POLICE FORCE ORDINANCE, 1900
Title
POLICE FORCE ORDINANCE, 1900
Description
ORDINANCE NO.11 OF 1900.
Police Force
AN ORDINANCE to consolidate and amend the laws for the
establishment and regulation of the police force. [29th december, 1900]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the police force ordinance, 1900.
2 in this ordinance-
'subordinate officer' means every member of the police force above the rank of constable, except the captain superintendent, the
deputy superintedent, and the assistant superintendents:
'Pension' includes any allowane in the nature of a pension or
any gratuity on retirement.
PART I
CONSTITUTION OF THE FORCE
3.(1.) The Police Force of the colony shall consist of a Captain
Superintendent, a Deputy Superintendent, and such Assistant Super-
intendents, subordinate offices, and constables as may from time to
time be provided for by the Governor and Legislative Council by
annual vote or otherwise.
(2.) Teh Governor may also authorize the engagement for the service
of the Police Department of such clerks, coxswains, engineers, stokers,
seament, boatmen, and other employees as may from time to time by pro-
vided for by the Governor and Legislative Council by annual vote or
otherwise.
4. The Force shall as heretofore by under the control of the Captain
Superintendent, and the members thereof shall obey all such lawful
commands as they may from time to time receive form the Captain
Superintendent.
5. It shall be lawful for the Governor from time to time to appoint
such agents, with reasonable remuneration for their services and repay-
ment of disbursements, as to him may seem necessary, for the enlistment,
in other portions of Her Majesty's dominions, of fit and proper men for
service in the Force.
PARTII.
REGULATION OF THE FORCE.
6. Teh Captain Superintendent, the Deputy Superintendent, and each
Assistant Superintendent shall, previous to entering on the duties of
their respective offices, take before the Governor the oath of allegiance
and the official oath as set forth in sections 2 and 3 of the Promis-
sory Oaths Ordinance, 1869.
7. The Captain Superintendent shall, during his tenure of office, have
and exercise all the powers of a Justice of the Peace with regard to the
Police Force or any member or members thereof.
8. Every subordinate office and constable shall, before appointment,
be examined and approved by the Captain Superintendent and Princi-
pal Civil Medical Officer, and having been so examined and approved,
according to the forms in the First Schedule to this Ordinance, shall go
before a Magistrate and answer the questions, and subscribe and take the
oath or make the declaration, in the Second Schedule to this Ordinance.
9. Every subordinate officer and constabel shall, except as is herein-
after mentioned, engage and bind himself to serve in the Force for the
term of five yerrs, during which term he shall not be at liberty to resign
his office or to withdraw himself from the duties therof, except as is
hereinafter provided.
10. It shall be lawful for the Governor-in-Council from time to time
to authorize the appointment of any number of constables for such
periods of less than five years, and on such special terms and conditions,
as he may from time to time deem expedient.
11. Every constable so appointed under the alst preceding section
shall bind himself to serve for such period and on such terms and con-
ditions as may be agreed upon, and be shall not be at liberty to resign
or withdraw himself from the Force before the expiration of the period
of his engagement, except as hereinafter provided.
12. All the provisions of this Ordinance, except the provisions of
sections 9,13,15,16,17,and 18,shall, so far as the same are not incon-
sistent with the terms and conditions agreed upon, applu equally to
constables appointed under or in pursuance of section 10, but in case
any such constable is subsequently appointed under or in pursuance of
sections 8 and 9 the whole of his time of service under his first appoint-
ment shall be reckoned in the computation of his service for the purposes
of free passage, bonus, and pension as hereinafter provided for, and in
such case sections 16,17, and 18 shall apply to such constable.
13. In case any subordinate officer or constable who has completed his
period of five years' service is desirous of continuing in the Force, he
shall be at liberty to engage and bind himself for a further term of five
years on similar terms and conditions, and shall take the oath or make
the declaration prescribed by section 8: Provided always that his re-
enlistment is approved by the Captain Superintendent.
14. Notwithstanding anything in this Ordinance to the contrary, the
Governor shall have power to grant permission to resign to any sub-
ordinate officer or constable who may become unfit for further service
form ill-health on the certificate of the Principal Civil Medical Officer to
that effect, or, in any special case brought to his notice by the Captain
Superintendent, the Governor shall have power to grant to any such
officer or constable permission to resign.
