POLICE FORCE ORDINANCE

POLICE FORCE ORDINANCE

06

LAWS KONG
OF HONG

A.

POLICE FORCE ORDI

CHAPTER 232

REVISED EDITION 1984

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





. 1984 Ed.] Police Force ICAP. 232 1

CHAPTER 232
POLICE FORCE ORDINANCE

ARRANGEMENT OF SECTIONS
Section page
PART 1
PRELIMINARY

1. Short title....................... ... ... ... ... ... ... ... ... .... ... 4
2. Application....................... ... ... ... ... ... ... ... ... ... ... 4
3. Interpretation..................... ... ... ... ... ... ... ... ... 4
4. Administration of police force bk Commissioner

5. Powers of Commissioner or deputy ... 1 ... ... ... ... ... ... ... ... ...
6. Powers. etc. to be subject to regulations. etc . ... ... ... ... ... ... ... ...
7. Delegation of powers ...................... ... ... ... ... ... ... ... 5
8. Prohibition against police officer being a member of a trade union ... ... ...
9. Liability for service .................. ... ... ... ... ... ... ... ... 6
10. Duties of police force ................... ... ... ... ... ... ... ... ... 6

PART 11

CONSTITUTION OF POLICE FORCE

11. Constitution of police force ... ... ... ... ... ... ... ... ... ... ... 7

12. Payment of police force ... ... ... ... ... ... ... ... ... ... ... ... 7
13. Appointment. etc. of gazetted police officers ... ... ... ... ... ... ... ... 7
14. Appointment and promotion of inspectors. non-commissioned officers and
constables ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
15. Dismissal ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
16. Termination of service in the public interest ... ... ... ... ... ... ... ... 8

17. Interdiction ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
18. Warrant card ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
19. Exemption in respect of civil process ... ... ... ... ... ... ... ... ... ... 8
20. Village representative to have police powers and duties in certain cases ... ... 9
21. Police officer to be deemed on duty ... ... ... ... ... ... ... ... ... ... 9
22. Clothing ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
23. Discharge and resignation of non-commissioned officer and constable ... ... ... 9
24. Temporary police officers ... ... ... ... ... ... ... ... ... ... ... ... M
25. Discharge and resignation of inspector ... ... ... ... ... ... ... ... ... M
26. Declaration of office ... ... ... ... ... ... ... ... ... ... ... ... ... 10
27. Delivery of Government properly on leaving the force ..: ... ... ... ... ... 11
28. Desertion ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11
29. Absence from duty................ ... ... ... ... ... ... ... ... ... ... 11





2 CAP. 2321 Police Force [1984
Section Page
PART III
DISCIPLINE AND DUTIES

30. Police officers to obey lawful orders ... ... ... ... ... ... ... ... ... ... 11
31. Summary dismissal ... ... ... ... ... ... ... ... ... ... ... ... ... 11

32. Punishment of non-commissioned officers and constables ... ... ... ... ... 12
33. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12

34. Threatening or insulting another officer of senior or equal rank ... ... ... ... 12
35-36. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
37. Conviction of police officer ... ... ... ... ... ... ... ... ... ... ... ... 12

38. Saving of the prerogative rights of the Crown. etc . ... ... ... ... ... ... ... 13

PART IV

WELFARE FUND

39. Welfare fund ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13

PART V

UNCLAIMED PROPERTY AND INTESTATE ESTATES

40. Disposal of property deposited at police stations ... ... ... ... ... .... 14
41. Disposal of unclaimed property of persons in custody on remand---111 15
42. Power to administer certain property of deceased persons ... ... ... ... ... 15
43. Disposal of valueless unclaimed goods or chattels ... ... ... ... ... ... ... 16

PART VI

PROCEDURE

44. Powers of magistrates to be exercised by, certain police officers ... ... ... ... 16
45. Police regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... 16
46. Police general orders ... ... ... ... . ... ... ... ... ... ... ... ... ... 17
47. Headquarter orders ... ... ... ... ... ... ... ... ... ... ... ... ... 17
48. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
49. Delegation of certain powers by Commissioner ... ... ... ... ... ... ... 18

PART VII

MISCELLANEOUS PROVISIONS

so. Arrest, detention and bail of suspected persons and seizure of suspected property 18
51. Person arrested to be delivered to custody of police officer in charge of police
station ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

52. Person arrested to be discharged on recognizance or brought before a magistrate





1984 Ed.] Police Force [CAP. 232 3

Section Page------
53............Power of arrest .................... ... ... ... ... ... ... ... ... ... 21

54..................Search, arrest and detention ... ... ... ... ... ... ... ... ... ... 21
55. Power to stop, search and detain vessels, etc., or person suspected of conveying
stolen property ........................... ... ... ... ... ... ... ... 21

56..................................Power to detain person, etc., removing furniture in night-time ... 21
57................................Detention and sale of vehicle, etc. of person apprehended ... ... ... ... -)l
58................................Power of arrest in case of certain offences against sanitation ... ... ... ... 22

59..................Finger-prints, photographs, etc . ... ... ... ... ... ... ... ... ... ... 22

60................................Protection of police officer acting in execution of warrant ... ... ... ... 22
61................................Penalty on victualler, etc. harbouring police officer while on duty ... ... ... 22

62.............................Penalty on persons causing disaffection in police force ... ... ... ... ... 23
63. Penalty on person assaulting. etc. police officer in execution of duty. or misleading
officer by false information .............. ... ... ... ... ... ... 23

64..................................Offence of making false report of commission of offence, etc. ... ... ... 23

65...........................Penalty on unauthorized use of police uniform ... ... ... ... ... ... 23
66...........................Special duty and expenses thereof ... ... ... ... ... ... ...

