POLICE FORCE ORDINANCE

POLICE FORCE ORDINANCE

CHAPTER 232.

THE POLICE FORCE ORDINANCE.

ARRANGEMENT OF SECTIONS.

PART I-PRELIMINARY.
Section Page
1 Short title .............................. ... ... ... ... ... 344
2 Application .............................. ... ... ... ... ... 344
3 Interpretation............................ .... ... ... ... ... ... 344
4 Administration of police force by Commissioner ... ... ... 345
5 Powers of Commissioner or deputy ......... ... ... ... 345
6 Powers, etc. to be subject to regulations, etc . ... ... ... 345
7 Prohibition against police officer being a member of a trade
union ................................. ... ... ... ... ... 345
8 Liability for service .................... ... ... ... ... ... 345
9 Duties of police force ................... ... ... ... ... ... 346

PART II-CONSTITUTION OF POLICE FORCE.
10 Constitution of police force ............ ... ... ... ... ... 347
11 Payment of police force ................. ... ... ... ... 347
12 Appointment, etc. of gazetted police officers ... 347
13 Appointment and promotion of inspectors, non-commissioned
officers and constables ................ ... ... ... ... 347
14 Dismissal .. . ............................. ... ... ... ... 347
15 Interdiction ............................ ... ... ... ... ... ... 347
16 Warrant card ............................ ... ... ... ... ... 348
17 Exemption in respect of civil process ... ... ... ... ... 349
18 Village representative to have police powers and duties in
certain cases 348
19 Police officer to be deemed on duty ..... ... ... ... ... 349
20 Clothing ................................ ... ... ... ... ... 349
21 Discharge and resignation of non-commissioned officer and
constable .............................. ... ... ... ... 349
22 Temporary police officers ............... ... ... ... ... 349
23 Discharge and resignation of inspector ... ... ... ... 350
24 Declaration of office ................... ... ... ... ... ... 350
25 Delivery of Government property on leaving the force ... 350
26 Desertion ............................... ... ... ... ... ... 350

PART III-DISCIPLINE AND DUTIES.
27 Police officers to obey lawful orders ... ... ... ... ... 351
28 Punishment of non-commissioned officers and constables 351
29 Punishment of inspector ................. 353
30 Threatening or insulting another officer of senior or equal
rank ................................... ... ... ... ... 354
31 Reduction or dismissal after conviction ... ... ... 354
32 Police officer not exempted from ordinary process of law 355
33 Saving of the prerogative rights of the Crown, etc . ... 356





PART IV-WELFARE FUND.
Section Page
34 Welfare fund ............................... ... ... ... ... 356

PART V-UNCLAIMED PROPERTY &
INTESTATE ESTATES.

35 Disposal of property deposited at police stations 357
36 Disposal of unclaimed property of persons in custody on
remand ................................ ... ... ... ... ... 357
37 Power to administer certain property of deceased persons 358
38 Disposal of valueless unclaimed goods or chattels 358

PART VI-PROCEDURE.

39 Powers of magistrates to be exercised by certain police
officers ............................... ... ... ... ... ... 359
40 Police regulations ....................... ... ... ... ... ... 359
41 Police general orders .................... ... ... ... ... 360
42 Headquarter orders .................... ... ... ... ... ... 361
43 Routine orders and standing orders ....... ... ... ... ... 361
44 Delegation of certain powers by Commissioner ... ... ... 361

PART VII-MISCELLANEOUS PROVISIONS.

45 Arrest, detention and bail of suspected persons and seizure
of suspected property .. ............. ... ... ... ... 361
46 Person arrested to be delivered to custody of police officer
in charge of police station ............ ... ... ... ... 363
47 Person arrested to be discharged on recognizance or brought
before a magistrate .................... .... ... ... ... 363
48 Power of arrest .......................... ... ... ... ... ... 365
49 Search, arrest and detention ............. ... ... ... ... ... 365
50 Power to stop, search and detain vessels, etc., or person
suspected of conveying stolen property ... ... ... 365
51 Power to detain person, etc., removing furniture in night-
time ................................... ... ... ... ... 366
52 Detention and sale of vehicle, etc. of person apprehended 366
53 Power of arrest in case of certain offences against sanitation 366
54 Fingerprints, photographs, etc . ......... ... ... ... ... ... 366
55 Protection of police officer acting in execution of warrant 367
56 Penalty on victualler, etc. harbouring police officer while on
duty ................................... ... ... ... ... 367
57 Penalty on persons causing disaffection in police force ... 367
58 Penalty on person assaulting, etc. police officer in execution
of' duty, or misleading officer by false information ... 367
59 Penalty on unauthorized use of police uniform ... ... ... 368
60 Special duty and expenses thereof ........ ... ... ... ... 368

SCHEDULE.
(Oath or declaration of office).





CHAPTER 232.

POLICE FORCE.

To amend and consolidate the law relating to the police
force.

[2oth August, 1948.]

PART I.

PRELIMINARY.

1. This Ordinance may be cited as the Police 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 police force established under any
Ordinance repealed by this Ordinance and service under any
such repealed Ordinance shall for the purpose of pay
allowances, gratuities and pensions, be deemed to be service
under this Ordinance.

3. In this Ordina nce-
'appropriate tribunal' means such person or persons or
board as is or are authorized by police regulations to
inquire into the question as to whether a member of
the police force of the rank of inspector or below is
guilty of any of the matters specified in subsection (i)
of section 28 and to arrive at a finding;
'Commissioner' means the Commissioner of Police of the
Colony;
'commanding officer' or 'officer commanding' means a
deputy commissioner, an assistant commissioner, the
superintendents in charge of the detective and special
branches of the criminal investigation department of
the police force, the commandant of the police training
school and any officer lawfully acting in any of these
appointments;
'gazetted police officer' includes officers of all ranks from
and including the Commissioner down to and including
police cadet;
'inspector' means an inspector of police of whatever grade
or rank;





'non-commissioned officer' means a police officer below the
rank of inspector down to and including corporal and
also includes detectives of corresponding ranks ;
'police cadet' means an assistant superintendent who has
not been confirmed in his appointment;
'police constable' or 'constable' means a police officer
under the rank of corporal and also includes detective
police constable or detective constable;
'police officer' includes any.member of the police force;
'police regulations' means regulations made in exercise of
the powers conferred by section 4o and any regulations
continued or continuing in force upon the enactment of
this Ordinance;
'police welfare fund' means the fund established under
section 34.

