POLICE RESERVE ORDINANCE

POLICE RESERVE ORDINANCE

CHAPTER 233.

POLICE RESERVE.

To provide for the formation, establishment and regulation
of the Hong Kong Police Reserve.

[16th December, 1927.]

1. This Ordinance may be cited as the Police Reserve
Ordinance.

2. In this Ordinance-
'Commissioner' means the Commissioner of the Reserve,
who shall be the person holding the office of Commis-
sioner of the Hong Kong Police Force;
'reserve equipment' includes all uniform, clothing, arms,
accoutrements, ammunition, batons and other effects of
every kind supplied by the Government and issued to
a member of the Reserve;
'Reserve' means the Hong Kong Police Reserve;
'subordinate office' means every member of the Reserve
above the rank of constable except the Commissioner,
the deputy commissioners, the assistant commissioners,
the superintendents and the assistant superintendents.

3. The Governor in Council may by regulations
prescribe or provide for-
(a) the conditions of admission to the Reserve;.
(b) uniform ;
(c) equipment;
(d) weapons to be carried;
(e) drills and musketry training;
(f) duties and responsibilities of the Reserve when not
called up for active service;
(g) numbers and strength of the Reserve;
(h)appointment, duties and pay of medical officers in
connexion with the health of the Reserve;
(i) pay;
(j) conditions of resignation from the Reserve;
(k)gratuities and pensions to members of the Reserve
for wounds or injuries received whilst on duty;
(l)gratuities and pensions to widows and dependants
of members of the Reserve who are killed on duty





or whose death is directly traceable to wounds or
injuries received or exposure or illness contracted
whilst on duty;
(m)the general government and discipline of the
Reserve;
(n)such other things as may be necessary for the
carrying into effect of the provisions of this Ordin-
ance.

4. The Reserve shall consist of a Commissioner, and
such deputy commissioners, assistant commissioners, super-
intendents, assistant superi nten dents, subordinate officers
and constables as the Governor in Council may from time
to time direct.

5. The Commissioner, subject to the control of the
Governor and the provisions of this Ordinance, shall be
charged with the direction and administration of the
Reserve.

6. The Commissioner may enrol in the Reserve such
persons as offer their services in accordance with the
regulations for the time being in force provided that he
considers the persons suitable for the duties to be performed
under this Ordinance, and every person upon being enrolled
shall become a member of the Reserve and subject to the
provisions of this Ordinance.

7. (1) The deputy commissioners, assistant commis-
sioners, the superintendents and assistant superintendents
may be appointed and promoted by the Commissioner with
ihe approval of the Governor and may be dismissed by
the Governor.
(2) A subordinate officer may be appointed, promoted,
reduced or dismissed by the Commissioner.

(3) A constable may be promoted or dismissed by the
Commissioner.

(4) The Governor may require a deputy commissioner,
assistant commissioner, superintendent or assistant super-
intendent to retire from the Reserve if it appears to him
that such a person is unable to discharge efficiently the
duties which he is or may be called upon to perform as
a member of the Reserve.





(5) If it appears to the Commissioner that a subordinate
officer or constable is unable to discharge efficiently the
duties which he is or may be called upon to perform as
a member of the Reserve, the Commissioner may require
such person to retire from the Reserve.

8. Every member of the Reserve shall be supplied
with such equipment as may be prescribed by regulations.

9. (1) All Reserve equipment shall be and remain
the property of the Government.

(2) All Reserve equipment shall when required by the
Commissioner be produced or delivered up as directed by
the Commissioner.

(3) On the death of any member of the Reserve, the
person or persons into whose hands the Reserve equipment
of the deceased member may come shall forthwith return
the same to the Commissioner.

10. (1) If any member of the Reserve wilfully makes
away with, sells or pawns, or wilfully or negligently
damages, destroys or negligently loses or unlawfully refuses
or neglects to produce, deliver or deliver up, any Reserve
equipment, the value thereof shall be recoverable from him
summarily before a magistrate by the Commissioner, and
such member shall also upon summary conviction be liable
to a fine of one thousand dollars and to imprisonment for
six months.

(2) If any person knowingly buys or takes in exchange
or in pawn from any member of the Reserve or any person
acting on his behalf, or solicits or entices any member of
the Reserve to sell or pawn, or has in his possession without
lawful authority or excuse, any Reserve equipment, such
person shall upon summary conviction be liable to a fine
of one thousand dollars and imprisonment for six months.

11.(1) (a) For any purpose connected with the peace
and good order of the Colony, the Commissioner,
with the prior approval of the Governor, may, by
departmental order, call out the Reserve or any
portion or members thereof for active service.





(b)For the purpose of training, the Commissioner
may, by departmental order, call out the Reserve
or any portion or members thereof for active service
for a period to be specified in such order.