15. Any subordinate officer or constable shall be entitled to claim his
discharge at any time on his giving to the Captain Superintendent three
months'pay of the rank he may hold at the time of his giving notice
of withdrawal for each unexpired year of his term of appointment: Pro-
vided always that it shall be lawful for the Governor to remit hte whole
or any part of the said sum.
16. Every Eurpoean subordinate officer or constable shall, at the ter-
mination of each service of five years for which he may be engaged, but
subject to the proviso hereinafter contained, be entitled to a free passage
from this Colony to such port in his native country as the Governor may
direct, or, in lieu thereof, he shall be entitled to a sum by way of bonus
equal to the cost of such passage, provided that such sum does not exceed
three months' pay of the rank to which at the time he may belong:
Provided always that he shall acquire no right to such free passage or
bonus unless he has given three months' previous notice to the Captain
Superintendent of his intention to leave the Force at the expiration of
such service of five years or unless he engages for a further period of
five years, in which case he shall be entitled to the said bonus although
he may not have given such notice.
17. It shall be lawful for the Governor from time to time
to regulate the general conditions on which and the manner in which
persions are to be granted to members of the Force, and to determine in
each particular case whether a pension shall or shall not be granted to
any member of the Force, and, in the event of the Governor
determining that a pension shall be granted to any member of the
Force, to further determine the amount ot be paid in respect htereof
and the terms on which and the manner in which the smae shall be
paid.
18. If, within three years after the granting of a persion under this
Ordinance to nay member of the Force, it is proved, to the satisfaction
of the Governor-in-Council, that the person to whom such pension has
been grated had been guilty of any corrupt practices in the execution
of his office, either byreceiving bribes, or by inducing or compelling
payment, diectly or indirectly, of any valuable consideration to himself
or to any other person by way of a bribe, or by otherwise acting cor-
ruptly in the execution of or under colour of his office as a member of
the Force, then in every such case it shall be lawful for the Governor-in-
Council to revoke and annul the grant of such pension (if any is subsist-
ing) or to make such reduction therein as to the Governor -in-Council
may appear fit.
19. The Captain Superintendent shall from time to time make such
rules or regulations as he may deem expedient for the general govern-
ment and discipline of the Force; but such rules or regulations shall
have no force or effect until they have been approved by the Governor-
in-Council and published in The Gazette.
20. It shall be the duty of the Captain Superintendent from time to
time to make, without reference to the Governore but subject to the
Governor's disallowance or revisal, such other departmental orders as he
may think kit for the carrying out of the daily routine of the Force and
for regulating the internal economy thereof.
21. (1.) Whenever any subordinate officer orconstable resigns the
service or ceases to hold and exercise his office, all power and authority
vested in him by virtue thereof shall forthwith cease and determine to
all intents and purposes whatsoever; and every such officer or constable
shall deliver over all and every the arms, ammunition, horses, accoutre-
ments, and other appointments whatsoever which may have been supplied
to him in such capacity to the person and at the time and place to be
appointed by the Captain Superintendent.
(2.) It shall be lawful for any Justice of the Peace to issue his warrant
to search for and seize such arms, ammunition, horses, accoutrements,
and other papointments which are not so delivered over, wherever the
same may be found.
22. (1.) Whenever any subordinate officer or constable is guilty of
any neglect or violation of duty in his office, or refuses or neglects to
obey or execute any warrant lawfully directed to be by him executed, or
is guilty of any disobedience to any rule or regulation made under sec-
tion 19 or of any other misconduct as an officer or constable, or, having
duly engaged and bound himself to serve in the Force, deserts therefrom,
or, having been permitted to resign, does not, on ceasing to belong to
the Force, deliver up all arms, accoutrements, and appointments whatso-
ever entrusted to him for the performance of his duty, he shall, on sum-
mary conviction before a Magistrate, be biable to a penalty not exceeding
two hundred doolars to imprisonment,
with or without hard labour, for any term not exceeding six months.
(2.) Every offender shall forfeit all pay during his imprisonment.
