DISTRICT WATCH FORCE ORDINANCE

DISTRICT WATCH FORCE ORDINANCE

CHAPTER 230.

DISTRICT WATCH FORCE.

Toamend and consolidate the law relating to the District
Watch Force.
[29th April, 1949.]

PART I

PRELIMINARY.

1. This Ordinance may be cited as the District Watch
Force Ordinance.

2. All the provisions of this Ordinance shall apply to
all persons who, at the commencement of this Ordinance,
are serving in the District Watch Force established under
any Ordinance repealed by this Ordinance and service under
any such repealed Ordinance shall be deemed to be service
under this Ordinance.

3. In this Ordinance-
'district watchman' includes any principal detective
district watchman, any head district watchman, any
assistant head district watchman and any detective
district watchman.
'District Watch Force Regulations' means regulations
made in exercise of the powers conferred by section 23
and any regulations continued or continuing in force
upon the enactment of this Ordinance.

4. The Secretary for Chinese Affairs, subject to the
orders and control of the Governor, shall be charged with
the supreme direction and administration of the District
Watch Force and may from time to time make orders to be
known as 'District Watch Force Orders' as he may think
expedient, not inconsistent with this Ordinance, and District
Watch Force Regulations, for the better control, manage-
ment and regulation of the District Watch Force.

5. A district watchman shall, in relation to such duties
as he may be required to perform, have all the powers and
privileges of a constable of the police force.





6. All powers granted to and duties imposed by law
on any district watchman shall be exercised or performed
in accordance with District Watch Force Regulations and
District Watch Force Orders.

7. All district watchmen shall be bound to serve at
any place in the Colony or on board any vessel in the
service of the Government.

8. The functions of the District Watch Force shall
be-
(a)to assist the Secretary for Chinese Affairs in the
execution of the duties of his office;
(b)to perform such duties as it may be required to
perform in assisting to-
(i) preserve the public peace;
(ii) prevent and detect crimes and offences.

PART II.

CONSTITUTION oF DISTRICT WATCH FORCE.

9. The District Watch Force shall consist of such
district watchmen as shall by annual vote or otherwise be
from time to time provided for by the Legislative Council.

10. Provisions for the payment and maintenance of
the District Watch Force shall be by charges on the general
revenues of the Colony, to such amounts and in Such
proportion as may by annual vote or otherwise be voted
by the Legislative Council.

11. A district watchman may be appointed, advanced
in salary or promoted by the Secretary for Chinese Affairs.

12. If in any case the Secretary for Chinese Affairs
considers that the public interest requires that any district
watchman should cease to exercise the powers and functions
of his office instantly, he may interdict such district watch-
man from the exercise of such powers and functions provided
that disciplinary or criminal proceedings are being
instituted or are about to be instituted against such district
watchman. A district watchman who has been interdicted
under this section shall be allowed to receive such proportion
of his pay, not being less than one-half, as the Secretary





for Chinese Affairs shall, in every such case, direct. If
the proceedings against any such district watchman do not
result in his dismissal or other punishment he shall be
entitled to the full amount of the pay which he would have
received if he had not been interdicted.

13. A certificate of identity shall be issued to every
district watchman, and shall be evidence of his appointment
under this Ordinance.

14. Every district watchman shall for the purposes of
this Ordinance be deemed to be always on duty when
required to act as such and shall perform the duties and
exercise the powers granted to him under this Ordinance
or any other law at any and every place in the Colony
where he may be doing duty.

15. Every district watchman shall bb provided with
sucharticles of uniform and equipment as may be necessary
for the effectual discharge of his duties. Such articles shail
be kept and used according to District Watch Force Orders.

16. Every district watchman shall, before entering on
duties of his office, take before a magistrate or justice of the
peace an oath or declaration of office in the form prescribed
in the Schedule.

17. (1) Every district watchman who by resignation,
dismissal, discharge or otherwise leaves the District Watch
Force, shall before leaving deliver up the certificate of
identity issued to him under section 13 and each and every
article of uniform, clothing, arms, accoutrements and other
Government property which may be in his possession.

(2) Any person neglecting so to deliver up such
certificate or property shall be liable on summary convic-
tion to a fine of one hundred dollars or imprisonment for
three months, and in addition thereto shall be liable to pay
the value of the property not delivered up which value shall
be ascertained by such magistrate in a summary way and
shall be recoverable as a fine.

