential
Services Corps,
Hong Kong.
Date......................................... 1-9





FoRm VII. 17.1

Direction by Commissioner to terminate actual
service of inember of the Corps.

I hereby direct that ............................................................
is no longer required to remain on actual service pursuant to the
Order of the Governor made under regulation 17 of the Essential
Services Corps (General) Regulations and published in the Gazette
as G. N. No. A. 2 of 1950.

............. 1
Commissioner, Essential
Services Corps,
Hong Kong.

Date ........................................ 19

THIRD SCHEDULE [r. 21.]

Adaptations and Modifications.

(a) 'Commissioner' shall be substituted for 'Commandant';
(b)'Corps Pay Code' shall be substituted for 'Force Pay
Code';
(c) 'Governor' shall be substituted for 'Governor in Council';
(d) 'grade' shall be substituted for 'rank';
(e)'member of the Corps' shall be substituted for 'officer or
volunteer'.

ESSENTIAL SERVICES (AUXILIARY FIRE SERVICE)
CORPS REGULATIONS.

(Cap. 197, sectiOn 7).
(Ordinance No. 51 Of 1949).

[3rd November, i05o.]

1. These regulations rnay be cited as the Essential
Services (Auxiliary Fire Service) Corps Regulations, and
shall be read as one with the Essential Sen,Ices Corps
(General) Regulations, hereinafter referred to as the principal
regulations.
G.N.A. 2/50. G.N.A. 164/50. Citation Interpretation. (Cap. 197.) Appointment of Commissioner. Powers. Enrolment. [r. 4 cont.] Medical examination of members of the Corps. G.N.A. 164/50. Grading of members of the Corps. Grading of members. Formation of Units and Sub-Units. Appointment of Unit and Sub-Unit Controllers. Duties and powers. [cf. G.N.A. 242/50]. Absence from the Colony and change of address. [r. 10 cont.] Equipment. Duties of members of the Corps. Resignation from membership of Corps. Termination of Appointment of Unit Controller, and discharge. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50]. Discharge from membership of the Corps. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50] Cancellation of enrolment. Calling out for actual service. [r. 17 cont.] Pay and allowances. Rations. Medical attention. Pensions. Disabled members. Widows. (Cap. 199.) G.N.A. 164/50. G.N.A. 242/50. Citation. G.N.A. 2/50.

G.N.A. 2/50. G.N.A. 164/50. Citation Interpretation. (Cap. 197.) Appointment of Commissioner. Powers. Enrolment. [r. 4 cont.] Medical examination of members of the Corps. G.N.A. 164/50. Grading of members of the Corps. Grading of members. Formation of Units and Sub-Units. Appointment of Unit and Sub-Unit Controllers. Duties and powers. [cf. G.N.A. 242/50]. Absence from the Colony and change of address. [r. 10 cont.] Equipment. Duties of members of the Corps. Resignation from membership of Corps. Termination of Appointment of Unit Controller, and discharge. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50]. Discharge from membership of the Corps. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50] Cancellation of enrolment. Calling out for actual service. [r. 17 cont.] Pay and allowances. Rations. Medical attention. Pensions. Disabled members. Widows. (Cap. 199.) G.N.A. 164/50. G.N.A. 242/50. Citation. G.N.A. 2/50.

https://oelawhk.lib.hku.hk/items/show/2014

1950

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