23.(1.) The Captain Superintendent or the Deputy Superintendent
shall, in case of breach of discipline or neglect of duty by and constabel,
on proof thereof to his satisfaction, have power to order the offender to
forfeit and pay a sum not exceeding twenty-five dollars or to award
imprisonment for any term not exceeding seven days, with forfeiture of
pay; or, in his discretion, the Captain Superintendent or the Deputy
Superientendent may bring the offender before a Magistrate, who shall
have power to award imprisonment, with or without hard labour, for
any term not exceeding fourteen days, together with forfeiture of all
pay during such imprisonment.
(2.) All sums forfeited under this section (other than forfeiture of
pay) shall be paid into the Colonial Treasury as the Captain Superinten-
dent may direct and shall be applied to such purposes in connexion
with the Force as the Governor may from time to time direct, either
by a general instruction or by a special order in any particular case.
24. The Governor shall have power, on the representation of the
Captain Superintendent, to dismiss any subordinate officer or constable
for misconduct or neglect of duty, or to approve of the reduction of any
sergeant, lance-sergeant, or constable to a lower grade or class in the
Force.
25.(1.) The Governor is hereby empowered to grant rewards to any
offcers, subordinate officers, or constables who may distinguish them-
selves by extraordinary diligence, zeal, or exertion in the execution of
their duties, and the Captain Superintendent shall report to the Gover-
nor any such officer, subordinate officer, or constable who may so dis-
tinguish himself, stating the nature of the service.
(2.) The Governor shall have power to grant distinctive badges or
medals to officers or constables for long and faithful or extraordinary
services, and to withdraw the same if the recipient is subsequently
guilty of misconduct.
26. It shall be lawful for the Governor to direct suitable stations for
the quarters and accommodation of the Force, and furniture suitable for
the same, to be provided, and to direct the erection, fitting up, and
furnishing of suitable premisses as a place or places for instructing,
training, and drilling the Force, as occasion may require.
PART III
MISCELLANEOUS PROVISIONS.
27. If any person, not being a member of the Force, has in his
possession any arms, accoutrements, or appointments supplied to any
officer or constable of the Force, and is not able satisfactorily to account
for his posssession thereof, or puts on or assumes the dress, name, desig-
nation, or description of an officer or constable of the Force, every such per person so offending shall, on summary conviction before a magistrate, in
addition to any other punishment to which he may liable for such offence,
be liable to a penalty not exceeding $200.
28(1) it shall be lawful for any officer or constable of the force
to apprehend any person who may be charged with, or whom he
may reasonably suspect of being guilty of, any felony or misdemeanor,
without any warrrant for that purpose, and whether he has seen such
felony or misdemeanor committed or not.
(2) whenever any person so apprehended is brought without warrrant
to the officer in charge of any police station, it shall be lawful for such
do so and if no magistrate is in attendance at his office, to take bail by
recognizance, with or without sureties, in a sufficient sum, without fee for
examination before a magistrate at some place to specified in the recognizance,
being the earliest time then next after when a magistrate
will be in attendance at his office; and every recognizance so taken shall
be of equal obligation on the parties entering into the same, and liable
to the same proceedings for estreating thereof, as if the same had been
taken before a magistrate.
(3) the respective names, residences, and occupations of the person
so apprehended, and 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; and if he does not appear 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, if he sees
fit to grant such application, enlarge the recongizance to such futher time
as he may think proper, and when the matter has been heard and determined,
such recongizance shall be discharged without fee or reward.
29 in case any action is brougth against any officer or constable of
the force for any act done in obedience to the warrant of any magistrate,
the officer or constable 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 the officer or constable 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 before whom or which the action is tried shall find a verdict or give judgment for he defendant, who shall
also recover double his costs of suit.
30 if any vicctualler or keeper of a house, shop, room, or other place for the
sale of any liquors, whether spirituous or otherwise, knowingly
harbours or entertains any member of the force, or permits him to abide
or remain in his house or on other his premises, during any part of the
time appointed for his being on duty, every such victualler or keeper
shall, on summary conviction before a magistrate, be liable to a penalty
not exceeding $100, together with costs, to be recovered in
a summary manner as the magistrate may direct, and, in default of payment,
shall be liable, if no sufficient distress can be found, to imprisonment,
with or without hard labour, for any term not exceeding 6 months.