4. The Commissioner, subject to , the orders and
control of the Governor, shall be charged with the supreme
direction and administration of the police force.

5. The Commissioner or a deputy commissioner may
exercise and perform any of the powers conferred or duties
imposed by law on a police officer.

6. All powers granted to and duties imposed by law
on any police officer shall be exercised or performed in
accordance with police regulations and police orders made
under this Ordinance.

7. (1) It shall not be lawful for a police officer to
be a member of any trade union and any police officer who
contravenes this provision shall be disqualified from
continuing to be a member of the police force.

(2) If any question arises whether a body is a trade
union to which this section applies the question shall be
determined by the Registrar of Trade Unions appointed
under section 6 of the Trade Unions and Trade Disputes
Ordinance. [6A

8. All police officers shall be bound to serve at any
place in the Colony or on board any vessel in the service
of the Government. [7





9. The duties of the police force shall be to take lawful
measures for-
(a) preserving the public peace;
(b) preventing and detecting crimes and offences;
(c) preventing injury to life and property;
(d)apprehending all persons whom it is lawful to
apprehend and for whose apprehension sufficient
grounds exist;
(e) regulating processions and assemblies in public
places or places of public resort;
controlling traffic upon public thoroughfares and
removing obstructions therefrom;
(g)preserving order in public places and places of
public resort, at public meetings and in assemblies
for public amusements, for which purpose any
police officer on duty shall have free admission to
all such places and meetings and assemblies while
open to any of the public;
(h)assisting in carrying out any revenue, excise,
sanitary, conservancy, quarantine, immigration and
alien registration laws;
(i) assisting in preserving order in the waters of the
Colony and in enforcing port and maritime regula-
tion therein ;

(j) executing summonses, subpoenas, warrants, commit-
ments and other process issued by the courts;
(k)exhibiting informations and conducting prosecu-
tions ;
(l)protecting unclaimed and lost property and finding
the owners thereof;
(m) taking charge of and impounding stray animals;
(n)assisting in the protection of life and property at
fires;
(o)protecting public property from loss or injury
(p) attending the criminal courts and, if specially
ordered, the civil courts and keeping order therein
(q) escorting and guarding prisoners;
(r) executing such other duties as may by law be
imposed on a police officer. [8





PART II

CONSTITUTION OF POLICE FORCE.

10. The police force of the Colony shall consist of such
gazetted police officers, inspectors, non-commissioned officers
and constables as shall by annual vote or otherwise be from
time to time provided for by the Governor and the Legisla
tive Council. [9

11. Provisions for the payment and maintenance of the
police force under this Ordinance shall be by charges on
the general revenues of the Colony, to such amounts and in
such proportion as may from time to time by annual vote
or otherwise be voted by the Legislative Council. [10

12. A gazetted police officer shall be appointed, inter
dicted, suspended or dismissed according to the terms of the
Re gulations for His Majesty's Colonial Service and the
general orders of the Hong Kong Government for the time
being in force but sub ect nevertheless to any special con
ditions of his appointment. [11

13. (1) An inspector may be appointed and promoted
by the Commissioner.

(2) A non-commissioned officer or constable may be
appointed, advanced in salary or promoted by the Commis-
sioner and may also be appointed or advanced in salary by
a commanding officer.

(3) A non-commissioned officer may be reverted in rank
by the Commissioner. [12

14. (1) An inspector may be dismissed in accordance
with the provisions of section 29.

(2) A non-commissioned officer or constable may be
dismissed in accordance with the provisions of section 28.

(3) All police officers may be dismissed by virtue of the
rights reserved by section 33. [13

15. If in any case the Commissioner considers that the
public interest requires that any inspector, non-commissioned
officer or constable should cease to exercise the powers and





functions of his office instantly, he may interdict such officer
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 officer. An officer
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 Commissioner shall, in every such case,
direct. If the proceedings against any such officer do not
result in his dismissal or other punishment he shall be
entitled to the full amount of the pay which lie would have
received if he had not been interdicted. [14

16. A warrant card shall be issued to every police
officer, and shall be evidence of his appointment under this
Ordinance. [15

17. (1) Subject to the provisions of subsection (2)-
(a)the pay and allowances of a non-commissioned
officer or constable shall not be assignable or trans-
ferable or liable to be attached, sequestered or levied
upon for or in respect of any debt or claim
whatsoever;
(b)no non-commissioned officer or constable shall be
liable to be imprisoned under an order of any court
by reason of non-payment of any debt which he may
have incurred or for which he may become liable.

(2) The provisions of subsection (i) shall not apply
to-
(a) a debt due to His Majesty or to the Government;
(b) a find imposed by law;
(c)an order for the payment of alimony or maintenance
made by any court.

(3) The pay and allowances of a non-commissioned
officer or constable shall not pass to the official receiver or
a trustee on the bankruptcy of such non-commissioned officer
or constable nor shall they, form part of his estate for the
purpose of bankruptcy. [16

18. The Governor may, by notification in the Gazette,
impose upon any village representative, deputy village
representative or assistant village representative the duties of
a police officer and may invest any such person with the





powers conferred by law upon a police officer not above the
rank of sergeant. Every such person so invested will take
the same oath or make the same declaration as a police
officer. [17

19. Every police officer 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. [18

20. Every police officer shall be provided with such
articles of uniform and equipment as may be necessary for
the effectual discharge of his duties.Such articles shall be
kept and used according to police orders. [19

21. (1) Without prejudice to the provisions of section
303 a non-commissioned officer or constable who has not
completed ten years of service inay be discharged from the
police force by the Commissioner by one month's notice in
writing expiring on the last day of any month.