67. Power of Commissioner to require information from banks and deposit-taking
companies ................................ ... ... ... ... ... ... ... 24

Schedule. Oath or Declaration of Office ........ ... ... ... ... ... ... ... ... 26





4 CAP. 232] . Police Force [1984 Ed.

CHAPTER 232
POLICE FORCE

OriLinall To aniend and consolidate the lati. relating to the policeforce.
41 of 1948.
(Cap. 232, 1950.)

50 of 1949.
29 of 1950.
13 of 1953.
2 of 1959.
16 of 1959.
53 of 1960.
11 of 1968.
29 of 1969.
23 of 1972.
37 of 1974.
17 of 1975.
37 of 1976.
35 of l977.
42 of 1977.
63 of 1977.
69 of 1977.
36 of 1978.
74 of 1980.
12 of 1982.
54 of 1983.

G. N. A. 201/48. [20 August 1948.]

PART I

PRELIMINARY

Short title. 1. This Ordinance may be cited as the Police Force Ordinance.
Application. 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.
Interpretation. 3. In this Ordinance. unless the context otherwise requires-

'Commissioner' means the Commissioner of Police of the Colony
or a deputy commissioner; (Replaced, 13 of 1953, s. 2)

'gazetted police officer' includes officers of all ranks from and
including the Commissioner down to and including superin-.
tendent; (Amended, 37 of 1974, s. 2)

'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 sergeant and also means detec-
tives of corresponding ranks; (Amended, 42 of 1977, s. 2)

'police cadet' means a person undergoing training at the Royal
Hong Kong Police Cadet School; (Replaced, 37 of 1974, s. 2)

'police constable' or 'constable- means a police officer under the
rank of sergeant and also means detective police constable or
detective constable; (Amended; 42 of1977, s. 2)





1984 Ed.] Police Force [CAP. 232 5


'police officer' includes any member of the police force, but does
not include a police cadet; (Amended, 37 of 1974, s. 2)
'police regulations' means regulations made in exercise of the
powers conferred by section 45 and any regulations continued
or continuing in force upon the enactment of this Ordinance;
'police welfare fund' means the fund established under section 39.
(Amended, 29 of 1950, s. 2 and 42 of 1977, s. 2)
4. The Commissioner, subject to the orders and control of the
Governor, shall be charged with the supreme direction and adminis- force by
tration 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) Save where the contrary intention appears from the
context of any enactment and subject to any special instructions of
the Commissioner, a deputy commissioner may exercise or discharge
any of the powers or duties which the Commissioner by any
enactment is entitled to exercise or required to discharge.
(2) Save where the contrary intention appears from the con-
text of any enactment and subject to any special instructions of the
Governor, the Commissioner may authorize any police officer not
below the rank of station sergeant, or any public officer attached to
the police force not below a grade or rank equivalent to that of
station sergeant, by name, office or appointment, to exercise or
discharge any of the powers or duties which the Commissioner by
any enactment is entitled to exercise or required to discharge.
(Amended, 42 of 1977, s. 3)
(3) For the avoidance of doubt, nothing in this section shall
be deemed to derogate from any power of delegation conferred
upon the Commissioner by the provisions of any other enactment.
(Added, 53 of 1960, s. 2)
8. (1) It shall not be lawful for a police officer to be a
member of any trade union and any police officer who contravenes
officer being a
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 3 of the Trade
Unions Ordinance.

(3) The Commissioner may-
(a)establish such associations as he may think fit, composed
only of police officers;





6 CAP. 2321 Police Force [1984 Ed.

(b)recognize any association composed only of police officers.
(Added, 23 of 1972, s. 2. Amended, 69 of 1977, s. 2)

(4) The Commissioner may seek the advice of any such
association on any matter relating to the welfare and conditions of
service of all or any police officers. (Added, 23 of 1972, s. 2)

(5) An association established or recognized under sub-
section (3) shall not be a trade union for the purposes of this section
or of any other law. (Added, 23 of 1972, s. 2)
(Added, 29 of 1950, s. 3)

9.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.
10. 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 exists;

(e)regulating processions and assemblies in public places or
places of public resort;

(f)controlling traffic upon public thoroughfares and remov-
ing 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 registra-
tion laws;

(i)assisting in preserving order in the waters of the Colony
and in enforcing port and maritime regulation therein;

(j)executing summonses, subpoenas, warrants, commitments
and other process issued by the courts;

(k) exhibiting informations and conducting prosecutions;

(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;

(0) protecting public property from loss or injury;





1984 Ed.] Police Force (CAP. 232 7

(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.