31 if any person assaults or resists any member of the force acting
in the execution of his duty, or dis or incites any person so to assault
or resist, or refuses to assist any such member in the execution of his
duty when called upon to do so, every such offender shall, on summary
conviction before a magistrate, be liable to a penalty not exceeding $200, together
with costs, to be recovered in a summary
manner as the magistrate, in his discretion, may order, and, in default
of payment, with or without hard labour, for any term not exceeding 6 months.
32(1) it shall be lawful for the governor, if he thinks fit, on the
application of any householder, to appoint any member of the force to
do special police duty in and upon the premises of the applicant.
(2) every householder who so avails himself of the services of any
constable wshall pay to the captain superintendent for the same the
whole of the pay and allowances of such constable.
(3) all sums which may be received by the captain superintendent
for such special services shall be paid by him into the colonial treasury
forthwith, and be accounted for monthly; and every sum of money due
for such special services shall be deemed a debt due to the crown, and
shall be recoverable in like manner as other crown debts in respect of
rent and otherwise are for the time being by law recoverable.
33 the repeals effected by this ordinance shall not invalidate any
appointments, rules, regualtions, or departmental orders made under any
ordinance hereby repealed, but the same shall be and remain as valid as
if made under this ordinance. SCHEDULES.
THE FIRST SCHEDULE.
FORM NO. 1.
examination of a candidate for the hongkong police fore.
questions. answers.
1 name?...........................
2 age?............................
3 height?..........................
4 complexion?......................
5 eyes?...........................
6 hair?............................
7 particular marks?................
8 figure?..........................
9 where parish, province, or district of?.........
born. in or near the town of?....................
in the colony or country of?..............
10 trade or calling?..................
11 regligion?........................
12 read and write?.......................
13 single or married?....................
14 number of children?...................
15 residence?............................
16 what publice service?..................
17 regiment, corps, etc.?.................
18 lenght of service?......................
19 amount of pension?....................
20 when discharged?.......................
21 with whom last employed?..............
22 and where?.............................
23 if ever in the police service before?...........
24 name, address, and occupation of nearest
relative?............................................
dated the day of 19 .
(signed)
candidate.
approved for medical examination.
dated the day of 19 .
(signed)
captain superintendent of police. FORM NO. 2.
Medical certificate.
I hereby certify that I have examined the above candidate as to his
health and bodily strength, and that I consider him for police
duty.
dated the day of 19 .
(signed.)
principal civil medical officer.
THE SECOND SCHEDULE.
FORM NO. 1.
examination by and oath before magistrate.
questions to be put separtely by the magistrate to a person engaging or
enlisting into the service of the police force.
QUESTIONS. ANSWER.
1 What is your name?.............
2 in what place where you born?......
3 what is your trade or calling?........
4 are you married?...................
5 are you ruptured or lame; have you ever
been subject to fits; or have you any
disability or disorder which impedes the
free use of your limbs or unfits you for
ordinanry labour?.........................
6 do you being to the navy, or army, or
militia?................................
7 have you ever served in the navy or army, or
mailitia, or volunteers?.......................
8 are you willing to serve in the police
force of hongkong for the term of from..........
I, make oath that the above questions have bbe separately
put to me, that the answers thereto have been read over to me, and that they
are the same that I gave and are true.
I also make oath that I will well and faithfully serve her majesty, her
heirs and successors, for the term of as of
the police force of hongkong, and will obey all orders of her majesty, her heirs and successors, and of all magistrates and officers set over me:
so help me god.
(signed)
candidate.
(signed)
witness.
sworn before me at victoria, hongkong,
this day of 19 .
(signed)
magistrate.
FORM NO. 2.
Declaration in lieu of oath.
I, solemnly, sincerely, and truly declare that the above questions
have been separetely put to me, that the answers thereto have been
read over to me, and that they are the same that I gave and are true.
I also solemnly, sincerely, and truly declare that I will well and faithfully
serve her majesty, her heirs and successor, for the term of
as of the police force of hongkong, and will observe and
obey all orders of her majesty, her heirs and successors, and of all magistrates
and officers set over me.