(2) A non-commissioned officer or constable may resign
from the police force by, giving to the Commisioner one
month's, notice in writing expiring on the last day of any
month of his intention tb resign from the police force. [22

22. (1) The Commissioner may without written
engagement employ persons to serve temporarily as police
officers.

(2) A temporary police officer shall be deemed to serve
from month to month, every such engagement being held
to commence on the first anii to be determinable on the last
day of each successive month, but notwithstanding the terms
of such engagement such police officer shall serve under the
same conditions of service in respect of pay, allowances,
gratuities and pensions as a police officer of equivalent rank
in the police reserve constituted under the Police Reserve
Ordinance, and shall have and may exercise all the powers
and privileges of such rank and be liable to all the provisions
of discipline for such rank while so serving.





(3) A temporary police officer may be discharged at
any t ime after one month's notice in writing or may resign
upon giving the Commissioner one month's notice in
Writing. [24

23 (I) Without prejudice to the provisions of section
33 the Commissioner may at any time prior to the confirma-
tion in his appointment of an inspector discharge an
inspector from the police force by giving him three months'
notice in writing or paying to him one month's salary in
lieu of notice.

(2) An inspector may resign from the police force by
giving to the Commissioner three months' notice in writing
of his intention to resign or paying nto the Treasury one
month's salary in lieu of notice and notifying the Commis-
sioner that he has resigned. [25

24. Every police officer shall, before entering on the
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. [27

25. (1) Every police officer who by resignation, dis-
missal, discharge or otherwise leaves the police force, shall
before leaving deliver up 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
property shall be liable on summary conviction 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 recover
able as a fine. [28

26. Any police officer who deserts shall be liable on
summary conviction to imprisonment for twelve months and
all arrears of pay due to him shall be forfeited. [29





PART III.

DISCIPLINE AND DUTIES.

27. Every police officer shall obey all lawful orders of
his superior officers whether given verbally or in writing and
shall obey and conform to police regulations and orders
made under this Ordinance. [30

28. (1) Any non-commissioned officer or constable who
is found guilty by an appropriate tribunal of any of the
following-
(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)dis obedience of police regulations, or any police
orders, whether written or verbal
insubordination ;
(g) being unfit for duty through intoxication;
(h) neglect of duty or orders;
(i) malingering;
(j) in the course of his duty inaking a statement which
is false in a material particular ;
(k)unlawful or unnecessary exercise of authority result-
ing 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 to be punished by such tribunal with-
(i) reduction in rank or class;
(ii) forfeiture of not more 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 non-commissioned
officer may be dismissed from the police force by the Commis-
sioner and in such case shall be reduced to the ranks before
dismissal or he may be ordered by the Commissioner to
resign forthwith and if he fails to do so may be dismissed,





and in the case of such dismissal or such resignation lie
shall not receive salary in lieu of notice.

(2) A constable who shall be found guilty of any of the
disciplinary offences specified in subsection (I) shall be liable
to be punished by the appropriate tribunal in addition to any
punishment imposed under subsection (2) with imprisonment
in any building set aside as a guard room or cell for any
term not exceeding seven days with rations of bread (or rice)
and water or with not more than two of the following punish-
ments-
(a)confinement to barracks not exceeding fourteen
days;
(b) compulsory performance of extra duties or drills;
(c)such fatigue duties as may be prescribed in the
police general orders;
(d)temporary deprivation of such privileges as the
Commissioner may specify in headquarter orders;
(e) forfeiture of good conduct allowance :
Provided that the punishment of imprisonment in any
guard room or cell shall not be carried into effect until it has
been confirmed by the Commissioner : And provided further
that if pursuant to any provision in police regulations the
appropriate tribunal does not impose any punishment and
refers its findings to the Commissioner in order that the
Commissioner may make an award then the Commissioner
may exercise all the powers of punishment conferred by this
section on an appropriate tribunal.

(3) Any non-commissioned officer or constable may
within fourteen days from the promulgation in routine orders
of any finding or punishment appeal to the Commissioner
by petition in writing to be lodged with the Commissioner
and containing such representations as may be relevant to
the exercise by the Commissioner of any discretion vested in
him in connexion with such appeal against any finding of
an appropriate tribunal and against any punishment inflicted
under this section or solely against any such punishment.
In every case where an appeal has been lodged the sentence
shall be suspended pending the determination of the appeal.

(4) (a) Upon any appeal under subsection (3) the Com-
missioner may confirm or vary any finding of the





appropriate tribunal or substitute therefor any find-
ing at which the appropriate tribunal could have
arrived upon the evidence including any additional
evidence adduced upon the appeal and may in any
event confirm or remit any punishment imposed by
an appropriate tribunal or may substitute therefor
any punishment which such tribunal is entitled by
this section to impose.
(b) Upon any such appeal the Commissioner may if lie
thinks fit permit the appellant to appear before him
in person in support of his appeal and may in such
case hear such additional evidence as may be pro-
vided for by police regulations. [31

29. (1) The Commissioner may punish any inspector
who is found guilty by an appropriate tribunal of any of the
disciplinary offences specified in subsection (I) of section 28
by reprimand, severe reprimand, with or without deferment
or stoppage of increment or forfeiture of not more than one
month's pay. The findings of the appropriate tribunal and
the punishment awarded by the Commissioner shall be
promulgated in headquarter orders and shall be com-
municated to the inspector by the Commissioner.

(2) Any such inspector aggrieved by such, punishment
may within fourteen days from the promulgation of the
punishment in headquarter orders appeal to the Governor by
petition containing any representations relevant to the
exercise of the Governor's discretion under subsection (4).