PART II

CONSTITUTION OF POLICE FORCE

11. 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 Legislative Council.
12. Provisions for the payment and maintenance of the police
force under this Ordinance shall be by charges on the general
revenue 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.

13. (1) A gazetted police officer shall be appointed. inter-
dicted, suspended or dismissed according to the terms of the
Colonial Regulations and the regulations of the Hong Kong
Government for the time being in force but subject nevertheless to
any special conditions of his appointment. (Amended, 53 of 1960,
s.3)
(2) Notwithstanding subsection (1), a gazetted police officer
may not resign from the police force except by-
(a) giving to the Commissioner 3 months' notice in writing of
his intention to resign; or
(b) with the prior consent of the Commissioner, paying into
the Treasury 1 month's salary in lieu of notice. (Added,
17 of 1975, s. 2)
14. (1) An inspector may be appointed and promoted by the
Commissioner.
(2) [Deleted, 12 qf 1082, s. 21

(3) A non-commissioned officer or constable may be ap-
pointed, advanced in salary or promoted by the Commissioner.
(Amended, 42 of 1977, s. 4)
(4) A non-commissioned officer may be reverted in rank by
the Commissioner.
(Replaced, 29 of 1950, s. 4)





8 CAP. 232) Police Force [1984 Ed.
15. Subject to section 13(1) a police officer may be dismissed
under the provisions of this Ordinance or by virtue of the rights
reserved by section 38.
(Replaced, 42 of 1977, s. 5)
16. The service of any police officer may be terminated in
accordance with the Colonial Regulations on the ground that,
1
having regard to the conditions of the public service, the usefulness
of the police officer thereto and all other circumstances of the case,
such termination is desirable in the public interest.
(Added, 53 of 1960, s. 5)
17. (1) If the Commissioner considers that the public interest
requires that a police officer other than a gazetted police officer
should cease to exercise the powers and functions of his office
forthwith, he may interdict the police officer from the exercise of
such powers and functions where- (Amended, 12 of 1982, s. 3)
(a)disciplinary or criminal proceedings are being instituted or
are about to be instituted against such officer; or
(b)such officer is the subject of an inquiry into his conduct in
connexion with his duties as a police officer or the subject
of an investigation into any report. allegation or suspicion
that he has committed an offence.
(2) A police officer who has been interdicted under-
(a)subsection (1)(a), shall be allowed to receive such propor-
tion of his pay, not being less than one-half, as the
Commissioner shall in every case direct, until such time as
he may be convicted of an offence whereupon the matter
shall be determined under section 37(4);
(b)subsection (1)(b), shall not on that account receive less
than his full pay.
(3)If the proceedings, inquiry or investigation do not result in
the dismissal or other punishment of such officer, he shall be entitled
to the full amount of the pay which he would have received if he had
not been interdicted.
(4)If the proceedings, inquiry or investigation result in pun-
ishment other than the dismissal of such officer, he may be paid such
proportion of the pay withheld as a result of his interdiction as the
Commissioner may direct.
(Replaced, 42 of 1977, s. 6)

18. A warrant card shall be issued to every police officer, and
shall be evidence of his appointment under this Ordinance.
19.(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 transferable;
(Amended, 74 of 1980, s. 10)





1984 Ed.] 1 Police Force ICAP. 232 9

(b) [Deleted, 74 of 1980, s. 10]

(2) The provisions of subsection (1) shall not apply to-

(a) a debt due to Her Majesty or to the Government;

(b) a fine imposed by law;

(c)an order for the payment of alimony or maintenance made
by any court;

(d)an assignment made under the Public Officers (Assignment (Cap. 363.)
of Emoluments) Ordinance. (Added, 74 of 1980, s. 10)

(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 estates for the.purpose of bankruptcy.

20. 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.

21. 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.

22. 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 accord-
ing to police orders.
23. (1) Without prejudice to the provisions of section 38, a
non-commissioned officer or constable who has not completed 10

years of service may be discharged from the police force by the
Commissioner by 1 month's notice in writing or paying him 1
month's salary in lieu of notice.
(Amended, 13 qf 1953, s. 4)

(2) A non-commissioned officer or constable may resign from
the police force by giving to the Commissioner 1 month's notice in
writing or, with the prior consent of the Commissioner, by paying
into the Treasury 1 month's salary in lieu of notice of his intention to
resign from the police force: (Amended, 13 o0953, s. 4)

Provided that the Commissioner may, on compassionate
grounds or where he considers it to be in the best interests of the
police force, accept a shorter period of notice or the payment of a
lesser amount of salary in lieu of notice. (Added, 12 of 1982, s. 4)
(Replaced, 29 of 1950, s. 7)