(signed.)
candidate.
(signed.)
witness.
declared before me at victoria, hongkong,
this day of 19 .
(signed)
magistrate.
A.D. 1900.
Ordinance No. 33 of 1900, with Ordinance No. 9 of 1862 ss. 17-21 and No. 29 of 1901 s. 10 incorporated.
Short title. Interpretation of terms. Constitution of Force, etc. Control of Force. Employment of agents to enlist men for Force. Taking of oath of allegiance, etc., by superior officers. No. 1 of 1869. Captain Superintendent to be Justice of the Peace, in matters of Police. Examination, etc., of subordinate officer and constable. First Schedule. Second Schedule. Period of engagement of subordinate officer and constable. Power to enrol constables for limited periods. Engagement of constable appointed under s.10. Application of the Ordinance to constable appointed under s. 10. Renewal of service by subordinate officer or constable for further period. Circumstances in which subordinate officer or constable may be allowed to resign. Terms on which subordinate officer or constable may claim his discharge. Free passage or bonus for European subordinate officer or constable after five years' service. Provisions as to pensions for members of Force. Revocation of pension. Making of rules or regulations. Making of departmental orders. Delivery up of arms, etc., by subordinate officer or constable on quitting Force. Penalty on subordinate officer or constable for neglect of duty, etc. Power to punish for breach of discipline. Dismissal or reduction of subordinate officer or constable for misconduct, etc. Power to grant rewards, badges, and medals for extraordinary services, etc. Provision of stations and furniture. Penalty for possession of Police appointments, or personating officer or constable of Force. Power to officer or constable to apprehend person charge with or suspected of felony or misdemeanor, and bailing of such person. Protection of officer or constable acting in execution of warrant. Penalty on victuallor, etc., harbouring member of Force while on duty. Penalty on person assaulting, etc. member of Force acting in execution of duty. Special duty on expenses thereof on householder's application. Savings. Repealing section not printed in this edition. Section 8. Section 8.
Police Force
AN ORDINANCE to consolidate and amend the laws for the
establishment and regulation of the police force. [29th december, 1900]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the police force ordinance, 1900.
2 in this ordinance-
'subordinate officer' means every member of the police force above the rank of constable, except the captain superintendent, the
deputy superintedent, and the assistant superintendents:
'Pension' includes any allowane in the nature of a pension or
any gratuity on retirement.
PART I
CONSTITUTION OF THE FORCE
3.(1.) The Police Force of the colony shall consist of a Captain
Superintendent, a Deputy Superintendent, and such Assistant Super-
intendents, subordinate offices, and constables as may from time to
time be provided for by the Governor and Legislative Council by
annual vote or otherwise.
(2.) Teh Governor may also authorize the engagement for the service
of the Police Department of such clerks, coxswains, engineers, stokers,
seament, boatmen, and other employees as may from time to time by pro-
vided for by the Governor and Legislative Council by annual vote or
otherwise.
4. The Force shall as heretofore by under the control of the Captain
Superintendent, and the members thereof shall obey all such lawful
commands as they may from time to time receive form the Captain
Superintendent.
5. It shall be lawful for the Governor from time to time to appoint
such agents, with reasonable remuneration for their services and repay-
ment of disbursements, as to him may seem necessary, for the enlistment,
in other portions of Her Majesty's dominions, of fit and proper men for
service in the Force.
PARTII.
REGULATION OF THE FORCE.
6. Teh Captain Superintendent, the Deputy Superintendent, and each
Assistant Superintendent shall, previous to entering on the duties of
their respective offices, take before the Governor the oath of allegiance
and the official oath as set forth in sections 2 and 3 of the Promis-
sory Oaths Ordinance, 1869.
7. The Captain Superintendent shall, during his tenure of office, have
and exercise all the powers of a Justice of the Peace with regard to the
Police Force or any member or members thereof.
8. Every subordinate office and constable shall, before appointment,
be examined and approved by the Captain Superintendent and Princi-
pal Civil Medical Officer, and having been so examined and approved,
according to the forms in the First Schedule to this Ordinance, shall go
before a Magistrate and answer the questions, and subscribe and take the
oath or make the declaration, in the Second Schedule to this Ordinance.