18. Any district watchman who deserts shall be liable
on summary conviction to imprisonment for twelve months,
and all arrears of pay due to him shall be forfeited.





PART III

DiscipiANE.

19. Any district watchman who shall be guilty of any
of the following offences-
(a) absence from duty without leave or good cause;
(b) sleeping on duty;
(c)conduct to the prejudice of good order and dis-
cipline;
(d) cowardice in the performance of duty;
(e)disobedience of District Watch Force Regulations,
or any District Watch Force Orders, whether
written or verbal;
being unfit for duty through intoxication;
(g) insubordination;
(h) neglect of duty or orders;
(i) malingering;
(j)in the course of his duty making a statement which
is false in a material particular;
(k)unlawful or unnecessary exercise of authority
resulting in loss or injury to any other person or
to Government;
(l)wilful destruction or negligent loss of or injury to
Government property;
(m) conduct calculated to bring the public service into
disrepute,
shall be liable on conviction before the Secretary for
Chinese Affairs to any of the following punishments-
(i) reduction in rank or class;
(ii) forfeiture of not rnore than one month's pay (except
in the case of absence without good cause, when forfeiture
of pay shall extend to the period of absence in addition
to any other punishment inflicted). In lieu of or in addition
to either of the aforesaid punishments, any such district
watchman may be dismissed from the District Watch Force
by the Secretary for Chinese Affairs or he may be ordered
to resign forthwith and if he fails so to do may be dis-
missed, and in the case of such dismissal or such resigna-
tion he shall not receive salary in lieu of notice.





20. (1) Nothing in this Ordinance shall be construed
to exempt any district watchman from being proceeded
against by the ordinary course of law when accused of any
offence punishable under any other Ordinance or law.

(2) No district watchman who has been acquitted by
a magistrate or the court of any crime or offence.shall be
tried departmentally on the same charge.

(3) No pay or allowance shall be payable to any
district watchman following the date of the conviction of
such district watchman by a magistrate or the court for
any crime or offence unless the approval of the Secretary
for Chinese Affairs of such payment shall be given and,
unless such conviction is reversed on appeal, such district
watchman may be dismissed by the Secretary for Chinese
Affairs, and in the event of dismissal any arrears of pay
due to him may be forfeited by order of the Secretary, for
Chinese Affairs.

21. Nothing Ln this Ordinance contained shall be
construed to limit the right of the Crown or the Govern-
ment to dismiss or terminate the appointment of any district
watchman and without compensation.

PART IV.

PROCEDURE AND MISCELLANEOUS PROVISIONS.

22. In all matters in which by this Ordinance or by
District Watch Force Regulations made hereunder jurisdic-
tion is given to the Secretary for Chinese Affairs to inflict
punishments, the powers of a magistrate may be exercised
by the Secretary for Chinese Affairs in so far as is necessary
to enable him to exercise such jurisdiction.

23. (1) The Governor in Council may make such
regulations to be called 'District Watch Force Regulations'
as he may think expedient not inconsistent with the provi-
sions of this Ordinance. Such regulations may prescribe or
provide for-
(a) organization and distribution;
(b)appointments, pay, resignations, discharges, dis-
missals, reductions and reversions;
(c) discipline and punishments;





(d)leave of absence and fares and passages on such
leave;
(e)description of uniforms, arms and accoutrements to
be provided;
such matters as may be necessary and expedient
for preventing abuse or neglect of duty, and for
rendering the District Watch Force efficient in the
discharge of its duties, and for carrying out the
objects of this Ordinance.

(2) Every regulation made under this section shall be
published in the Gazette.

24. Every person taken into custody by a district watch-
man with or without a warrant, except a person detained for
the mere purpose of verifying his name and residence, shall
be forthwith delivered into the custody of the officer in charge
of the nearest police station or to a police officer authorized
in that behalf by the Commissioner of Police.

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

26. Any keeper of any place for the entertainment of
the public whether spirituous liquors are sold therein or riot,
who knowingly harbours or entertains any, district watchman
on duty, or permits him to remain in such place while on
duty, shall upon summary conviction be liable to a fine of
two hundred and fifty dollars.