10 CAP. 232] Police Force [1984 Ed.

24. (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 and 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 Royal Hong Kong Auxiliary Police Force,
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. (Aniended, 2 of 1959, Second Schedule and 29
of 1969, s. 2)

(3) A temporary police officer may be discharged at any time
after 1 month's notice in writing or may resign upon giving the
Commissioner 1 month's notice in writing or, with the prior consent
of the Commissioner, by paying into the Treasury 1 month's salary
in lieu of notice. (Amended, 13 of 1953, s. 5)
(Replaced, 29 of 1950, s. 8)

25. (1) Without prejudice to the provisions of section 38. the

Commissioner may at any time prior to the confirmation in his
appointment of an inspector discharge an inspector from the police
force by giving him 3 months' notice in writing or paying to him 1
month's salary in lieu of notice:
Provided that where such inspector was serving as a constable
or non-commissioned officer immediately prior to his appointment
as an inspector, he shall not be discharged under the provisions of
this subsection, but the Commissioner may, at any time prior to the
confirmation of such inspector as aforesaid, revert him to the rank
which he held immediately before his appointment as inspector.
(Added, 13 of 1953, s. 6. Amended, 12 of 1982, s. 5)
(2) An inspector may resign from the police force by giving to
the Commissioner 3 months' notice in writing of his intention to
resign or, with the prior consent of the Commissioner, by paying
into the Treasury 1 month's salary in lieu of notice: (Amended, 13
of 1953, s. 6)
Provided that the Commissioner may, on compassionate
grounds or where he considers it to be in the best interests of the
police force, accept a shorter period of notice or the payment of a
lesser amount of salary in lieu of notice. (Added, 12 of 1982, s. 5)
(Replaced, 29 of1950, s. 9)
26. Every police officer shall, before entering on the duties of
his office, take before a magistrate, justice of the peace or gazetted
police officer an oath or declaration of office in the form prescribed
in the Schedule.
(Amended, 11 of 1968, Schedule)





1984 Ed.] Police Force [CAP. 232

27. (1) Every police officer who by resignation, dismissal,
discharge or otherwise leaves the police force, shall before leaving

deliver up each and every, article of uniform, clothing, arms. ac-
coutrements 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 $100 or to imprisonment
for 3 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.

28. Any police officer who deserts shall he liable on summary Desertion.
conviction to imprisonment for 12 months and all arrears of pay due
to him shall be forfeited.

29. Whenever it is alleged that any inspector. non-
commissioned officer or constable has been absent from duty
without leave for a period of not less than 21 days, a gazetted police
officer appointed by the Commissioner shall inquire into the fact and
circumstances of such absence, and if he is satisfied that such person
was absent from duty for a period of not less than 21 days without
leave or other sufficient cause, he shall so declare, and such declara-
tion shall for the purposes of section 37 be deemed to be a conviction
under section 28.
(Added, 13 of 1953, s. 7. Amended, 12 of 1982, s. 6)

PART III

DISCIPLINE AND DUTIES

30. 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 regulafions and orders made under this
Ordinance.

31. (1) Notwithstanding any provision of this Ordinance and
any other law, provision of Colonial Regulations or the Regulations
of the Government to the contrary, and without prejudice to section
38, the Commissioner may summarily dismiss any police officer
whom he is satisfied is guilty of contravening police regulations, or
any police orders whether given verbally or in writing. (Amended,
12 of 1982, s. 7)

(2) The Governor may, if he thinks fit in any particular case.
declare that volice officer dismissed under subsection (1) shall for
the purposes only of the Pensions Ordinance be deemed to have
retired from the public service in accordance with section 6(d) of the
Pensions Ordinance.


(Added, 63 of 1977, s. 2)





12 CAP. 232] Police Force [1984 Ed.

32. Any non-commissioned officer or constable found guilty of
an offence against discipline under regulations made under section

45 and required to resign or dismissed for failure to do so, shall not
receive salary in lieu of notice.
(Replaced, 42 of 1977, s. 8)

33. [Repealed, 42 of 1977, s. 91

34. 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
summary conviction to a fine of $500 or to imprisonment for 1 year.

35-36. [Repealed, 42 of 1977, s. 9]

37. (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 court of any
crime or offence shall be tried departmentally on the same charge.
(3) A sentence passed upon a police officer subject to this
Ordinance shall be in no respect affected by such officer ceasing to be
subject to this Ordinance by discharge or otherwise.
(4) No pay or allowance shall be payable to any police officer
following the date of the finding by a court in criminal proceedings
that a charge against such officer in respect of a criminal offence has
been proved against him unless the approval of the Commissioner of
such payment be given. (Amended, 12 of 1982, s. 8)
(5) A police officer in respect of whom a court has found in
criminal proceedings that a charge against him in respect of a
criminal offence has been proved and whose appeal or other
application for review of those proceedings is not allowed or is
abandoned or withdrawn, may be dismissed, compulsorily retired
with pension, gratuity or other allowances, without such benefits or
with reduced benefits, reduced or reverted in rank or subjected to a
lesser punishment- (Amended, 12 of 1982, s. 8)
(a) by the Governor in the case of an inspector who has been
confirmed in his appointment, subject to any conditions of
his appointment; and
(b) by the Commissioner in the case of
(i) an inspector who has not been confirmed in his
appointment; or
(ii) a non-commissioned officer; or
(iii) a police constable:
Provided that an inspector shall not be reduced or reverted to a
rank lower than inspector.





