ROYAL HONG KONG AUXILIARY POLICE FORCE ORDINANCE

ROYAL HONG KONG AUXILIARY POLICE FORCE ORDINANCE

ON

LAWS OF HONG KONG

ROYAL HONG KONG AUXILIARY POLICE FORCE

ORDINANCE

CHAPTER 233

0



REVISED EDITION 1980

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 233

ROYAL HONG KONG AUXILIARY POLICE FORCE
ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINAR
Y

1..........Short title ....................... ... ... ... . ... ... ... ... 3
2..........Interpretation .................... ... ... ... ... ... ... ... ... ... 3

PART II

ESTABLISHMENT, COMPOSITION AND CONTROL OF
FORCE

3........................Establishment and composition of Force ... ... ... ... ... ... ... 4

4......................Payment and maintenance of Force ... ... .... . ... ... 4

5.......Members ... .......................... ... ... ... ... ... ... ... ... 4

6...............Honorary membership .......... ... ... ... ... ... ... ... ... ... 4

7........................Force under command of Commissioner ... ... ... ... ... ... ... 5

8. Appointment of Commandant and Deputy Commandant ... ... ... ... 5

9. Appointment, promotion, reduction in rank, dismissal and compulsory

retirement of members ..................... ... ... ... ... ... ... 5

10.......Ranks ................................ ... ... ... ... ... ... ... 6
11.......Enrolment ............................ ... ... ... ... ... ... ... ... 6

12.....................Headquarters and Standing Orders ... ... ... . ... ... ... 6

13..............Boards of Discipline .......... ... ... ... ... ... ... ... ... ... 6

14.....................Disciplinary offences and penalties ... ... ... ... ... ... ... ... 6
15.....................Appeal from Boards of Discipline ... ... ... ... ... ... ... ... 7

16.................Calling out of the Force ... ... ... ... ... ... ... ... ... ... 8

17............................Powers and functions of members when on duty ... ... ... ... ... 8

18. Employrnent of members when police services are hired, etc. ... ... ... 8

19............................Recovery of cost of property issued to members ... ... ... ... ... 9

PART 111

OFFENCES

20........................Ofrence of failing to serve as directed ... ... ... ... 1 ... ... 9

21. Wrongful acquisition of Government property ... ... ... 9





Section Page

22. False pretence of membership for unlawful purpose ... ... ... ... ... 9

23. Unlawful possession, manufacture or sale of badges and equipment, etc. 10

24. Incitement to disobedience ... ... ... ... ... ... ... ... ... ... ... 10

25. Assaulting member in execution of duty, etc . ... ... ... ... ... ... ... 10

PARTIV

SUPPLEMENTAL AND MISCELLANEOUS

26. Complaints ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10

27. Delegation of powers ... ... ... ... ... ... ... ... ... ... ... ... 11

28. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... . ... 11

29. Saving of prerogative rights of the Crown ... ... ... ... ... ... ... ... 11

Schedule. Oath or Declaration of Office ... ... ... ... ... ... ... ... ... ... 11





CHAPTER 233

ROYAL HONG KONG AUXILIARY POLICE FORCE

To provide for the establishment and regulation of the Royal Hong
Kong Auxiliary Police Force. (Amended, 29 of 1969, s. 2)

1

[30 January 1959.]

PART I
PRELIMINARY

1. This Ordinance may be cited as the Royal Hong Kong Auxiliary
Police Force Ordinance.

(Amended, 29 of 1969, s. 2)

2. In this Ordinance, unless the context otherwise requires

,,active service' means service pursuant to an order of the
Commissioner made under section 16(1) or (2); (Amended, 16 of
1967,s.2)

'Boards of Discipline' means a board convened under section 13;

'Commandant' means the Commandant or the Deputy Com1 mandant of
the Force; (Amended, 38 of 1980, s. 2)

'Commissioner' means the Commissioner of Police or a deputy
commissioner; (Amended, 38 of 1980, s. 2)

'constable' means a member holding any rank below the rank of
sergeant; (Amended, 38 of 1980, s. 2)

'duty' includes active service, training and any voluntary duty
performed under section 18, and a member shall be deemed to be
on duty while proceeding to or returning from duty; (Replaced, 16
of 1967, s. 2. Amended, 38 of 1980, s. 2)

'Force' means the Royal Hong Kong Auxiliary Police Force established
under section 3; (Amended, 29 of 1969, s. 2)

'gazetted officer' means a member holding any rank between the rank
of Commandant and the rank of superintendent (Auxiliary), both
inclusive; (Replaced, 38 of 1980, s. 2)