(3) If an inspector has pleaded guilty of any of the
disciplinary offences specified in subsection (i) of section 28
and such plea has been accepted or if he has been found
guilty of any of such disciplinary offences by an appropriate
tribunal then if it appears to the Commissioner that the
offence is of such an aggravated character as to merit dis-
missal he shall forward to the Governor a report containing-
(a)in the case of a plea of guilty which has been
accepted, the charge, plea and any statement in
mitigation; or
(b) in any other case, the record of the proceedings; and
(c)in any event, a record of the officer's service, the
Commissioner's recommendation and his reasons
for not making an award.





The Commissioner shall at the same time as he forwards
such report as aforesaid, inform the inspector that his case
will be considered by the Governor and shall communicate
to the inspector the findings of the appropriate tribunal.
The inspector may within fourteen days of such information
being communicated to him or within such extended period
as the Governor may allow, forward to the Governor a written
petition containing such representations as may be relevant
to the exercise of the Governor's discretion tinder subsection
(5).
(4) Upon any appeal under subsection (2) the Governor
may confirm or remit the punishment imposed by the Com-
missioner or may substitute therefor any punishment which
the Commissioner could have imposed or may if in all the
circumstances of the case he considers justice so requires
set aside any finding of an appropriate tribunal and either
impose such punishment which in his opinion is warranted
by any finding which has not been set aside or if there is no
such finding impose no punishment.

(5) Upon any reference under subsection (3) tile
Governor may dismiss the inspector or may impose any of
the punishments mentioned in subsection (i) or may if in
all the circumstances of the case he considers justice so
requires set aside any finding of an appropriate tribunal and
either impose such punishment which in his opinion is war-
ranted by any finding which has not been set aside or if there
is no such finding impose no punishment.

(6) The Governor's decision upon any appeal under
subsection (2) and upon any reference under subsection (3)
shall be communicated to the Commissioner and to the
inspector by the Colonial Secretary. [32

30. Any police officer who threatens or insults another
officer of senior or equal rank when such other officer is on
duty or when such threat or insult relates to or is consequent
on the discharge of duty by the officer so threatened or
insulted, shall be liable on conviction before a magistrate
to a fine of five hundred dollars or to imprisonment for one
year. [33

31. (1) Any non-commissioned officer or constable
convicted under the provisions of section 26 or 30 or con-





victed under the provisions of any other law of an offence
punishable with imprisonment may, unless the conviction
is reversed on appeal, be reduced in rank or dismissed from
the police force and in case of dismissal any arrears of pay
due to him may be forfeited by order of the Commissioner.

(2) Any non-commissioned officer dismissed from the
police force in accordance with the provisions of subsection
(I) shall be reduced to the ranks before dismissal. [34

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

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

(3) Any sentence of imprisonment passed upon any
constable for any offence under sections 26 and 30 of this
Ordinance may be carried out in a police cell or in a place
set aside as a prison under section 3 of the Prisons Ordin-
ance. A sentence passed upon any person subject to this
Ordinance shall be in no respect affected by such person
ceasing to be subject to this Ordinance by discharge or
otherwise.

(4) Every officer in charge of a prison shall receive
into his custody and carry out any sentence of imprisonment
passed upon any constable for any offence under this
Ordinance upon an order in writing being delivered to him
under the hand of a magistrate or a gazetted police officer,
which order shall specify the offence and period of
imprisonment.

(5) Every person whilst undergoing any such sentence
of imprisonment shall be deemed to be and be dealt with
as a criminal prisoner.

(6)(a) No pay or allowance shall be payable to any
police officer following the date of the conviction
of such officer by a magistrate or the court for any
crime or offence unless the approval of the Com-
missioner of such payment shall be given.





(b) No pay or allowance shall accrue to any police
officer in respect of any period during which
he is undergoing any sentence of confinement to
cells. [35

33. Nothing in this Ordinance contained shall be
construed to limit the right of the Crown or the Government
to dismiss or terminate the appointment of any police officer
and without compensation. [36

PART IV.

WELFARE FUND.

34. (1) There shall be established a fund to be known
as the 'Police welfare fund'.

(2) The fund shall consist of-
(a)all sums forfeited by or fines inflicted on police
officers other than sums forfeited by or fines inflicted
by a magistrate or competent court under the powers
conferred by this Ordinance;
(b) all sums paid for hire of police officers;
(c)all illegal gratifications offered to police officers and
confiscated by an order of court;
(d) any donations and voluntary contributions;
(e)such sums as may be voted annually by the
Legislative Council.

(3) The fund shall be controlled by the Commissioner
subject to police regulations and applied to the purpose of-
(a)recompensing inspectors, non-commissioned officers
and constables for extra services rendered by them
(b)procuring for inspectors, non-commissioned officers
and constables who are serving or who have been
retired on pension or gratuity, comforts, conveni-
ence or other advantages not chargeable to the
public revenue; and
(c)granting loans to police officers who are serving or
who have been retired on pension or gratuity
on rates and terms in accordance with police
regulations. [37





PART V.

UNCLAIMED PROPERTY AND INTESTATE ESTATES.

35. (1) Particulars of any property which comes into
the custody or possession of the police other than in con-
nexion with any criminal charge or under section 37 shall
be forwarded to the Commissioner.

(2) If any person shall establish his title to such
property to the satisfaction of the Commissioner within three
months after the property comes into the custody or posses-
slon of the police, the same shall be delivered to him on
payment of all expenses reasonably incurred and of such
sum, not exceeding one-fifth of the value of the property, as
may be awarded by the Commissioner by way of reward
to the finder (if any) of the property.

(3) If the title to any such property is not so established
within the said period of three months, the property may
be returned to the finder (if any) not being a member if
the police force on payment by him of such expenses.

(4) If any finder or person establishing title as aforesaid
fails or refuses immediately to pay, the said expenses or sum
awarded, the property may be sold and the proceeds of sale
after deduction of all expenses reasonably incurred shall be
paid to such finder or person establishing title; in the case
of payment to a person establishing title there shall also
be deducted such sum as may be awarded by the Commis-
sioner as a reward to the finder (if any) of the property.

