AUXILIARY FORCES PAY AND ALLOWANCES ORDINANCE

AUXILIARY FORCES PAY AND ALLOWANCES ORDINANCE

LAWS OF HONG KONG

AUXILIARY FORCES PAY AND ALLOWANCES

ORDINANCE

CHAPTER 254





CHAPTER 254

AUXILIARY FORCES PAY AND ALLOWANCES
ORDINANCE

ARRANGEMENT OF SECTIONS

section

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

3. Pay. etc. to be paid out of moneys provided by Legislative Council ... ... 4

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

Classification of members and limitation of periods of training ... ... ... ... 4

6. Limited call out ........................... ... ... ... ... ... ... ... 4
7. Voluntary duty ............................. ... ... ... ... ... ... ...

8. Full call out ................. ... ... ... ... ... ... ...

9. Training ................................... ... ... ... ... ... ... 6

1 W...........Ration allowance ...... ... ... ... ... ... ... ... ... ... ...

11. Flying allowance .............. ... ... ... ... ... ... ... ... ... 7

12. Pay ment ofpublic officers on active service ice ... ... ... ... ... ... ... ...
-7

13-..........................Certain persons not eligible for pay under section 9 ... ... ...

14.........................Prohibition against double pay or allowance ... ... ... ... ...

1 ........................Bounty payable for satisfactory services ice 1 . ... ... ... . 1 . ... ... ...

16..........Regulations .......... . .... ... ... ... ... ... ... ... ...

Schedule................................ ... ... ... ... ... ... ... ... ... ... ...





CHAPTER 254

AUXILIARY FORCES PAY AND ALLOWANCES

To consolidate and amend various provisions relating to the pay and
pensions qf members qf theand to provide a pay
code and allowances for such members

[1 April 1967.]

1. This Ordinance may be cited as the Auxiliary Forces Pity, and
Allowances Ordinance.

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

'active service' means service pursuant to a full call out or a limited call out;

-appropriate daily rate of pay---. in respect of a member means such amount of
daily pay, as may, he fixed by the Finance Committee of the Legislative
Council for the classification for his rank: Replaced, -13 of 1979. s. 2,

-appropriate hourly rate of pay'. in respect of a member. means such amount of
hourly pity; its may be fixed by. the Finance Committee of the Legislative
Council for the classification for his rank, Replaced, 23 of 19 79. 2.

auxiliary forces- mean

(a)the Royal Hong Kong. Regiment raised under section 3 of the Royal
Hon. Kong Regiment Ordinance. Replaced,



98 of 1970, Schedule)

(b) the Royal Hong Kong Auxiliary Air Force raised under
section 3 of the Royal Hong, Kong Auxiliary Air Force
Ordinance; 98 of 1970. Schedule

(c)the Royal Hong Kong Auxiliary Police Force established under
section 3 of the Royal Hong Kong Auxiliary Police Force Ordinance:
and

(d)the Essential Services Corps raised under section 4 of the Essential
Services Corps Ordinance and any unit thereof.

-classification-, in respect of a member. means the pay, classification assigned
to his rank by notice under section 5:

-commander- means
(a)in relation to the Royal Hong Kong Regiment. the Commanding
Officer as defined in section 2 of the Royal Hong Kong Regiment
Ordinance: (Replaced, 98 of 1970 Schedule. Amended, L.N. 218/84)





(b)in relation to the Royal Hong Kong Auxiliary Air Force, the
Commanding Officer as defined in section 2 of the Royal Hong
Kong Auxiliary Air Force Ordinance. (Added. 98 of 1970
Schedule)

(c)in relation to the Royal Hong Kong Auxiliary Police Force. the
Commissioner of Police;

(d)in relation to a unit of the Essential Services Corps other than
the Auxiliary Fire Service Unit, the Auxiliary Medical Services
Unit and the Civil Aid Services Unit. the Commissioner
appointed under regulation 3 of the Essential Services Corps
(General) Regulations;

(e)in relation to the Auxiliary Fire Service Unit. the Unit Controller
appointed under regulation 2 of the Essential Services
(Auxiliary Fire Service) Corps Regulations:

(f) in relation to the Auxiliary Medical Services Unit. the Unit
Controller appointed under regulation 3 of the Essential
Services (Auxiliary Medical Services) Corps Regulations. and