1984 Ed.] Police Force [CAP. 232

(6) Any station sergeant or sergeant dismissed under subsec-
tion (5) shall be reduced to the rank of constable before dismissal.

(71) Where a police officer is dismissed under paragraph (5) any
arrears of pay due to him may be forfeited by order of-

(a)the Governor in the case of an inspector who has been
confirmed in his appointment subject to any conditions of
his appointment; and

(b) by the Commissioner in the case of-
(i) an inspector who has not been confirmed in his
appointment, or
(ii) a non-commissioned officer; or
(iii) a police constable.

(8) In subsections (4) and (5) 'criminal proceedings' and
'criminal offence' include, respectively

(a) criminal proceedings in; and

(b) a criminal offence against the law of.

any place outside Hong Kong. (Added, 12 of 1982, s. 8)
(Replaced, 42 of 1977, s. 10)


38. 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.

PART IV

WELFARE FUND

39. (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 magis-
trate or competent court under the powers conferred by
this Ordinance,

(b) all sums paid for hire of police officers;

(c)all sums ordered to be forfeited. and all sums being the
proceeds arising from the sale of property ordered to be
forfeited. in the course of proceedings or investigations
under police regulations: (Replaced, 12 of 1982, s. 9)

(d) any donations and voluntary contributions;

(e)such sums as may be voted annually by the Legislative
Council.





14 CAP. 2321 Police Force [1984 Ed.

(3) The fund shall be controlled by the Commissioner subject
to police regulations and applied to the purpose of-

(a)recompensing police officers and public officers attached
to the police force for extra services rendered by them;
(Amended, 42 of 1977, s. 11)

(b)procuring for police officers and public officers attached
to the police force who are serving or who have been
retired on pension or gratuity, comforts, convenience or
other advantages not chargeable to the public revenue;
(Amended, 42 of 1977, s. 11)

(c)granting loans to police officers and public officers attached
to the police force who are serving or who have been retired
on pension or gratuity; (Amended, 42 of 1977, s. 11
and 36 of 19 78, s. 2)

(d)procuring for police cadets comforts, conveniences and
other advantages not chargeable to the public revenue;
(Added, 3 7 of 1974, s. 3)

(e)making grants to persons who were wholly or partially
dependent at the time of his death on-
(i) a deceased police officer or a deceased former police
officer who had retired on pension or gratuity; or
(ii) a deceased person who was at any time a public
officer attached to the police force and who died in service
or who had retired on pension or gratuity,
and who are in need of financial assistance, whether
towards the payment of the funeral expenses of the
deceased or otherwise. (Added, 36 of 1978, s. 2)

PART V

UNCLAIMED PROPERTY AND INTESTATE ESTATES

40. (1) Particulars of any property which comes into the
custody or possession of the police other than in connexion with any
criminal charge or under section 42 shall be forwarded to the

Commissioner.
(2) If any person shall establish his title to such property to the
satisfaction of the Commissioner within 3 months after the property
comes into the custody or possession 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 3 months, the property may be returned to the
finder (if any) not being a member of the police force on payment by
him of such expenses.





1984 Ed.] Police Force [CAP. 232 15

(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 he awarded by the
Commissioner 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 pos-
session 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.
41. 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 Ordinance or of the Prisons Ordinance,
or of any regulations or orders made thereunder, which remains
unclaimed by any such person for a period of 1 month from the
discharae of such person from custody, may be sold and after
deduction of expenses reasonably, incurred the proceeds of sale shall
be paid into the Treasury.

42. (1) Whenever any person dies leaving goods and chattels
in the Coloriv under S5,000 in value, which gooll 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. (Amended, 12 of 1982,
s. 10)
(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 (1).
(3) The Commissioner may, at his discretion, before making
any order under subsections (1) and (2). take such security as he may;
think proper for the due administration 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 pursuant to
such order.
(4) Any goods and chattels taken charge of under this section
and not claimed within the period of 1 month, may be sold and the
proceeds of sale shall be paid into the Treasury:





16 CAP. 2321 Police Force [1984 Ed.

Provided always that if at any time thereafter 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.

43. If goods and chattels of the nature specified in sections 40,
41 and 42 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 Commissioner may order such property to be
destroyed or otherwise disposed of as he thinks fit.