(5) If title to the property is not established and either
the finder cannot be traced or the property came into the
custody or possession of the police otherwise than through
a finder, the property may be sold and after deduction of
all expenses reasonably incurred the proceeds of sale shall
be paid into the Treasury. [38

36. Any property of a person held in custody on
remand which comes into the custody or possession of the
police in accordance with the requirements of this Ordin-
ance or of the Prisons Ordinance, or of any regulations
or orders made thereunder, which remains unclaimed by any
such person for a period of one month frorn the discharge





of such person from custody, may be sold and after deduc-
tion of expenses reasonably incurred the proceeds of sale
shall be paid into the Treasury. [39

37. (1) Whenever any person dies leaving goods and
chattels in the Colony under five hundred dollars in value,
which goods and chattels are, in the absence of any person
entitled thereto, taken charge of by the police for the
purpose of safe custody, the Commissioner may, if he
thinks fit, order the said goods and chattels to be delivered,
without grant of probate or letters of administration taken
out, to any person claiming to be entitled to the whole
or any part thereof, if he shall be satisfied as to the title
of the claimant and the value of the goods and chattels
by the oath or affirmation of the claimant, or by such other
evidence as he may require.

(2) In the event of any such goods and chattels being
of a perishable nature or likely to be deteriorated in value
by being kept the Commissioner may order the sale thereof
and the proceeds of such sale shall be dealt with in the
manner specified in subsection (I).

(3) The Commissioner may, at his discretion, before
making any order under the preceding subsections, take
such security as he may think proper for the due adminis-
tration and distribution of such goods and chattels.
Nothing in this section contained shall affect the right of
any person to recover the whole or any part of the same
from the person to whom it may have been delivered pur-
suant to such order.

(4) Any goods and chattels taken charge of under this
section and not claimed within the period of one month,
may be sold and the proceeds of sale shall be paid into
the Treasury:Provided always that if at any time there
after the owner of such goods and chattels shall appear and
claim the same, restitution shall be made, on the claim
being established to the satisfaction of the Governor, out
of the Treasury. [40

38. If goods and chattels of the nature specified in
sections 35, 36 and 37 are of no appreciable value or of
value so small in the opinion of the Commissioner as to





render impracticable the sale of such property, the Com-
missioner may order such property to be destroyed or
otherwise disposed of as he thinks fit. [41

PART VI.

PROCEDURE.

39. In all matters in which by this Ordinance or by
police regulations made thereunder jurisdiction is given to
certain police officers to inflict punishments, the powers of
a magistrate may be exercised by such officers in so far
is necessary to enable them to exercise such jurisdic-
tion. [42

40. (1) The Governor in Council may make such
regulations to be called 'police regulations' as he may
think expedient not inconsistent with the provisions of this
Ordinance. Such regulations in addition to the powers
hereinbefore conferred may prescribe or provide for-
(a)conditions of service excluding salaries, pensions
and gratuities ;
(b) organization and distribution
(c)appointments, the award of allowances, resigna-
tions, discharges, dismissals, reductions and
reversions;
(d) discipline and punishments;
(e)leave of absence and fares and passages on such
leave;
(f) description of uniforms, arms and accoutrements to
be provided;
(g) administration of the police welfare fund;
(h)such other matters as may be necessary and
expedient for preventing abuse or neglect of duty,
and for rendering the police force efficient in the
discharge of its duties, and for carrying out tile
objects of this Ordinance.

(2) The power to make regulations providing for dis-
cipline and punishments shall include and be deemed always
to have included power to make regulations providing for
appropriate tribunals to inquire into disciplinary offences
by police officers other than gazetted police officers, for the
review of an appeal from the findings and awards of such





tribunals, for appeals against the award of the Commis-
sioner under subsection (i) of section 29, for limiting the
powers of punishment exercisable by any appropriate
tribunal and generally for the procedure to be followed in
cases where a police officer other than a gazetted police
officer is alleged to have committed any of the disciplinary
offences specified in subsection (I) of section 28.

(3) Whenever the Governor in Council is satisfied that
it is equitable that any regulation made under this section
should have retrospective effect in order to confer a benefit
upon or remove a disability attaching to any person that
regulation may be given retrospective effect for that
purpose: Provided that no such regulation shall have
retrospective effect unless it has received the prior approval
of the Legislative Council signified by resolution.

(4) Every regulation made under this section shall be
published in the Gazette. [43

41. The Commissioner may from time to time make
orders to be called 'police general orders' as he may think
expedient not inconsistent with the provisions of this Ordin-
ance and of police regulations. Such orders in addition to
the powers hereinbefore conferred may prescribe or provide
for-
(a)discipline, training and the regulation and carrying
out of punishment;
(b) classifications and promotions;
(c) instructions and examinations;
(d) inspections, drill, exercises and parades;
(e)police services and duties of every description and
the manner in which they shall be carried out;
(f) the institution and maintenance of police messes,
canteens, reading rooms and the welfare of the
police force;
(g) departmental finance;
(h)buildings, grounds, stores, furniture and
equipment;
(i)transfers of police officers, the places at which they
shall reside and the particular services to be
performed by them;
(j) the collection and communication of intelligence
and information;





(k)the manner and form of reports, correspondence
and other records;
(l)the performance of any act which may be
necessary for the proper carrying out of the
provisions of this or any other Ordinance or any
rules or regulations made thereunder or for the
efficient discharge of any duty imposed by law
on the police force;
(m) such other matters as may be necessary and
expedient for preventing abuse or neglect of duty,
for rendering the police force efficient in the
discharge of its duties, and for carrying out the
objects of this Ordinance. [45

42. The Commissioner may issue orders of a routine
nature to be called 'headquarter orders' for the control,
direction and information of the police force provided that
such orders are not inconsistent with the provisions of
this Ordinance or police regulations or police general
orders. [46

43. Commanding officers may issue orders to be called
'routine orders' for the control, direction and information
of the police beneath their respective commands : Provided
that such orders are not inconsistent witli the provisions of
this Ordinance or police regulations, police general orders
or licadquarter orders.They may also issue 'standing
orders' for special tasks of a regular nature : Provided
that such orders are not inconsistent with the provisions of
this Ordinance, police regulations, police general orders,
headquarter orders and routine orders. [47

44. The Commissioner may delegate any of his powers
under section 35, 36, 37 Or 38 to any member of the police
force by office and such delegations will be published in
police general orders. [48

PART VII.

