WATCHMEN ORDINANCE

WATCHMEN ORDINANCE

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LAWS OF HONG KONG

WATCHMEN ORDINANCE

CHAPTER 299

Of 11

REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHArIER 299.

WATCHMEN.

To provide for the registration and regulation of watchmen.

[7th December, 1956.]

1. This Ordinance may be cited as the Watchmen Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Commissioner' means the Commissioner of Police of the Colony or a
deputy commissioner;

'employer' means a person who employs a watchman;

'register' means the register kept by the Commissioner in accordance
with the provisions of section 4;

'watchman' includes every person, other than persons exempted under
the provisions of section 3, who is employed ashore or afloat to
protect any property or to prevent crime or to maintain order in any
place;

'watchman's permit' means a written permit issued under the provisions
of paragraph (a) of section 5.

(2) Any power conferred by or under this Ordinance upon the
Commissioner may be exercised by any police officer appointed in
writing by the Commissioner in that behalf for the purposes of this
Ordinance.

3. The following persons, whilst on duty, shall be exempted from
the provisions of this Ordinance

(a) public officers;

(b)members of Her Majesty's regular naval, military or air forces;

(c) persons employed by The Ministry of Defence.

4. The Commissioner shall make and keep a register for the
purposes of this Ordinance wherein shall be entered such particulars
relating to employers and watchmen as he may consider necessary for
the proper administration of the provisions of this Ordinance.

5. Subject to the provisions of section 3. no person shall-

(a)perform or continue to perform any of the duties of a
watchman unless his name is entered in the register and





he obtains a written permit issued by the Commissioner for the
purpose, which shall contain such particulars, be valid for
such period and be subject to such conditions as may be
therein specified; or

(b)knowingly employ or continue to employ any unregistered
person as a watchman or to perform any of the duties of a
watchman., or

(c)organize, train, or take part in the control or management of
any person in order that he may act as a watchman or perform
any of the duties of a watchman at a later date, without the
written permission of the Commissioner which may be granted
subject to such conditions as he may consider expedient or
necessary to impose.

6. The Commissioner may exempt, in writing, any watchman or class
of watchmen, or any employer or class of employers. from any of the
provisions of this Ordinance or any of the regulations made thereunder.

7. Subject to an appeal by way of petition to the Governor in
Council, the Commissioner may, without assigning any reason therefor,
refuse to enter the name of any person in the register.

8. Subject to an appeal by way of petition to the Governor in
Council, the Commissioner may, without assigning any reason therefor,
remove the name of any watchman from the register.

9. (1) If a magistrate is satisfied by information on oath that there is
reasonable ground for suspecting that an offence has been or is being
committed against the provisions of section 5, he may grant a search
warrant authorizing any police officer named therein to enter, at any
time, any premises or place named in the warrant. if necessary by force,
and to search the premises or place and every person found therein.

(2) In relation to any premises or place, other than a dwelling-
house. it shall be lawful, if there is reasonable ground for suspecting
that an offence has been or is being committed against the provisions of
section 5, for any police officer

(a)designated by the Commissioner and so authorized by him.,
and

(b)in possession, at the time, of satisfactory documentary
evidence of his authority,

to enter, at any time. any such premises or place, without a warrant and
if necessary by force. and to search such premises or place and every
person found therein.





10. Without the written permission of the Commissioner. no
watchman shall wear uniform. In granting such permission, the
Commissioner may prescribe the type or pattern of uniform which is to
be worn.

11. Employers and watchmen shall when called upon by the
Commissioner furnish him with such particulars and returns as he may
require.

12. The Governor in Council may by regulation provide for-

(a)the imposition of duties and obligations on watchmen and on
their employers;

(b) the registration of watchmen; and

(c)generally, the carrying out of the provisions of this
Ordinance.

13. Any person who-

(a) contravenes the provisions of section 5, 10 or 11; or

(b)obstructs any police officer in the exercise of his powers
under the provisions of section 9; or

(c)is in possession of a watchman's permit which has been
altered without lawful authority, or is forged or false in any
material particular,

shall be liable to a fine of one thousand dollars and to imprisonment for
six months.
Originally 58 of 1956. Short title. Interpretation. Exempted person. Establishment of register. Prohibition against unregistered watchmen. Power of exemption. Power to refuse registration. Power to remove name from register. Power of entry and search. Prohibition against wearing of uniform. Duty to furnish particulars and returns. Power to make regulation. Penalties.

Originally 58 of 1956. Short title. Interpretation. Exempted person. Establishment of register. Prohibition against unregistered watchmen. Power of exemption. Power to refuse registration. Power to remove name from register. Power of entry and search. Prohibition against wearing of uniform. Duty to furnish particulars and returns. Power to make regulation. Penalties.

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1964

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