'inspector' means a member holding the rank of inspector of police
(Auxiliary) of whatever grade or rank; (Amended, 38 of 1980, s. 2)

'.member' means a member of the Force;





'non-commissioned officer' means a member holding any rank below
the rank of inspector and above the rank of constable;

'Police Force' means the Royal Hong Kong Police Force;

(Amended, 29 of 1969, s. 2)

'regular gazetted police officer' means an officer of the Police Force
holding any rank between the rank of Commissioner and the rank
of superintendent both inclusive. (Amended, 38 of 1980, s. 2)

PART II

ESTABLISHMENT, COMPOSITION AND CONTROL OF
FORCE

3. There is hereby established an auxiliary police force, which shall
be known as the Royal Hong Kong Auxiliary Police Force, and which
shall consist of such gazetted officers, inspectors, non-commissioned
officers and constables as the Governor may from time to time
determine.

(Amended, 16 of 1967, s. 3 and 29 of 1969, s. 2)

4. Provision for the payment and maintenance of the Force shall be
by charges on the general revenue of the Colony to such amounts as
may from time to time by annual vote or otherwise be voted by the
Legislative Council.

5. (1) The following persons shall be members-

(a)all persons who, at the commencement of this Ordinance, are
either

(i) members of the Hong Kong Police Reserve established
under the Police Reserve Ordinance 1927; or

(ii) members of the Special Constabulary established under
the Emergency (Special Constabulary) Regulations 1950; and

(b)all persons enrolled in the Force under the provisions of this
Ordinance or any regulations made thereunder.

(2) Notwithstanding anything contained in this Ordinance, the
Commissioner shall enrol in the Force any person upon whom a liability
to enrol therein has been imposed by section 15 of the Compulsory
Service Ordinance, and shall appoint such person to the rank for which
he considers him suitable.

(3) Service in the said Hong Kong Police Reserve or in the said
Special Constabulary shall for all purposes be deemed to have been
service in the Force.

6. (1) The Governor, on the recommendation of the Commissioner,
may grant honorary membership of the Force, with honorary rank
equivalent to the substantive rank held at the date of retirement,
resignation or being invalided out, to- (Amended, 38 of 1980, s. 3)





(a)any member who holds the rank of superintendent (Auxiliary)
or above on retirement, resignation or being invalided out of
the Force; and (Replaced, 38 of 1980, s.3)

(b)any person who retired or resigned from the Hong Kong Police
Reserve established under the Police Reserve Ordinance 1927,
or from the Special Constabulary established under the
Emergency (Special Constabulary) Regulations 1950, between
18 September 1957 and the date of coming into operation of
this Ordinance and who, at the date of such retirement or
resignation, held a rank equivalent to that of auxiliary
superintendent of police or above,

and who, in the opinion of the Governor, has rendered distinguished
service in the Force or in the Hong Kong Police Reserve or in the
Special Constabulary as the case may be. (Replaced, 31 of 1959, s. 2.
Amended, 16 of 1967, s. 4)

(2) The Commissioner may, either generally or in any particular
case, permit any such honorary member to wear the mess dress uniform
of a gazetted officer of the rank held by such member at the date of his
retirement, resignation or being invalided out. (Aniended, 16 of 1967, s.
4 and 38 of 1980, s. 3)

(3) Save as provided in subsection (2), no such honorary member
may exercise any of the powers or perform any of the duties or enjoy
any of the privileges conferred by this Ordinance upon a member.

7. Subject to the provisions of this Ordinance and to the orders and
control of the Governor, the Force shall be under the command and
direction of the Commissioner.

(Replaced, 16 of 1967, s. 5)

8. There shall be a Commandant and a Deputy Commandant of the
Force, each of whom shall be appointed by the Governor.

9. (1) Gazetted officers maybe appointed, promoted, reduced in
rank or dismissed by the Governor. (Amended, 38 of 1980, s. 4)

(2) Inspectors and non-commissioned officers may be appointed,
promoted, reduced in rank or dismissed by the Commissioner.

(3) Constables may be recruited, promoted or dismissed by the
Commissioner.

(4) The Governor may require any gazetted officer to retire from the
Force if it appears to him that such officer is unable to discharge
efficiently the duties which he is or may be called upon to perform as a
member.





(5) The Commissioner may require any inspector,
noncommissioned officer or constable to retire from the Force if it
appears to him that such member is unable to discharge efficiently the
duties which he is or may be called upon to perform as a member.

10. The ranks of the gazetted officers and inspectors shall be
suffixed by the word in brackets '(Auxiliary)' or the abbreviation -
(Aux.)' and those of the non-commissioned officers and constables by
the letter '(A)', and such ranks shall be deemed junior to equivalent
ranks in the Police Force.