MISCELLANEOUS PROVISIONS.

45. (1) It shall be lawful for any police officer to
apprehend any person who may be charged with or whom
he may reasonably suspect of being guilty of any offence





without any warrant for that purpose and whether he has
seen such offence committed or not and also any person
whom he may reasonably suspect of being liable to
deportation from the Colony.

(2) If any such person forcibly resists the endeavour
to arrest him or attempts to evade the arrest, such officer
or other person may use all means necessary to effect the
arrest.

(3) If any such officer has reason to believe that any
person to be arrested has entered into or is in any place
the person residing in or in charge of such place shall on
demand of any such officer allow him free ingress thereto
and afford all reasonable facilities for search therein.

(4) If ingress to such place cannot be obtained under
subsection (3) it shall be lawful in any case for a person
acting under a warrant and in any case in which a warrant
may issue but cannot be obtained without affording the
person to be arrested an opportunity of escape from a police
officer, to enter such place and search therein and in order
to effect an entrance into such place to break open any
outer or inner door or window of any place whether that of
the person to be arrested or of any other person if, after
notification of his authority and purpose and demand of
admittance duly made, he cannot otherwise obtain
admittance.

(5) Any police officer or other person authorized to
make an arrest may break open any place in order to
liberate himself or any other person who having lawfully
entered for the purpose of making an arrest is detained
therein.

(6) Where any person is apprehended by a police
officer it shall be lawful for such officer to search for and
take possession of any newspaper book or other document
or any portion or extract therefrom and any other article or
chattel which may be found on his person or in or about
the place at which he has been apprehended and which the
said officer may reasonably suspect of throwing light on
the chara&er or activities of such person or his associate :
Provided that nothing in this subsection shall be construed
in diminution of the powers of search conferred by any
particular warrant.





(7) Whenever it appears to a magistrate upon the
oath of any person that there is reasonable cause to suspect
that there is in any building vessel (not being a ship of war
or a ship having the status of a ship of war or place any
newspaper book or other document, or any portion or
extract therefrom, or any other article or chattel which may
throw light on the character or activities of any person
liable to apprehension under this section or on the character
or activities of the associates of any such person, such
magistrate may by warrant directed to any police officer
empower him with such assistants as may be necessary by
day or by night-
(a)to enter and if necessary to break into or forcibly
enter such building vessel or place and to.search
for and take possession of any such newspaper
book or other document or portion of or extract
therefrom or any such other article or chattel which
may be found therein, and
(b)to arrest any person who may appear to have
such newspaper book or other document or portion
thereof or extract therefrom or other article or
chattel in his possession or under his control. [49

46. Every person taken into custody by a police officer
with or without a warrant, except a person detained for the
mere purpose of taking his name and residence, shall be
forthwith delivered into the custody of the officer in charge
of a police station or a police officer authorized in that
behalf by the Commissioner. [50

47. (1) Whenever any person apprehended with or
without a warrant is brought to the officer in charge of any
police station or a police officer authorized in that behalf
by the Commissioner, it shall be lawful for such officer to
inquire into the case and unless the offence appears to such
officer to be of a serious nature or unless such person
appears to such officer to be a person who ought to he
detained, to discharge the person upon his entering into a
recognizance, with or without sureties, for a reasonable
amount, to appear before a magistrate or to surrender for
service of a warrant of arrest and detention or for discharge
at the time and place named in the recognizance; but where
such person is detained in custody he shall be brought





before a magistrate as soon as practicable, unless within
forty-eight hours of his apprehension a warrant for his arrest
and detention under any law relating to deportation is
applied for, in which case he may be detained for a period
not exceeding seventy-two hours from the time of such
apprehension. Every recognizance so taken shall be of
equal obligation on the parties entering into the same and
shall be liable to the same proceedings for the estreating
thereof as if the same had been taken before a magistrate.

(2) The respective names residences and occupations
of the person so apprehended and of 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 or in the case of a person bound
by recognizance to surrender for service of a warrant of
arrestand detention or for discharge, before any magistrate ;
and if such person does not appear or has not appeared
when called upon at the time and place mentioned in the
recognizance, the magistrate shall forthwith estreat the
recognizance : Provided that if the person apprehended
appears and makes application for a postponement of the
hearing of the charge against him, the magistrate may
enlarge the recognizance to such further time as he may
think proper, and when the matter has been heard and
determined such recognizance shall be discharged without
fee or reward.

(3) If, upon a person being taken into custody as
aforesaid, it appears to the officer in charge of the police
station or a police officer authorized in that behalf by the
Commissioner that the inquiry into the case cannot be
completed forthwith, he may discharge the said person on
his entering into a recognizance, with or without sureties,
for a reasonable amount to appear at such police station and
at such time as is named in the recognizance, unless he
previously receives a notice in writing from the officer in
charge of the police station or a police officer authorized
in that behalf by the Commissioner that his attendance is
not required; and any such recognizance may be enforced
as if it were a recognizance for the appearance of the
said person before a magistrate.





