ESSENTIAL SERVICES CORPS ORDINANCE

ESSENTIAL SERVICES CORPS ORDINANCE

LAWS OF HONG KONG

ESSENTIAL SERVICES CORPS ORDINANCE

CHAPTER 197





CHAPTER 197.

ESSENTIAL SERVICES CORPS ORDINANCE.

ARRANGEMENT OF SECTIONS

Section. Page.

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Essential services ... ... ... ... ... ... ... ... ... ... ... ... ... 2

4. Power of Governor to raise Corps ... ... ... ... ... ... ... ... ... 2

5. Financial provision ... ... ... ... ... ... ... ... ... ... ... ... 2

6. Establishment of Corps ... ... ... ... ... ... ... ... ... ... ... 2

7. Power of Governor to make regulations ... ... ... ... ... ... ... ... 2

8. Powers, etc., of member of the Corps ... ... ... ... ... ... ... ... 3

9. Indemnity ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

10. Complaints ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

11. Improper possession of arms or clothing, or assumption of character of
member of the Corps ... ... ... ... ... ... ... ... ... ... ... 4

12. Obstructing the Corps ... ... ... ... ... ... ... ... ... ... ... ... 4

Schedule........................................ ... ... ... ... ... ... ... ...
4





CHAPTER 197.

ESSENTIAL SERVICES CORPS.

To provide for the establishment of an Essential Services Corps.

[9th December, 1949.1

1. This Ordinance may be cited as the Essential Services Corps
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Corps' means the Essential Services Corps;

'essential service' means any service declared to be an essential
service in accordance with the provisions of section 3;

'member of the Corps' or 'member' means every person who has
enrolled in the Essential Services Corps and whose enrolment has
not been cancelled.

3. (1) The services specified in the Schedule shall be essential
services to which the provisions of this Ordinance apply.

(2) The Governor may by order published in the Gazette make
addition to the Schedule.

4. It shall be lawful for the Governor to raise and maintain a body of
persons to assist in the maintenance or the performance of essential
services to be known as the Essential Services Corps. The Corps shall
consist of such persons as may, in accordance with regulations made
under this Ordinance by the Governor, be accepted for service in the
Corps and also of such persons upon whom a liability to enrol in the
Corps has been imposed under the provisions of the Compulsory
Service Ordinance.

(Replaced, 27 of 1951, s. 2)

5. The Corps may be raised and maintained at the expense of the
Colony out of moneys provided by the Legislative Council.

6. The Corps may consist of such units or sub-units as may be
prescribed and upon the formation of one or more such units the Corps
shall be deemed to be established under the provisions of this
Ordinance.

7. (1) The Governor may by regulation provide in general for any
matter relating to the Corps and in particular for

(a)the procedure for enrolment in the Corps and for cancellation of
enrolment;

(b) the period for which persons may be enrolled;





(c)the organization including sub-division and government
of the Corps and the discipline of its members;

(d)the duties and obligations attaching to membership of the
Corps and the powers, privileges, and benefits conferred
by membership; (Amended, 15 of 1967, s. 2)

(e)the training of members of the Corps and the provision of
clothing, equipment and other stores; and

(f)the calling out of members for active service. (Amended,
15 qf 1967, s. 2)

(2) Any regulations so made may apply either to the Corps
as a whole or to any unit or sub-unit of the Corps:

Provided that no regulation shall require a member, unless
called out for active service, either to give full-time service or to
live away from his home.

(3) Such regulations may provide that the contravention of
any regulation shall constitute an offence and may provide for the
punishment thereof by penalties not exceeding a fine of one thousand
dollars or imprisonment for six months. (Added, 27 of 1951, s. 3)

8. Every member of the Corps authorized in that behalf by
the Commissioner of Police, whether by a particular or general
description, shall, when called out for active service, have the same
powers for the preservation of the peace, the prevention of offences,
the apprehension of offenders and for all other purposes, and the
same privileges, protection and immunities as the members of the
police force except as to pay and pension or other reward. In
addition to these powers the Governor may, by regulations made
under section 7, confer on members of the Corps authorized as
aforesaid, when called out for active service, such further powers
as the Governor may deem necessary for the proper performance
of their duties.
(Amended, 27 of 1951, s. 4, and 15 of 1967, s. 3)

9. Every member of the Corps who, in good faith, purports
to act in the exercise of any power conferred by sections 7 and 8,
shall be and is hereby indemnified and discharged from any indict-
ment, penalty, action or other proceeding for so doing.