(Amended, 16 of 1967, s. 6 and 38 of 1980, s. 5)

11. Enrolment to the Force shall be effected by entering the name of
the person to be enrolled upon a register of members and by such
person taking an oath or making a declaration in the form prescribed in
the Schedule before a* magistrate, a justice of the peace, the
Commandant, a regular gazetted police officer or a gazetted officer of or
above the rank of senior superintendent.

(Amended, 11 of 1968, Schedule)

12. (1) Subject to the provisions of subsection (3), the
Commissioner may from time to time issue orders (to be known as the
Royal Hong Kong Auxiliary Police Force Headquarters Orders) for the
control, direction and information of the Force. (Amended, 29 of 1969, s.
2 and 38 of 1980, s. 6)

(2) Subject to the provisions of subsection (3), the Commandant
may from time to time issue orders of a routine nature (to be known as
the Royal Hong Kong Auxiliary Police Force Standing Orders) for the
control, direction and information of members. (Amended, 29 of 1969, s.
2)

(3) No order issued under this section by the Commissioner shall
be inconsistent with any of the provisions of this Ordinance or any
regulations made thereunder and no order so issued by the
Commandant shall be inconsistent with any of the provisions of this
Ordinance or any regulations made thereunder or with any order so
issued by the Commissioner.

13. For the purpose of inquiring into disciplinary offences, the
Commandant may convene a Board of Discipline consisting of any
regular gazetted police officer for the time being appointed by the
Commissioner as a Staff Officer of the Force and 2 gazetted officers.

(Amended, 38 of 1980, s. 7)

14. Any member, other than a gazetted officer, who is found guilty
by a Board of Discipline of having committed any of the following
disciplinary offences

(a) absence from duty without leave or good cause;





(b) sleeping on duty;

(c)conduct, in the course of duty, to the prejudice of good order
and discipline;

(d) cowardice in the performance of duty;

(e)contravention of any of the provisions of any regulation made
under section 28;

(f)neglect of duty or refusal or failure to obey any lawful order
whether issued in writing or verbally and whether of general
application or issued in any particular case;

(g) insubordination;

(h) being unfit for duty by reason of intoxication;

(i) malingering;

(j)in the course of duty, making a statement which is false in a
material particular;

(k)unlawful or unnecessary exercise of authority which results in
loss or injury to any person or to the Government;

(1)wilfully or negligently damaging or destroying or negligently
losing any Government property;

(m) conduct calculated to bring the Force into disrepute,

shall be liable to be punished by such Board with any or all of the
following penalties

(i) reduction in rank;

(ii) loss of pay during any period of absence from duty;

(iii) caution, warning, reprimand or severe reprimand; and

(iv) subject to confirmation by the Commissioner, dismissal from
the Force.

15. (1) If a member considers himself aggrieved by any finding of or
punishment imposed by a Board of Discipline, he may, within 14 days of
the communication to him of such finding or the imposition of such
punishment, appeal by way of petition to the Commissioner, and, if such
member is a non-commissioned officer or a constable, the decision of
the Commissioner shall be final. (Amended, 16 of 1967, s. 7)

(2) If such member is an inspector and he considers himself
aggrieved by the decision of the Commissioner, he may, within 14 days
of the communication to him of such decision, appeal by way of petition
to the Governor whose decision shall be final. (Amended, 16 of 1967, s. 7)

(3) Where an appeal is made under subsection (1) or (2) and any
punishment has been imposed upon the appellant, such punishment
shall be suspended pending the determination of such appeal.





16. (1) For any purpose connected with the peace and good
order of the Colony, the Commissioner may, with the prior
approval of the Governor, by order call out the Force or any
part or member thereof for active service, and such service shall
continue until an order is made by the Commissioner, with the
prior approval of the Governor, cancelling such first mentioned
order.

(2) For the purpose of assisting the Police Force, the Com-
missioner may by order call out the Force or any part or member
thereof for active service for a period to be specified in such order.

(3) Every member called out for active service shall be liable
to serve as directed by any lawful order at any place in the Colony
or on board any vessel or in any aircraft in the service of the
Government.

(4) Notwithstanding anything contained in subsection (1),
the Commissioner may direct any member called out for active
service-

(a) to stand down from active service; and

(b)to report back for active service at such place and on
such date and at such time as may be directed.