9. Every subordinate officer and constabel shall, except as is herein-
after mentioned, engage and bind himself to serve in the Force for the
term of five yerrs, during which term he shall not be at liberty to resign
his office or to withdraw himself from the duties therof, except as is
hereinafter provided.
10. It shall be lawful for the Governor-in-Council from time to time
to authorize the appointment of any number of constables for such
periods of less than five years, and on such special terms and conditions,
as he may from time to time deem expedient.
11. Every constable so appointed under the alst preceding section
shall bind himself to serve for such period and on such terms and con-
ditions as may be agreed upon, and be shall not be at liberty to resign
or withdraw himself from the Force before the expiration of the period
of his engagement, except as hereinafter provided.
12. All the provisions of this Ordinance, except the provisions of
sections 9,13,15,16,17,and 18,shall, so far as the same are not incon-
sistent with the terms and conditions agreed upon, applu equally to
constables appointed under or in pursuance of section 10, but in case
any such constable is subsequently appointed under or in pursuance of
sections 8 and 9 the whole of his time of service under his first appoint-
ment shall be reckoned in the computation of his service for the purposes
of free passage, bonus, and pension as hereinafter provided for, and in
such case sections 16,17, and 18 shall apply to such constable.
13. In case any subordinate officer or constable who has completed his
period of five years' service is desirous of continuing in the Force, he
shall be at liberty to engage and bind himself for a further term of five
years on similar terms and conditions, and shall take the oath or make
the declaration prescribed by section 8: Provided always that his re-
enlistment is approved by the Captain Superintendent.
14. Notwithstanding anything in this Ordinance to the contrary, the
Governor shall have power to grant permission to resign to any sub-
ordinate officer or constable who may become unfit for further service
form ill-health on the certificate of the Principal Civil Medical Officer to
that effect, or, in any special case brought to his notice by the Captain
Superintendent, the Governor shall have power to grant to any such
officer or constable permission to resign.
15. Any subordinate officer or constable shall be entitled to claim his
discharge at any time on his giving to the Captain Superintendent three
months'pay of the rank he may hold at the time of his giving notice
of withdrawal for each unexpired year of his term of appointment: Pro-
vided always that it shall be lawful for the Governor to remit hte whole
or any part of the said sum.
16. Every Eurpoean subordinate officer or constable shall, at the ter-
mination of each service of five years for which he may be engaged, but
subject to the proviso hereinafter contained, be entitled to a free passage
from this Colony to such port in his native country as the Governor may
direct, or, in lieu thereof, he shall be entitled to a sum by way of bonus
equal to the cost of such passage, provided that such sum does not exceed
three months' pay of the rank to which at the time he may belong:
Provided always that he shall acquire no right to such free passage or
bonus unless he has given three months' previous notice to the Captain
Superintendent of his intention to leave the Force at the expiration of
such service of five years or unless he engages for a further period of
five years, in which case he shall be entitled to the said bonus although
he may not have given such notice.
17. It shall be lawful for the Governor from time to time
to regulate the general conditions on which and the manner in which
persions are to be granted to members of the Force, and to determine in
each particular case whether a pension shall or shall not be granted to
any member of the Force, and, in the event of the Governor
determining that a pension shall be granted to any member of the
Force, to further determine the amount ot be paid in respect htereof
and the terms on which and the manner in which the smae shall be
paid.
18. If, within three years after the granting of a persion under this
Ordinance to nay member of the Force, it is proved, to the satisfaction
of the Governor-in-Council, that the person to whom such pension has
been grated had been guilty of any corrupt practices in the execution
of his office, either byreceiving bribes, or by inducing or compelling
payment, diectly or indirectly, of any valuable consideration to himself
or to any other person by way of a bribe, or by otherwise acting cor-
ruptly in the execution of or under colour of his office as a member of
the Force, then in every such case it shall be lawful for the Governor-in-
Council to revoke and annul the grant of such pension (if any is subsist-
ing) or to make such reduction therein as to the Governor -in-Council
may appear fit.