PART VI
PROCEDURE

44. 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 as is necessary to enable them to
exercise such jurisdiction.
45. (1 ) The Governor in Council may make such regulations
to be called 'police regulations' as he may think expedient not in-
consistent 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: (Added 29 of 1950, s. 14)
(b) organization and distribution;
(c) appointments. the award of allowances, resignations,
discharges, dismissals, reductions and reversions;
(Amended, 29 of 195O, s. 14)
(d) discipline and punishments and for compensation to be
paid to the Government by an officer for loss or damage of
any property entrusted or supplied to him in his capacity
as an officer, or of any Government property, and for
reimbursement of the Government of any compensation or
money reasonably paid by the Government. whether ex-
gratia or otherwise, in respect of loss or damage of any
property for the care or custody of which the officer is
responsible. or where such loss or damage results from the
neglect or fault of the officer; (Amended, 42 of 1977.s. 12)
(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;





1984 Ed.] Police Force [CAP. 232 17

(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 the objects of this Ordinance.

(2) The power to make regulations providing for discipline
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 suspension of punishment awarded.
AI- for the review of an appeal from the findings and awards of such
tribunals, for appeals against the award of the Commissioner, for
limiting the powers of punishment exercisable by any appropriate
tribunal, for the seizure and detention of any property reasonably
suspected to be the property of a police officer which is required or
likely to be required for the purposes of investigating a disciplinary

offence and for the subsequent disposal. whether by sale or other-
wise, of any property so seized and detained, for the forfeiture of any
property admitted as an exhibit in any disciplinary, proceedings and
for the subsequent disposal, whether by sale or otherwise, of any
property so admitted 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 the regulations. (Added, 29 of 1950, s. 14. Amended, 42 of
1977, s. 12 and 12 of 1982, s. 11)

(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 pub-
lished in the Gazette.

46. (1) Subject to subsection (2), the Commissioner may from
time to time make such orders as he thinks expedient to enable him

to administer the police force, render the police force efficient in the
discharge of its duties and for carrying out the objects and provi-
sions of this Ordinance, and in addition, such orders may provide
for any of the matters specified in section 45.

(2) Any orders made under this section shall be called 'police
general orders' and shall not be inconsistent with this Ordinance or
any regulations under section 45.
Replaced, 42 of1977. s. 13

47. The Commissioner may issue orders of a routine nature Headquarter
to be called 'headquarter orders' for the control, direction and orders.





CAP. 2321 Police Force [1984 Ed.

information of the police force provided that such orders are not
inconsistent with the provisions of this Ordinance or police regula-
tions or police general orders.

48. [Repealed, 42 of 1977, s. 14]

49. The Commissioner may delegate any of his powers under
section 40, 41, 42 or 43 to any member of the police force by office or

any public officer attached to the police force and such delegations
will be published in police general orders.
(Amended, 42 of 1977, s. 15)

PART VII
MISCELLANEOUS PROVISION'S

50. (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 frorn the Colony.

(2) If any such person forcibly resists the endeavour to arrest
hirn 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 subsec-
tion (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





1984 Ed.] Police Force [CAP. 232 19



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 character 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 docu-
ment 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 news-
paper, book or other document or portion thereof or
extract therefrom or other article or chattel in his posses-
sion or under his control.

51. 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.

52. (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 be
detained, to discharge the person upon his entering into a recogni-
zance, 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
48 hours of his apprehension a warrant for his arrest and detention
under any law relating to deportation is applied for, in which case he





20 CAP. 232] Police Force [1984 Ed.

may be detained for a period not exceeding 72 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 sarne 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 arrest and 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 stationor 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.

(3A) (a) Any such police officer may also discharge any such
person if such person or a surety, or both such person and
a surety, deposit with the officer such sum of money as the
officer may specify having regard to all the circumstances.
including the seriousness of the alleged oftence, the circum-
stances of such person and the day on or the time at which
such sum is to be deposited.

(b)If a person so discharged does not appear before a magis-
trate, or at such other place as the officer may have
specified, at such time as the officer may have specified.
a magistrate may order any sum deposited under para-
graph (a) to be forfeited. (Added, 37 of 1976, s. 2)

(4) Whenever any person apprehended with or without war-
rant is a member of Her Majesty's forces it shall be lawful for the





1984 Ed.] Police Force [CAP. 232

officer in charge of a police station if he deems fit to hand over such
person to the custody of the appropriate authority, of Her 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 a magistrate
as soon as practicable and in any case not later than 48 hours from
the time of apprehension.

53. Any warrant lawfully issued for any purpose may be
executed by any police officer at any time notwithstanding that the
warrant is not in his possession at the time, but the warrant shall, oil
the demand of the person affected, be shown to him as soon as
practicable after its execution.

54. 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 whorn lie may suspect of
committed or of beino about to commit or of intending to commit,
any offence.

55. It shall be lawful for any police officer to stop. search and
detain any vessel, boat, vehiele, horse or other animal or thing in
or upon which there is 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 any
thing stolen or unlawfully obtained; and an 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 accordine to law.

56. It shall be lawful for a police officer to stop and detain until

due inquiry can be made, any person whom, and an 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.

57. (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 forpayment ofartypenalty to which the pers-011
having had charge thereof may become liable and of any expenses
necessarily incurred for taking charge of and keeping the same.