(5) On receipt of a direction under paragraph (a) of subsection
(4), such member shall be deemed to have ceased to be engaged on
active service and, on receipt of a direction under paragraph (b)
of that subsection, such member shall be deemed to have been
called out in pursuance of a new order under subsection (1) or (2),
as the case may be.
(Amended, 16 of 1967, s. 8 and 38 of 1980, s. 8)

17. (1) Every member when on duty may, subject to any
direction by the Commissioner, perform any of the duties of the
Police Force under section 10 of the Police Force Ordinance and
exercise and perform any of the powers, duties or functions con-
ferred or imposed upon a police officer by sections 50 to 59, both
inclusive, of the Police Force Ordinance and by any other Ordinance.

(2) In the exercise and performance of any power, duty or
function by virtue of subsection (1), a member shall be deemed
to be a police officer and section 60 of the Police Force Ordinance
shall apply to a member in respect of any act done by him in
obedience to warrant of a magistrate as it applies to a police officer.
(Replaced, 38 of 1980, s. 9)

18. (1) When police services are hired by any person, it
shall be lawful for the Commissioner to employ any member for
duty who volunteers for such. (Amended, 16 of 1967, s. 9 and 38
of 1980, S. 10)





(2) The Commissioner may authorize the payment of any
charge paid in respect of the services of members employed by the
Commissioner under subsection (1) to the members so employed
in such manner as he may direct. (Added, 16 of 1967, s. 9)

19. (1) If any member-

(a)wilfully or negligently damages or destroys any property
issued to him or placed under his control by reason of
his being a member;

(b) negligently loses any such property; or

(c)fails to produce or deliver up any such property when
requested to do so or when he ceases to be a member for
whatever reason,

the value thereof shall be recoverable from him by the Commis-
sioner upon complaint before a magistrate. (Amended, 38 of
1980,s. 11)

(2) Notwithstanding subsection (1), any member failing to
produce or deliver up, under subsection (1)(c), any property issued
to him or placed under his control shall be guilty of an offence and
shall be liable to a fine of $500 and to imprisonment for 3 months.
(Added, 38 of 1980, s. 11)

PART III

OFFENCES

20. Any member who fails, without reasonable excuse, to
serve as directed by any lawful order under section 16 or as directed
by the Commissioner, shall be guilty of an offence and shall be
liable to a fine of $1,000 and to imprisonment for 6 months.
(Replaced, 38 of 1980, s. 12)

21. If any person knowingly buys or takes in exchange or
in pawn from any member, or any person acting on his behalf,
or solicits or entices any member to sell or pawn, or has in his
possession without lawful authority or excuse, any property issued
to or available for issue to or placed under the control of any
member by reason of his being a member, such person shall be
guilty of an offence and shall be liable to a fine of $1,000 and to
imprisonment for 6 months.

22. Any person who, not being a member, puts on the dress
or takes the name, designation or character of a member for the
purpose of obtaining admission into any house or other place, or
of doing or procuring to be done any act which a member would
be entitled to do or procure to be done of his own authority, or
for any other unlawful purpose, shall be guilty of an offence and,
notwithstanding any other penalty to which he may be liable, shall
be liable to a fine of $1,000 and to imprisonment for 6 months.





23. (1) No person shall, without lawful authority or excuse,
have in his possession-

(a)any badge, identification document, equipment or clothing
which has been issued to any member or which is usually
issued to members; or

(b)any badge, identification document, equipment or clothing
which so closely resembles any badge, identification
document, equipment or clothing usually issued to mem-
bers as to be likely to lead to the belief that it is such
badge, identification document, equipment or clothing, as
the case may be.

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

(3) Any person who contravenes any of the provisions of
this section shall be guilty of an offence and shall be liable to a
fine of $1,000 and to imprisonment for 6 months.

24. If any person incites or persuades or otherwise en-
deavours to prevent any member from obeying any lawful order
calling out the Force or any member for duty, such person shall
be guilty of an offence and shall be liable to a fine of $2,000 and
to imprisonment for 2 years.

25. Any person who assaults or resists any member in the
execution of his duty, or aids or incites any person so to assault
or resist any member, or refuses to assist any member 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 member
shall be guilty of an offence and shall be liable to a fine of $250
and to imprisonment for 6 months.

PARTIV

SUPPLEMENTAL AND MISCELLANEOUS

26. Any member who feels that he has just cause for com-
plaint in any matter relative to the Force may present his com-
plaint in writing to the Commissioner, and, from any decision of
the Commissioner upon any such petition, there shall be a right
of appeal by way of petition to the Governor, whose decision shall
be final.





27. The Commissioner may delegate all or any of the powers
conferred upon him by this Ordinance or by any regulations made
thereunder to any regular gazetted police officer or to any gazetted
officer.