(g)in relation to the Civil Aid Services Unit, the Unit Controller
appointed under regulation 2 of the Essential Services ices
(Civil Aid Services) Corps Regulations:

'duty' include,, active service. training and any voluntary duty

call out--- means a call out made

(a)by the Governor under section 13 of the Royal Hong Kong
Regiment Ordinance or section 13 of the Royal Hong Kong
Auxiliary Air Force Ordinance or regulation 18 of the Essential
Services Corps (General) Regulations. or (Aniended, 98 of
1970, Schedule)

(b)by the Commissioner of Police with the prior approval of the
Governor under section 16(1) of the Royal Hong Kong
Auxiliary Police Force Ordinance;

'limited call out' means-

(a)a limited call out made with the prior approval of the Governor
under section 14 of the Royal Hong Kong Regiment Ordinance
or section 14 of the Royal Hong Kong Auxiliary Air Force
Ordinance or regulation 19 of the Essential Services Corps
(General) Regulations; (Aniended, 98 of 1970, Schedule)



(b) a call out by the Commissioner of Police by order under
section 16(2) of the Royal Hong Kong Auxiliary Police
Force Ordinance; or (Aniended, 38 of 1980, s. 13)

(c)a call out by the Director of Fire Services by departmental
order under regulation 4 of the Essential Services (Auxiliary
Fire Service) Corps Regulations; (Amended, L.N. 218/84)





'member' means any officer or member of the auxiliary forces.

rank' means any rank, grade, appointment or grouping of members,

'training' means duty other than active service, pursuant to an order of
the commander of an auxiliary force or any unit thereof,

,unit' includes a sub-unit;

,,voluntary duty' means duty in the circumstances referred to in section
7;

,year' means a period of 12 months commencing on 1 April in each
year.

3. Any pay, allowances, bounties. gratuities and pensions payable
under this Ordinance shall be of such amounts as may from time to time
be fixed by the Finance Committee of the Legislative Council and paid
out of moneys provided by the Legislative Council. (Amended. 23
of1979, s. 3)

4. The Secretary for Security may from time to time by notice
published in the Gazette amend the Schedule

Amended. 23 of 1979. s. 4)

5. (1) The Secretary for Security shall. by notice published in the
Gazette, assign to each rank in the auxiliary, forces one of the pay
classifications specified in the Schedule.

(2) The Secretary for Security, may specify the maximum aggregate
period of training in any year or part of a year for xi which a member who
falls within any pay classification specified in the Schedule shall be
eligible for pax, and allowances under this Ordinance.

(3) A member shall not be eligible for any pay or allowances under
this Ordinance for undertaking training in excess of the maximum
aggregate period of training specified by the Secretary, for Security
under subsection (2) in relation to the classification to which he
belongs, unless the additional training

(a) has been authorized by his commander; and

(b)does not exceed the additional period of training which his
commander has been empowered by the Secretary for Security
authorize.

(Amended, 23 of1979, s. 5)

6. (1) In the event of a limited call out any member so called out
shall, from the time to reporting for active service, be eligible to be paid

(a)in respect of active service for less than 8 hours. at the
appropriate hourly rate of pay. or





(b)in respect of active service for 8 hours or more, at the
appropriate daily rate of pay.

(2) Where. in the event of a limited call out. a member is engaged in
active service for a period of less than 8 hours following immediately
upon a period of 24 hours active service he shall be eligible to be paid at
the appropriate hourly rate of pay for that period of service of less than
8 hours.

(3) Where, in the event of a limited call out, a member is eligible to
be paid at the appropriate daily rate of pay, his pay shall be calculated
by reference to each period of 24 hours from the time of reporting for
active service, whether that period is wholly in one day or partly in one
day and partly in another day.

(4) Where. in the event of a limited call out. a member is eligible to
he paid at the appropriate hourly rate of pay he shall be eligible to be
paid the same amount for each hour or part thereof of active service.

(5) Nothwithstanding that he may be required forthwith to stand
down or not to remain on active service. every member who reports for
active service pursuant to a limited call out shall be eligible to be paid
the amount payable for one hour at the appropriate hourly. rate of pay.