22 CAP. 232] Police Force [1984 Ed.

(2) It shall be lawful for the magistrate before whom the case is
beard to order such vehicle, boat, horse or such other animal or
thing to be sold for the purpose of satisfying 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.

58. 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 a magistrate
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.

59. It shall be lawful for any police officer to take the photo-
graph, finger-prints, weight and measurements-
(a) of any person who has been arrested under 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 rneas-
ured, 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.
60. 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 judg-
ment for the defendant who shall also recover double his costs
of suit.

61. 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 be liable on summary
conviction to a fine of $250.





1984 Ed.] Police Force [CAP. 232 23

62. 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 be liable on summary conviction to a fine of $2,000 and to
imprisonment for 2 years.
(Added, 29 of 1950, s. 16)

63. 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
misleads or attempts to mislead any such officer, shall be liable on
summary conviction to a fine of $5.000 and to imprisonment for 6
months.
(Amended, 42 of 1977. s, 16)

64. Any person who knowingly-
(a) makes or causes to be made to any, police officer a false
report of the commission of any offence: or

(b) misleads any police officer by giving false information or
by making falsc statements or accusations.
shall be guilty of an ofTence and shall be liable on summary
conviction to a fine of $1,000 and to imprisonment for 6 months.
(Added, 16 of 1959, s. 2)
65. 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, lie shall be guilty
of an offence and shall be liable on summary conviction to a fine
of $250.
(Added, 29 of 1950, s. 17)
66. (1) On the application of any person the Commissioner
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 any 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.




24 CAP. 232] Police Force [1984 Ed.

67.(1) Where it appears to the Commissioner-

(a)that there is reasonable cause to suspect that an indictable

offence has been committed; and

(b)that it is expedient for the purpose of investigating such
offence or apprehending the offender to exercise the power
conferred by this subsection.

the Commissioner may, by notice in writing, require any bank or
deposit-taking company specified in the notice to notify him in such
manner and within such reasonable period as rnay be so specified
whether-

(i)any person specified in the notice has or, so far as the
bank's or company's records disclose. has had an account
in Hong Kong with Such bank or deposit-taking company;
or

(11) in the case of a bank, such bank----

(A) provides or, so far as the bank's records disclose,
did provide a safety deposit box in Hong Kong for such
person or to which such person is, according to the bank's
records, permitted to have access; or

(B) holds or, so far as the bank's records disclose, has
held in its custody in Hong Kong any property for such
person or to which such person is, according to the bank's
records, permitted to have access.

(2) Before the period specified in a notice under subsection (1)
expires, the Commissioner may by notice in writing extend such
period by substituting therefor such longer period as lie may deein
appropriate; and a reference in subsection (4) to the requirements of
a notice shall, in respect of a requirement relating to such period, be
construed as a reference to a requirement relating to such period as
so extended.

(3) A notice under this section may be served by registered
post, and any such notice shall be deemed to have been properly
served on any bank or deposit-taking company if a letter containing
the notice is sent by registered post addressed-

(a)in the case of a bank or deposlit-taking company incorpo-
rated in Hong Kong, to its registered office in Hong Kong;

(b)in any other case. to any person resident in Hong Kong
who is authorized to accept service of process in Hong
Kong on behalf of the bank or deposit-taking company, at
the address required to be delivered to the Registrar of
Companies under Part XI of the Companies Ordinance;

Provided that where it is not practicable to serve, in the manner
provided in paragraph (b), a bank or deposit-taking company which





1984 Ed.] Police Forcc [CAP. 232 25

is not incorporated in Hong Kong, the notice may be served on the
manager or other person in charge of any place of business estab-
lished in Hong Kong by the bank or deposit-taking company.

(4) If any bank or deposit-taking company on which a notice
under this section is served, without reasonable excuse-

(a)falls to comply with any of the requirements of such notice;
or

(b)in purported compliance with any such requirennent,
furnishes any information which is false in a material
particular,

such bank or deposit-taking company shall be guilty of an offence
and shall be liable-

(i) on conviction upon indictment. to a fine of $100,000:

(ii) on summary conviction, to a fine of $50.000.

(5) Where a bank or deposit-taking company on which a
notice under this section is served, at any time-

(a)fails to comply with any of the requirements of such notice,
or

(b)in purported compliance with any such requirement.
furnishes any information which is false in a material
Particular.

With the consent or connivance of any individual, the individual
shall, whether or not an offence under subsection (4) is committed,
be guilty of an offence under this subsection if at that time-

(A) he is a director, manager, secretary or similar officer of the
bank or deposit-taking company; or

(B)he is purporting to act as such officer or as acent of the
bank or deposit-taking company; or

(C)the bank or deposit-taking company is managed by its
members, of whom he is one,

and shall be liable-

(i)on conviction upon indictment, to a fine of $50.000 and to
imprisonment for 1 year:
(1)on summary conviction, to a fine of $10.000 and to
imprisonment for 6 months.