28. (1) The Governor in Council may by regulation provide for

(a)the conditions and method of enrolment in and resignation
from the Force;

(b)the requirements as to efficiency and training; (Amended, 16
of 1967, s. 11)

(c) the granting of awards;

(d) medical treatment for members;

(e)the payment of gratuities and pensions to members in respect
of wounds or injuries received in the course of and arising out
of the discharge of duty or which are specifically attributable
to the nature of such duty;

(f)the payment of gratuities and pensions to widows and other
dependants of members who are killed in the course of and in
circumstances arising out of the discharge of duty or whose
death is specifically attributable to the nature of such duty;

(g)the provision of uniforms, equipment and weapons to
members, and the recovery of the cost thereof in certain
cases;

(h) the invaliding of members;

(i) the general government and discipline of the Force.

(2) Regulations made under this section may provide that
contravention of specified provisions of such regulations shall be an
offence and may provide penalties therefor:

Provided that no penalty so provided shall exceed a fine of $2,000
and imprisonment for 12 months.

29. Nothing contained in this Ordinance shall be construed to limit
the right of the Crown to dismiss or terminate the appointment of
members and without compensation.

SCHEDULE [s. 11.1

OATH OR DECLARATION OF
OFFICE

I ................................................................................................ swear by
Almighty God, (or solemnly and sincerely affirm and declare) that I will obey,
uphold and maintain the laws of the Colony of Hong Kong, and





1 will at all times execute the powers and duties of my office as a member of the
Royal Hong Kong Auxiliary Police Force, honestly, faithfully and diligently,
without fear or favour to any person and with malice or ill will towards none.

And 1 do further swear (or solemnly and sincerely affirm and declare) that 1
will at all times obey without question the lawful orders of those set in authority
over me.

Sworn (or declared) before
me this day of
1 19

(Amended, 11 of 1968, Schedule and 29 of 1969, s. 2)
Originally 2 of 1959. 31 of 1959. 4 of 1961. 16 of 1967. 64 of 1967. 11 of 1968. 29 of 1969. 38 of 1980. G.N.A. 4/59. Short title. Application. Interpretation. Establishment and composition of Force. Payment and maintenance of Force. Payment and maintenance of Force. Members. (24 of 1927, see. Cap. 233, 1950.) (G.N.A. 270/50.) (Cap. 246.) Honorary membership. (24 of 1927, see. Cap. 233, 1950.) (G.N.A. 270/50.) Force under command of Commissioner. Appointment of Commandant and Deputy commandant. Appointment, promotion, reduction in rank, dimissal and compulsory retirement of members. Ranks. Enrolment. Schedule. Headquarters and standing Orders. Boards of Discipline. Disciplinary offences and penalties. Appeal from Board of Discipline. Calling out of the Force. Powers and functions of members when on duty. (Cap. 232.) Employment of members when police services are hired, etc. Recovery of cost of property issued to members. Offence of failing to serve as directed. Wrongful acquisition of Government property. False pretence of membership for unlawful purpose. Unlawful possession, manufacture or sale of badges and equipment, etc. Incitement to disobedience. Assaulting member in execution of duty, etc. Complaints. Delegation of powers. Regulations. Saving of prerogative rights of the Crown.

Originally 2 of 1959. 31 of 1959. 4 of 1961. 16 of 1967. 64 of 1967. 11 of 1968. 29 of 1969. 38 of 1980. G.N.A. 4/59. Short title. Application. Interpretation. Establishment and composition of Force. Payment and maintenance of Force. Payment and maintenance of Force. Members. (24 of 1927, see. Cap. 233, 1950.) (G.N.A. 270/50.) (Cap. 246.) Honorary membership. (24 of 1927, see. Cap. 233, 1950.) (G.N.A. 270/50.) Force under command of Commissioner. Appointment of Commandant and Deputy commandant. Appointment, promotion, reduction in rank, dimissal and compulsory retirement of members. Ranks. Enrolment. Schedule. Headquarters and standing Orders. Boards of Discipline. Disciplinary offences and penalties. Appeal from Board of Discipline. Calling out of the Force. Powers and functions of members when on duty. (Cap. 232.) Employment of members when police services are hired, etc. Recovery of cost of property issued to members. Offence of failing to serve as directed. Wrongful acquisition of Government property. False pretence of membership for unlawful purpose. Unlawful possession, manufacture or sale of badges and equipment, etc. Incitement to disobedience. Assaulting member in execution of duty, etc. Complaints. Delegation of powers. Regulations. Saving of prerogative rights of the Crown.

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