10. Any member who feels that he has a just cause for com-
plaint in any matter relating to the Corps may present his complaint
to the Commissioner of the Essential Services Corps, through the
Unit Controller of his unit with a right of appeal to the Governor
whose decision shall be final.
(Added, 27 of 1951, s. 5)





11. (1) Any person, not being a member of the Corps who-

(a)has in his possession any article being part of the clothing,
accoutrements or appointments supplied to any member of the
Corps and is not able satisfactorily to account for his
possession thereof;

(b)puts on the dress or takes the name, designation or character
of any member of the Corps for the purpose of thereby
obtaining admission into any house or other place or of doing
or procuring to be done any act which any such member 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 he may be liable for
such offence, be liable on summary conviction to a fine of five thousand
dollars and to imprisonment for two years.

(2) If any person knowingly buys or takes in exchange or in pawn
from any member of the Corps or any person acting on his behalf, or
solicits or entices any such member to sell or pawn any article being part
of the clothing, accoutrements or appointments supplied to any member
of the Corps, such person shall be liable on summary conviction to a fine
of five thousand dollars and to imprisonment for two years.

12. Any person who wilfully obstructs any part of the Corps or any
member in the performance of any service or duty under this Ordinance
or regulations shall be guilty of an offence and shall be liable on
summary conviction to a fine of one thousand dollars and to
imprisonment for six months.

(Added, 27 of 1951, s. 5)

SCHEDULE. [s. 3]
1. The administration of government;
2. The administration of justice;
3. The administration of the prisons;
4. The control and operation of civil aviation;
5. The dissemination of information to the public;
6. The extraction and distribution of coal-gas;
7. The generation and distribution of electricity;
8. The maintenance of facilities for banking and public finance;

9. The maintenance of communications including telecommunications and the
postal service;

10. The maintenance of the firefighting services;

11. The maintenance of medical, health and sanitary services;
12. The operation of land and water transport;





13. The operation of the Port;

14. The operation of the Royal Observatory;

15. The performance of emergency public works;

16. The procurement, storage and distribution of foodstuffs;

17. The procurement, storage and distribution of lubricating and fuel oils;

18. The procurement, storage and distribution of government stores;

19. The storage and distribution of fresh water;

20. The procurement, storage and distribution of coal and firewood;

21. The operation of canteens under the direction of Government;

22. The maintenance of the Civil Aid Services;

23. The care of workers in the essential services and their dependants;

and essential gases.

(Amended, 27 of 1951, s. 6, and G.N.A. 35152)
Originally 51 of 1949. (Cap. 197, 1950.) 27 of 1951. G.N.A. 35/52. 3 of 1961. 15 of 1967. Short title. Interpretation. Essential services. Schedule. Power of Governor to raise Corps. (Cap. 246.) financial provision. Establishment of Corps. Power of Governor to make regulations. Powers, etc., of member of the Corps. Indemnity. Complaints. Improper possession of arms or clothing, or assumption of character of member of the Corps. Obstructing the Corps.

Originally 51 of 1949. (Cap. 197, 1950.) 27 of 1951. G.N.A. 35/52. 3 of 1961. 15 of 1967. Short title. Interpretation. Essential services. Schedule. Power of Governor to raise Corps. (Cap. 246.) financial provision. Establishment of Corps. Power of Governor to make regulations. Powers, etc., of member of the Corps. Indemnity. Complaints. Improper possession of arms or clothing, or assumption of character of member of the Corps. Obstructing the Corps.

https://oelawhk.lib.hku.hk/items/show/2821

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