(6) Where a notice under this section is served on a bank or
deposit-taking company, any individual Who wilfully causes or
procures the bank or deposit-taking company--
(a) to fail to comply with any of the requirments of such notice; or

(b)in purported compliance with any such requirement, to
furnish any information which is false in a material
particular,





26 CAP. 232] Police Force [1984 Ed.

shall, whether or not an offence under subsection (4) is committed,
be guilty of an offence under this subsection and shall be liable-

(i)on conviction upon indictment to a fine of $50,000 and to
imprisonment for 1 year;

(ii)on summary conviction to a fine of $10,000 and to impri-
sonment for 6 months.

(7) Section 7 shall not apply in relation to the power conferred
by subsection (1) or (2), but such power may be exercised by any
police officer not below the rank of assistant commissioner or any
member of the Customs and Excise Service not below the rank of
assistant commissioner authorized in writing by the Commissioner
in that behalf, and, for the purposes of this section, where such
power is exercised by any such police officer or member of the
Customs and Excise Service it shall be presumed unless the contrary
is proved that such police officer or member is so authorized to
exercise such power.

(8) In this section 'bank' and 'deposit-taking company' have
the meanings respectively given to them by the Banking Ordinance.
(Added, 54 of1983, s. 2)

SCHEDULE [s. 26.]

OATH OR DECLARATION OF OFFICE

1 . ..........................................................................................................................
swear by Almighty God that I will well and faithfully serve
do solemnly and sincerely, declare }
Her Majesty and Her Heirs and Successors accordina to law as a police officer, 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 Peace Gazetted Police Officer.

(Replaced, 29 of 1950, s. 18. Amended, 11 of 1968, Schedule)
Originally 41 of 1948. (Cap. 232. 1950.) 50 of 1949. 29 of 1950. 13 of 1953. 2 of 1959. 16 of 1959. 53 of 1960. 11 of 1968. 29 of 1969. 23 of 1972. 17 of 1975. 37 of 1976. 35 of 1977. 42 of 1977. 63 of 1977. 69 of 1977. 36 of 1978. 74 of 1980. 12 of 1982. 54 of 1983. G.N.A. 201/48. Short title. Application. Interpretation. Administration of police force by Commissioner. Powers of Commissioner or deputy. Powers, etc. to be subject to regulations, etc. Delegation of powers. Prohibition against police officer being a member of a trade union. (Cap. 332.) 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. Dismissal. Termination of service in the public interest. Interdiction. Warrant card. Exemption in respect of civil process. (Cap. 363.) 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. Temporary police officers. Discharge and resignation of inspector. Declaration of office. Schedule. Delivery of Government property on leaving the force. Desertion. Absence from duty. Police officers to obey lawful orders. Summary dismissal. (Cap. 89.) Punishment of non-commissioned officers and constables. Threatening or insulting another officer of senior or equal rank. Conviction of police officer. 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.) 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. Police general orders. Headquarter orders. Delegation of certain powers by Commissioner. Arrest, detention and bail of suspected persons and seizure of suspected property. 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. 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. harbouring police officer while on duty. Penalty on persons causing disaffection in police force. Penalty on person assaulting, etc. police officer in execution of duty, or misleading officer by false information. Offence of making false report of commission of offence, etc. Penalty on unauthorized use of police uniform. Special duty and expenses thereof. Power of Commissioner to require information from banks and deposit-raking companies. (Cap. 32.) (Cap. 155.)

Originally 41 of 1948. (Cap. 232. 1950.) 50 of 1949. 29 of 1950. 13 of 1953. 2 of 1959. 16 of 1959. 53 of 1960. 11 of 1968. 29 of 1969. 23 of 1972. 17 of 1975. 37 of 1976. 35 of 1977. 42 of 1977. 63 of 1977. 69 of 1977. 36 of 1978. 74 of 1980. 12 of 1982. 54 of 1983. G.N.A. 201/48. Short title. Application. Interpretation. Administration of police force by Commissioner. Powers of Commissioner or deputy. Powers, etc. to be subject to regulations, etc. Delegation of powers. Prohibition against police officer being a member of a trade union. (Cap. 332.) 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. Dismissal. Termination of service in the public interest. Interdiction. Warrant card. Exemption in respect of civil process. (Cap. 363.) 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. Temporary police officers. Discharge and resignation of inspector. Declaration of office. Schedule. Delivery of Government property on leaving the force. Desertion. Absence from duty. Police officers to obey lawful orders. Summary dismissal. (Cap. 89.) Punishment of non-commissioned officers and constables. Threatening or insulting another officer of senior or equal rank. Conviction of police officer. 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.) 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. Police general orders. Headquarter orders. Delegation of certain powers by Commissioner. Arrest, detention and bail of suspected persons and seizure of suspected property. 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. 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. harbouring police officer while on duty. Penalty on persons causing disaffection in police force. Penalty on person assaulting, etc. police officer in execution of duty, or misleading officer by false information. Offence of making false report of commission of offence, etc. Penalty on unauthorized use of police uniform. Special duty and expenses thereof. Power of Commissioner to require information from banks and deposit-raking companies. (Cap. 32.) (Cap. 155.)

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