7. Where any member voluntarily reports for and carries out duty
other than training. then, if his attendance is certified and approved as
duty by his commander or by an officer authorized by his commander.
such attendance shall, subject to the approval of the Secretary for
Security, be deemed to be service pursuant to a limited call out. and he
shall be eligible to be paid in accordance with section 6.

(Amended, 23 of 1979 s. 6)

8. (1) In the event of a full call out, any member so called out shall,
from the time of reporting for active service, be eligible to be paid

(a)in respect of active service for less than 25 days, at the rates
and in the manner provided in section 6; or

(b)in respect of active service for 25 days or more. at the monthly
rate set out in subsection (2) and in the manner provided in
subsection (3).

(2) For the purpose of subsection (1)(b), the monthly rate of pay
shall be whichever is the greater of

(a) 25 times the appropriate daily rate of pay; or

(b)for a member of the Royal Hong Kong Auxiliary Police Force,
the monthly salary at the lowest point in the Salary Scale for an
officer of equivalent rank in the Royal Hong Kong Police
Force; or





(c)for a member of the Auxiliary Fire Services Unit or the. Civil
Aid Services Unit, the monthly salary at the lowest point in the
Salary Scale for an officer of equivalent rank in the Fire
Services Department; or

(d)for a member of the Auxiliary Medical Services Unit. the
monthly salary at the lowest point in the Salary Scale of an
officer of equivalent rank in the Medical and Health

Services Department; or

(e)for a member of the Royal Hong Kong Regiment or the Royal
Hong Kong Auxiliary Air Force. the monthly salary at the
point in the Salary Scale applicable under paragraph (b) to a
member of the Royal Hong Kong Auxiliary Police Force of the
same classification.. or (Amended, 98 of 1970, Schedule)

for a member of any other unit of the Essential Services
Corps, the point in the Salary Scale applicable under
paragraph (d) to a member of the Auxiliary Medical Services
Unit of the same classification:

Provided that, in the case of paragraph (e) or if there is no member
of the Royal Hong Kong Auxiliary Police Force or of the Auxiliary
Medical Services Unit of the same classification. the monthly salary at
the appropriate point in the Salary Scale for an officer of equivalent rank
in the Royal Hon,, Kong Police Force or in the Medical and Health
Services Department. as may, be deterrnined by the Governor.

(3) Where any member is paid at a monthly rate under paragraph
(b). (c), (d), (e) or (f) of subsection (2) payment shall be calculated by
reference to each calendar month. and the amount payable

(a)in respect of active service for a complete calendar month.
shall be the whole amount of the monthly rate. and

(b)in respect of active service for less than a complete calendar
month, shall bear the same proportion to the whole amount of
the monthly rate, as the number of days or part of days served
during the calendar month bears to the number of days in that
month.

(4) For the purposes of subsection (2)-

---SalaryScale- means the Salary Scale from time to time approved for
the public service by the Legislative Council.

9. (1) Every member shall, while undergoing training. be eligible to
be paid

(a)in respect of continuous attendance for 8 hours or more in
any period of 24 hours. at the appropriate daily rate of pay;
and





(b)in respect of attendance for less than 8 hours following without
interruption upon continuous attendance for 24 hours, at the
appropriate hourly rate of pay. and

(e)in respect of attendance for less than 8 hours. at the
appropriate hourly rate of pay.

(2) Where a member is eligible to be paid at the appropriate daily
rate of pay, his pay shall be calculated by reference to each period of 24
hours from the time of reporting for training m whether that period is
wholly in one day or partly in one day. and partly in another day

(3) Where a member is eligible to be paid at the appropriate hourly
rate of pay he shall be eligible to be paid the same amount for each hour
or part thereof of training.

10. (1) Subject to subsection (2). in respect of a attendance lice for
8 hours or more during which he is not provided with free meals or
rations. every member who attends for duty shall. in addition to his pay.
be eligible to receive a daily ration allowance of such an amount as may
be fixed under section 3: (Amended, 39 of 1978, 2 and -13 ol' 19 79, Y. 7

Provided that no member shall be eligible to receive more than one
ration allowance in respect of the same period of 24 hours.