27. Any person who assaults or resists any district
watchman acting in the execution of his duty, or aids or in-
cites any person so to assault or resist, or refuses to assist any
such district watchman in the execution of his duty when





called upon to do so, or who, by the giving of false informa-
tion With intent to defeat or delay the ends of justice, wilfully
misleads or attempts to mislead any such district watchman,
shall upon summary conviction be liable to a fine of two
hundred and fifty dollars and to imprisonment for six
months.

28. (1) On the application of any person the Secretary
for Chinese Affairs may, if he thinks fit, detail any district
watchman or district watchmen to do special duty in upon
or about any premises or business or vessel specified by the
applicant.

(2) The applicant shall pay to the Secretary for Chinese
Affairs for the services of any such district watchman or dis-
trict watchmen so detailed such fees as the Secretary for
Chinese Affairs may think fit.

(3) All fees so received by the Secretary for Chinese
Affairs shall be paid by him into the Treasury forthwith and
be accounted for monthly; and every sum of money due for
such services shall be deemed a debt due to the Crown. and
shall be recoverable by the Financial Secretary in like man-
ner as other Crown debts in respect of fees and otherwise
under the Supreme Court (Summary jurisdiction) Ordinance.

SCHEDULE. [s. 16]
Oath or Declaration of Office.
I . .......................................................................................
swear by Almighty God ) that I will well and faithfully
do solemnly and sincerely declare)
serve His Majesty and His Heirs and Successors according to law,
as a district watchman, that I will obey uphold and maintain the
laws of the Colony of Hong Kong, that I will execute the powers
and duties of my office honestly faithfully and diligently without
fear of or favour to any person and with malice or ill-will toward
none, and that I will obey without question all lawful orders of
those set in authority over me.
....................
Signature
SWORN
before me
DECLARED
this day
of 19


....................... Magistrate/Justice of the Peace. 15 of 1949. 9 of 1950. Short title. Application. Interpretation. Administration of District Watch Force by the Secretary for Chinese Affairs. District watchman, powers and privileges. Powers and duties subject to regulations and orders. Place of service. Functions of District Watch Force. Constitution of District Watch Force. Payment of District Watch Force. Appointment of district watchmen. Interdiction. Certificate of identity. District watchman to be deemed on duty. Clothing. Oath or declaration of office. Schedule. Delivery of Government property on leaving the Force. 9 of 1950, Schedule. Desertion. Punishment of district watchmen. 9 of 1950, Schedule. 9 of 1950, Schedule. District watchman not exempted from ordinary process of law. Saving of the prerogative rights of the Crown, etc. Powers of magistrates to be exercised by the Secretary for Chinese Affairs. District Watch Force Regulations. [s. 23 cont.] Person arrested to be delivered to custody of police officer in charge of police station. 9 of 1950, Schedule. Protection of district watchman acting in execution of warrant. Penalty on victualler, etc., harbouring district watchman while on duty. Penalty on person assaulting etc., district watchman in execution of duty, or misleading by false information. Special duty and expenses thereof. (Cap. 8). 9 of 1950, Schedule.

15 of 1949. 9 of 1950. Short title. Application. Interpretation. Administration of District Watch Force by the Secretary for Chinese Affairs. District watchman, powers and privileges. Powers and duties subject to regulations and orders. Place of service. Functions of District Watch Force. Constitution of District Watch Force. Payment of District Watch Force. Appointment of district watchmen. Interdiction. Certificate of identity. District watchman to be deemed on duty. Clothing. Oath or declaration of office. Schedule. Delivery of Government property on leaving the Force. 9 of 1950, Schedule. Desertion. Punishment of district watchmen. 9 of 1950, Schedule. 9 of 1950, Schedule. District watchman not exempted from ordinary process of law. Saving of the prerogative rights of the Crown, etc. Powers of magistrates to be exercised by the Secretary for Chinese Affairs. District Watch Force Regulations. [s. 23 cont.] Person arrested to be delivered to custody of police officer in charge of police station. 9 of 1950, Schedule. Protection of district watchman acting in execution of warrant. Penalty on victualler, etc., harbouring district watchman while on duty. Penalty on person assaulting etc., district watchman in execution of duty, or misleading by false information. Special duty and expenses thereof. (Cap. 8). 9 of 1950, Schedule.

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