(2) Every member of the Reserve if so called out shall
be bound to assemble at such place and perform such duties
as the Commissioner shall direct.

(3) In the event that the Reserve has been called out
for active service in accordance with the provisions of
paragraph (a) of subsection (I), such service shall continue
until a departmental order is made by the Commissioner,
with the prior approval of the Governor, specifying the
date of the termination of such service.

(4) Nothing in this Ordinance shall render any member
of the Reserve liable to serve or proceed on duty without
his consent beyond the limits of the Colony.

12. Every member of the Reserve when called out for
active service shall have the same powers for the preserva-
tion of the peace, the prevention of offences, the
apprehension of offenders and for all other purposes and
shall enjoy the same privileges, protection and immunities,
as a mernber of corresponding rank in the regular police
force : Provided that nothing in this section shall be con-
strued as conferring any right to any pay, pension or
reward, or any exemption from liability to jury service. [14

13. It shall be lawful for the Commissioner-
(a)to make departmental orders as he may think fit
for the carrying out of the daily routine of the
Reserve and for regulating the internal economy
thereof ;
(b)to appoint fit persons to be instructors of the
Reserve in such subjects as he may consider neces-
sary for the efficient performance by the Reserve
of its duties;
(c)to issue such orders as he may deem necessary to
make the Reserve an efficient force and to maintain
it as such and to see that such orders are duly
obeyed;
(d)when the Reserve is not called out for active
service, to employ without pay any members of





the Reserve who volunteer for such duty to assist
the regular police in the execution of their duty.
Every member of the Reserve when so employed
shall enjoy the same rights and privileges, protec-
tion and immunities, as a member of corresponding
rank in the regular police force, except as to pay,
pension or other reward;
(e)to take full charge of the Reserve when it is called
out for active service and to issue all necessary
orders for the duties which it has been called upon
to perform and to take such steps as may be neces-
sary to see that such orders are duly executed. [15

14. It shall be the duty of every member of the
Reserve-
(a) to obey all lawful commands of his superior officer;
(b)to attend such drills and parades and to undergo
such training as may be specified in the orders
issued by the Commissioner;
(c)to make himself efficient as a member of the
Reserve;
(d)to make himself conversant with the departmental
orders and to carry out his duties under the same
and on the calling out of the Reserve to carry
out such duties as may be assigned to him;
(e)to keep his equipment in good and serviceable
order; and
(f) upon ceasing to be a member of the Reserve to
return forthwith his equipment in good order (fair
wear and tear excepted) to the Commissioner. [16

15. Any member of the Reserve who, when not called
out for active service, wilfully neglects or fails to carry
out his duty shall be liable to be reprimanded and sum
marily dismissed from the Reserve. [17

16. (1) Any member of the Reserve called out for
active service who without reasonable excuse refuses or
neglects to serve shall be liable on summary conviction to
a fine of five hundred dollars and to imprisonment for
twelve months.

(2) When called out for active service every constable
and subordinate officer not above the rank of sub-inspector





Who is guilty of any of the offences set out in subsection
(3) shall be liable to any or all of the following penalties-
(a) reduction in rank or class;
(b) a fine not exceeding twenty-five dollars;
(c) drills not exceeding ten in number;
(d)loss of pay during any period of absence from
duty;
(e) caution, warning, reprimand or severe reprimand.
These penalties may be imposed by the Commissioner or
a deputy or assistant commissioner Provided that the
penalty of reduction in rank or class shall only be imposed
by the Commissioner.
(3) The offences to which the preceding subsection
refers are as follows-
(a) drunkenness on duty or in uniform;
(b) drinking on duty;
(c) smoking on duty;
(d) insubordination or disrespect to a superior officer.;
(e)improperly disclosing information concerning police
affairs;
(f) soliciting or accepting any gratuity;
(g) unpunctuality,
(h) slovenly conduct or appearance in uniform;
(i)infringement of any regulation or departmental
order made under this Ordinance;
(j) exceed; duty, unnecessary interference or
violence
(k) bringing discredit on the force;
(l)wilfully carrying out duties in a negligent or
inefficient manner;
(m)refusal to obey lawful commands or carry out duties
assigned to him.