(4) Whenever any person apprehended with or without
warrant is a member of His Majesty's forces it shall be
lawful for the officer in charge of a police station if he
deems fit to hand over such person to the custody of the
appropriate authority of His Majesty's forces for detention
by such authority; but where such person is so detained in
custody he shall be produced before the officer in charge
of a police station when required and, if charged, before
magistrate as soon as practicable and in any case not
later than forty-eight hours from the time of apprehen-
sion. [51

48. Ariv warrant lawfully issued for any purpose may
be executed by any police officer at any time notwith-
standing that the warrant is not in his possession at the
time, but the warrant shall, on the demand of the person
affected, be shown to him as soon as practicable after its
execution. [52

49. It shall be lawful for any police officer to stop and
search and if necessary to arrest and detain for further
inquiries any person whom he may find in any street or
other public place, or on board any vessel, or in any
conveyance, at any hour of the day or night, who acts in
a suspicious manner or whom he may suspect of having
committed or of being about to commit or of intending to
commit, any offence. [53

50. It shall be lawful for any police officer to stop,
search and detain any vessel boat vehicle horse or other
animal or thing in or upon which there in reason to suspect
that anything stolen or unlawfully obtained may be found
and also any person who may be reasonably suspected of
having or conveying in any manner anything stolen or
unlawfully obtained; and any person to whom any property
is offered to be sold or delivered, if he has reasonable cause
to suspect that any such offence has been committed with
respect to such property, or that the same or any part
thereof has been stolen or otherwise unlawfully obtained,
is hereby authorized and if it is in his power, is required
to apprehend and detain such offender and as soon as may
be to deliver him into the custody of a police officer together
with such property to be dealt with according to law. [54





51. It shall be lawful for a police officer to stop and
detain until due inquiry can be made, any person whom,
and any vehicle horse or other animal or thing which he
finds employed in removing the furniture of any house or
lodging between 8 p.m. and 6 a.m., or whenever such officer
has good grounds for believing that such removal is made
for the purpose of evading the payment of rent. [55

52. (1) When any person having charge of any vehicle
boat horse or any other animal or thing is taken into the
custody of a police officer under this Ordinance, it shall be
lawful for any such officer to take charge of such horse
vehicle or boat or such other animal or thing and to deposit
the same in some place of safe custody as a security for
payment of any penalty to which the person having had
charge thereof may become liable and of any expenses
necessarily incurred for taking charge of and keeping the
same.

(2) It shall be lawful for the magistrate before whom
the case is heard to order such vehicle boat horse or such
other animal or thing to be sold for the purpose of satisfy
ing such penalty and reasonable expenses, in default of
payment thereof, in like manner as if the same had been
subject to be distrained and had been distrained for the
payment thereof. [56

53. Notwithstanding any provision of any enactment
relating to public health or sanitation which limits the
power to institute summary proceedings in certain cases,
it shall be lawful for any police officer to institute summary
proceedings before amagistrate against any person
contravening any such provision of any Such enactment
as regulates the sale of foodstuffs elsewhere than in public
markets : Provided that nothing in this section shall be
deemed to authorize the arrest of any offender unless the
contravention is committed in a highway or other public
place. [57

54. It shall be lawful for any police officer to take the
photograph, finger-prints, weight and measurements-
(a)of any person who has been arrested tinder the
powers conferred by this or any other law; and





(b) of any person who has been convicted of any
offence :
Provided that,if any such person who has not
previously been convicted of any offence shall have been
photographed and measured, be discharged by a magistrate
or acquitted upon his trial, all photographs (both negatives
and copies) finger-print impressions and records of weight
or measurement so taken shall be forthwith destroyed or
handed over to such person. [58

55. In case any action is brought against any police
officer for any act done in obedience to the warrant of any
magistrate, such officer shall not be responsible for any
irregularity in the issuing of the warrant or for any want
of jurisdiction in the magistrate issuing the same 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. [59

56. Any keeper of any place for the entertainment of
the public whether spirituous liquors are sold thereon or
not, who knowingly harbours or entertains any police officer
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. [60

57. If any person causes, or attempts to cause, or does
any act calculated to cause disaffection amongst the members
of the police force, or induces, or attempts to induce, or does
any act calculated to induce any member of the police force
to withhold his services or to commit breaches of discipline,
he shall be guilty of an offence and shall upon summary
conviction be liable to a fine of two thousand dollars and
to imprisonment for two years. [60A

58. Any person who assaults or resists any police
officer acting in the execution of his duty, or aids or incites
any person so to assault or resists, or refuses to assist any
such officer in the execution of his duty when called upon





to do so, or who, by the giving of false information with
intent to defeat or delay the ends of justice, wilfully mis-
leads or attempts to mislead any such officer, shall upon
summary conviction be liable to a fine of two hundred and
fifty dollars and to imprisonment for six months. [61

59. If any person, not being a member of the police
force, wears without the permission of the Commissioner
the uniform of the police force, or any dress having the
appearance or bearing any of the distinctive marks of that
uniform, he shall be guilty of an offence and shall upon
summary conviction be liable to a fine of two hundred and
fifty dollars. [61 A

60. (1) On the application of any person the Commis-
sioner may, if he thinks fit, detail any police officer or
police officers to do special police duty in upon or about any
premises or business or vessel specified by the applicant.

(2) The applicant shall pay to the Commissioner for
the services of anv such officer or officers so detailed such
fees as the Commissioner may think fit.

(3) All fees so received by the Commissioner shall be
paid by him into the Treasury forthwith to the credit of
the police welfare fund 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 manner as other Crown debts
in respect of fees and otherwise under the Supreme Court
(Summary jurisdiction) Ordinance. [62

SCHEDULE. [s. 24.]

Oath or Declaration of Office.