(2) No member of (lie Royal Hong Kong Auxiliary Police
Force shall he eligible to receive a ration allowance. 31) ol
19 1978. s. 2. )

11. A member of the Royal Hong Kong Auxiliary Air Force. who
pilots or serves in an aircraft while on duty, shall, in addition to his
appropriate pay. be eligible to receive a special flying allowance of such
an amount as may be fixed under section 3.

(Amended, 23 of 1979, Y. 8)

12. (1) Any public officer who is continuously engaged on active
service for more than 25 days, shall, if he is eligble to continue to
receive salary or wages under such employment, elect either

(a) to continue to receive such salary or wages; or

(b)to continue to be paid in respect of such active service in
accordance with section 8,

and if such member elects to continue to receive such salary or wages.
he shall not be eligible to continue to be paid under section 8.

(2) Nothing in subsection (1) shall be deemed to prohibit any
member being eligible to receive a ration allowance under section 10.

13. Any member who is a public officer shall not be eligible to be
paid under section 9 for undergoing training with an auxiliary force or
unit if he is required to undergo that training as part of his normal duty
as a public officer.





14. A member who undertakes duty with more than one unit shall,
except with the permission of the Secretary for Security. be eligible to
receive pay or allowances under this Ordinance for undertaking duty
with only one such unit.

(Amended, 23 of 1979, s. 9)

15. A member who-

(a)complies with or is exempt from the requirements of efficiency
applicable to the auxiliary force or unit in which he serves;

(b)completes during a year the programme of training specified by
his commander; and

(c)completes during a year a period of continuous training of not
less than 7 days to the satisfaction of his commander.

shall, if his commander certifies accordingly, be eligible to be paid. in
addition to his appropriate daily and hourly pay. a bounty of such
amount as may be fixed under section 3.

(Amended, 23 of 1979 s. 10)

16. The Governor in Council may make regulations for all or any of
the following matters

(a)the payment of gratuities and pensions to members of the
auxiliary forces;

(b)the payment of gratuities and pensions to widows and other
dependants of members of the auxiliary forces:

(c)any matter or thing which is to be or may be prescribed under
this Ordinance.

(Amended, 23 of1979, s. 11)

SCHEDULE* [ss. 4 & 5.]

AUXILARY FORCES PAY CLASSIFICATION'S






1984 Ed.] Auxiliary Forces Pay and Allowances Originally 14of 1967. 29 of 1969. 98 of 1970. L.N. 226/72. L.N. 152/75. L.N. 82/78. 39 of 1978. L.N. 203/78. L.N. 203/78. 23 of 1979. 38 of 1980. L.N. 276/80. L.N. 214/84. Short title. Interpretation. (Cap. 199.) (Cap. 198.) (Cap. 233.) (Cap. 197.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. leg.) (Cap. 197, sub. leg.) (Cap. 197, sub. leg.) (Cap. 197, sub. leg.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. leg.) (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. leg.) (Cap. 233.) (Cap. 197, sub. leg.) Pay, etc. to be paid out of moneys provided by Legislative Council. Schedule. Classification of members and limitation of periods of training. Schedule. Limited call out. Voluntary duty. Full call out. Training. Ration allowance. Flying allowance. Payment of public officers on active service. Certain persons not eligible for pay under section 9. Prohibition against double pay or allowances. Bounty payable for satisfactory service. Regulations.

Originally 14of 1967. 29 of 1969. 98 of 1970. L.N. 226/72. L.N. 152/75. L.N. 82/78. 39 of 1978. L.N. 203/78. L.N. 203/78. 23 of 1979. 38 of 1980. L.N. 276/80. L.N. 214/84. Short title. Interpretation. (Cap. 199.) (Cap. 198.) (Cap. 233.) (Cap. 197.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. leg.) (Cap. 197, sub. leg.) (Cap. 197, sub. leg.) (Cap. 197, sub. leg.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. leg.) (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. leg.) (Cap. 233.) (Cap. 197, sub. leg.) Pay, etc. to be paid out of moneys provided by Legislative Council. Schedule. Classification of members and limitation of periods of training. Schedule. Limited call out. Voluntary duty. Full call out. Training. Ration allowance. Flying allowance. Payment of public officers on active service. Certain persons not eligible for pay under section 9. Prohibition against double pay or allowances. Bounty payable for satisfactory service. Regulations.

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