17. Any member of the Reserve who, within twelve
months from the date of his enrolment therein, ceases to
be a member of the Reserve either by resignation or dis
missal shall pay to the Commissioner the cost of his uniform.
The cost of the uniform may be recovered in a summary
way before a magistrate. [19

18. Whenever any member of the Reserve is by a
medical board appointed by the Governor certified to be
unfit for further service because of ill-health, the Commis-





sioner shall inform such member that he has been invalided
out of the leserve and he shall thereupon cease to be a
member of the Reserve. [20

19. It shall he lawful for the Governor upon report
made by the Commissioner to grant rewards to any member
of the Reserve vho may distinguish himself by extra
ordinary diligence, zeal or exertion in the execution of his
duties. [21

20. A person may cease to be a member of the Re-
serve by-
(a) being irwalided out of the Reserve;
(b) resignatioon in accordance with the regulations;
(c) disrinissal by the Governor or Commissioner under
the provisions of this Ordinance or the regulations
made thereunder. [22

21. Any of the powers conferred on the Commissioner
by this Ordinance may be exercised by any deputy or
assistant commissioner, superintendent or assistant super-
intendent deputed for that purpose by the Commissioner. [23

22. Any person who, not being a member of the
Reserve, puts on the dress or takes the name, designation,
or character of a member of the Reserve for the purpose
of thereby obtaining admission into any house or other
place, or of doing or procuring to be done any act which
a member of the Reserve would be entitled to do or procure
to be done of his own authority, or for any other unlawful
purpose, shall, in addition to.any other punishment to which
lie may be liable for such offence, upon summary conviction
be liable to a fine of one thousand dollars and to imprison
ment for six months. [24

23. (1) Mo person shall without lawful authority or
excuse have in his possession-
(a)any Ladge, identification document, equipment,
clothing or other thing issued to any member of
the Reserve; or
(b)any badge, identification document, equipment,
clothing or other thing usually issued to members
of the Reserve; or





(c)any badge, identification document, equipment or
clothing which so closely resembles any badge,
identification document, equipment or clothing
usually issued to members of the Reserve as to
lead to the belief that it is such badge, identification
document, equipment or clothing.

(2) No person shall without lawful authority or excuse
make, copy or sell any badge or document which so closely
resembles any badge or identification document usually
issued to a member of the Reserve as to lead to the belief
that it is such badge or identification document.

(3) Any person who contravenes any of the provisions
of this section shall upon summary conviction be liable to
a fine of one thousand dollars and to imprisonment for
six months. [25
Originally 24 of 1927. Fraser 24 of 1927. 27 of 1946. 45 of 1947. 22 of 1950. 37 of 1950. Short title. Interpretation. 37 of 1950, Schedule. Regulations. Constitution. 37 of 1950, Schedule. Administration Enrolment. Appointment, promotion, dismissal and compulsory retirement of officers and other members. 37 of 1950, Schedule. 27 of 1946, s. 7. 37 of 1950, Schedule. [s. 7 cont.] Reserve to be supplied with equipment. Reserve equipment to remain the property of the Government. Reserve equipment not to be wrongfully disposed of. 22 of 1950, Schedule. 22 of 1950, Schedule. Calling out for active service. 45 of 1947, s. 2. 45 of 1947, s. 2. Powers of members of the Reserve. 45 of 1947, s. 3. Powers of the Commissioner. [s. 13 cont.] 45 of 1947, s. 3. Duties of members of the Reserve. Penalty when not called out. Penalties when called out. 37 of 1950, Schedule. Cost of uniform if member leaves. Invaliding members out of the Reserve. [s. 18 cont.] Power to grant rewards, for extraordinary services, etc. Cessation of membership of the Reserve. Delegation of powers by Commissioner. 37 of 1950, Schedule. Impersonation of or improper assumption of character of member of the Reserve. 22 of 1950, Schedule. Unauthorized possession, manufacture or sale of badges and equipment. 22 of 1950, Schedule.

Originally 24 of 1927. Fraser 24 of 1927. 27 of 1946. 45 of 1947. 22 of 1950. 37 of 1950. Short title. Interpretation. 37 of 1950, Schedule. Regulations. Constitution. 37 of 1950, Schedule. Administration Enrolment. Appointment, promotion, dismissal and compulsory retirement of officers and other members. 37 of 1950, Schedule. 27 of 1946, s. 7. 37 of 1950, Schedule. [s. 7 cont.] Reserve to be supplied with equipment. Reserve equipment to remain the property of the Government. Reserve equipment not to be wrongfully disposed of. 22 of 1950, Schedule. 22 of 1950, Schedule. Calling out for active service. 45 of 1947, s. 2. 45 of 1947, s. 2. Powers of members of the Reserve. 45 of 1947, s. 3. Powers of the Commissioner. [s. 13 cont.] 45 of 1947, s. 3. Duties of members of the Reserve. Penalty when not called out. Penalties when called out. 37 of 1950, Schedule. Cost of uniform if member leaves. Invaliding members out of the Reserve. [s. 18 cont.] Power to grant rewards, for extraordinary services, etc. Cessation of membership of the Reserve. Delegation of powers by Commissioner. 37 of 1950, Schedule. Impersonation of or improper assumption of character of member of the Reserve. 22 of 1950, Schedule. Unauthorized possession, manufacture or sale of badges and equipment. 22 of 1950, Schedule.

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