.......................................................................................
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 police oflicer, 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
41 of 1948. 50 of 1949. 29 of 1950. Short title. Application. Interpretation. 29 of 1950, s. 2. 29 of 1950, s. 2. Administration of police force by Commissioner. Powers of Commissioner or deputy. Powers, etc. to be subject to regulations, etc. Prohibition against police officer being a member of a trade union. 29 of 1950, s. 3. (Cap. 64). Liability for service. Duties of police force. Constitution of police force. Payment of police force. Appointment, etc. of gazetted police officers. Appointment and promotion of inspectors, non-commissioned officers and constables. 29 of 1950, s. 4. Dismissal. 29 of 1950, s. 5. Interdiction. [s. 15 cont.] Warrant card. Exemption in respect of civil process. Village representative to have police powers and duties in certain cases. Police officer to be deemed on duty. Clothing Discharge and resignation of non-commissioned officer and constable. 29 of 1950, s. 7. Temporary police officers. 29 of 1950, s. 8. (Cap. 233.) [s. 22 cont.] Discharge and resignation of inspector. 29 of 1950, s. 9. Declaration of office. Schedule. Delivery of Government property on leaving the force. Desertion. Police officers to obey lawful orders. Punishment of non-commissioned officers and constables. 29 of 1950, s. 10. Punishment of inspector. 29 of 1950, s. 11. [s. 29 cont.] Threatening or insulting another officer of senior or equal rank. Reduction or dismissal after conviction. 29 of 1950, s. 12. Police officer not exempted from ordinary process of law. 29 of 1950, s. 13. (Cap. 234). [s. 32 cont.] Saving of the prerogative rights of the Crown, etc. Welfare fund. Disposal of property deposited at police stations. Disposal of unclaimed property of persons in custody on remand. (Cap. 234). [s. 36 cont.] Power to administer certain property of deceased persons. Disposal of valueless unclaimed goods or chattels. Powers of magistrates to be exercised by certain police officers. Police regulations. 50 of 1949, s. 21. 29 of 1950, s. 14. 29 of 1950, s. 14. [s. 40 cont.] Police general orders. 29 of 1950, s. 15. Headquarter orders. Routine orders and standing orders. Delegation of certain powers by Commissioner. Arrest, detention and ball of suspected persons and seizure of suspected property. [s. 45 cont.] Person arrested to be delivered to custody of police officer in charge of police station. Person arrested to be discharged on recognizance or brought before a magistrate. [s. 47 cont.] Power of arrest. Search arrest and detention. Power to stop, search and detain vessels, etc., or person suspected of conveying stolen property. Power to detain person, etc., removing furniture in night-time. Detention and sale of vehicle etc. of person apprehended. Power of arrest in case of certain offences against sanitation. Finger prints, photographs, etc. Protection of police officer acting in execution of warrant. Penalty on victualler, etc. habouring police officer while on duty. Penalty on persons causing disaffection in police force. 29 of 1950, s. 16. Penalty on person assaulting, etc. police officer in execution of duty, or [s. 50 cont.] misleading officer by false information. Penalty on unauthorized use of police uniform. 29 of 1950, s. 17. Special duty and expenses thereof. (Cap. 5). 29 of 1950, s. 18.

41 of 1948. 50 of 1949. 29 of 1950. Short title. Application. Interpretation. 29 of 1950, s. 2. 29 of 1950, s. 2. Administration of police force by Commissioner. Powers of Commissioner or deputy. Powers, etc. to be subject to regulations, etc. Prohibition against police officer being a member of a trade union. 29 of 1950, s. 3. (Cap. 64). Liability for service. Duties of police force. Constitution of police force. Payment of police force. Appointment, etc. of gazetted police officers. Appointment and promotion of inspectors, non-commissioned officers and constables. 29 of 1950, s. 4. Dismissal. 29 of 1950, s. 5. Interdiction. [s. 15 cont.] Warrant card. Exemption in respect of civil process. Village representative to have police powers and duties in certain cases. Police officer to be deemed on duty. Clothing Discharge and resignation of non-commissioned officer and constable. 29 of 1950, s. 7. Temporary police officers. 29 of 1950, s. 8. (Cap. 233.) [s. 22 cont.] Discharge and resignation of inspector. 29 of 1950, s. 9. Declaration of office. Schedule. Delivery of Government property on leaving the force. Desertion. Police officers to obey lawful orders. Punishment of non-commissioned officers and constables. 29 of 1950, s. 10. Punishment of inspector. 29 of 1950, s. 11. [s. 29 cont.] Threatening or insulting another officer of senior or equal rank. Reduction or dismissal after conviction. 29 of 1950, s. 12. Police officer not exempted from ordinary process of law. 29 of 1950, s. 13. (Cap. 234). [s. 32 cont.] Saving of the prerogative rights of the Crown, etc. Welfare fund. Disposal of property deposited at police stations. Disposal of unclaimed property of persons in custody on remand. (Cap. 234). [s. 36 cont.] Power to administer certain property of deceased persons. Disposal of valueless unclaimed goods or chattels. Powers of magistrates to be exercised by certain police officers. Police regulations. 50 of 1949, s. 21. 29 of 1950, s. 14. 29 of 1950, s. 14. [s. 40 cont.] Police general orders. 29 of 1950, s. 15. Headquarter orders. Routine orders and standing orders. Delegation of certain powers by Commissioner. Arrest, detention and ball of suspected persons and seizure of suspected property. [s. 45 cont.] Person arrested to be delivered to custody of police officer in charge of police station. Person arrested to be discharged on recognizance or brought before a magistrate. [s. 47 cont.] Power of arrest. Search arrest and detention. Power to stop, search and detain vessels, etc., or person suspected of conveying stolen property. Power to detain person, etc., removing furniture in night-time. Detention and sale of vehicle etc. of person apprehended. Power of arrest in case of certain offences against sanitation. Finger prints, photographs, etc. Protection of police officer acting in execution of warrant. Penalty on victualler, etc. habouring police officer while on duty. Penalty on persons causing disaffection in police force. 29 of 1950, s. 16. Penalty on person assaulting, etc. police officer in execution of duty, or [s. 50 cont.] misleading officer by false information. Penalty on unauthorized use of police uniform. 29 of 1950, s. 17. Special duty and expenses thereof. (Cap. 5). 29 of 1950, s. 18.

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