19. The Captain Superintendent shall from time to time make such
rules or regulations as he may deem expedient for the general govern-
ment and discipline of the Force; but such rules or regulations shall
have no force or effect until they have been approved by the Governor-
in-Council and published in The Gazette.
20. It shall be the duty of the Captain Superintendent from time to
time to make, without reference to the Governore but subject to the
Governor's disallowance or revisal, such other departmental orders as he
may think kit for the carrying out of the daily routine of the Force and
for regulating the internal economy thereof.
21. (1.) Whenever any subordinate officer orconstable resigns the
service or ceases to hold and exercise his office, all power and authority
vested in him by virtue thereof shall forthwith cease and determine to
all intents and purposes whatsoever; and every such officer or constable
shall deliver over all and every the arms, ammunition, horses, accoutre-
ments, and other appointments whatsoever which may have been supplied
to him in such capacity to the person and at the time and place to be
appointed by the Captain Superintendent.
(2.) It shall be lawful for any Justice of the Peace to issue his warrant
to search for and seize such arms, ammunition, horses, accoutrements,
and other papointments which are not so delivered over, wherever the
same may be found.
22. (1.) Whenever any subordinate officer or constable is guilty of
any neglect or violation of duty in his office, or refuses or neglects to
obey or execute any warrant lawfully directed to be by him executed, or
is guilty of any disobedience to any rule or regulation made under sec-
tion 19 or of any other misconduct as an officer or constable, or, having
duly engaged and bound himself to serve in the Force, deserts therefrom,
or, having been permitted to resign, does not, on ceasing to belong to
the Force, deliver up all arms, accoutrements, and appointments whatso-
ever entrusted to him for the performance of his duty, he shall, on sum-
mary conviction before a Magistrate, be biable to a penalty not exceeding
two hundred doolars to imprisonment,
with or without hard labour, for any term not exceeding six months.
(2.) Every offender shall forfeit all pay during his imprisonment.
23.(1.) The Captain Superintendent or the Deputy Superintendent
shall, in case of breach of discipline or neglect of duty by and constabel,
on proof thereof to his satisfaction, have power to order the offender to
forfeit and pay a sum not exceeding twenty-five dollars or to award
imprisonment for any term not exceeding seven days, with forfeiture of
pay; or, in his discretion, the Captain Superintendent or the Deputy
Superientendent may bring the offender before a Magistrate, who shall
have power to award imprisonment, with or without hard labour, for
any term not exceeding fourteen days, together with forfeiture of all
pay during such imprisonment.
(2.) All sums forfeited under this section (other than forfeiture of
pay) shall be paid into the Colonial Treasury as the Captain Superinten-
dent may direct and shall be applied to such purposes in connexion
with the Force as the Governor may from time to time direct, either
by a general instruction or by a special order in any particular case.
24. The Governor shall have power, on the representation of the
Captain Superintendent, to dismiss any subordinate officer or constable
for misconduct or neglect of duty, or to approve of the reduction of any
sergeant, lance-sergeant, or constable to a lower grade or class in the
Force.
25.(1.) The Governor is hereby empowered to grant rewards to any
offcers, subordinate officers, or constables who may distinguish them-
selves by extraordinary diligence, zeal, or exertion in the execution of
their duties, and the Captain Superintendent shall report to the Gover-
nor any such officer, subordinate officer, or constable who may so dis-
tinguish himself, stating the nature of the service.
(2.) The Governor shall have power to grant distinctive badges or
medals to officers or constables for long and faithful or extraordinary
services, and to withdraw the same if the recipient is subsequently
guilty of misconduct.
26. It shall be lawful for the Governor to direct suitable stations for
the quarters and accommodation of the Force, and furniture suitable for
the same, to be provided, and to direct the erection, fitting up, and
furnishing of suitable premisses as a place or places for instructing,
training, and drilling the Force, as occasion may require.
PART III
MISCELLANEOUS PROVISIONS.
27. If any person, not being a member of the Force, has in his
possession any arms, accoutrements, or appointments supplied to any
officer or constable of the Force, and is not able satisfactorily to account
for his posssession thereof, or puts on or assumes the dress, name, desig-
nation, or description of an officer or constable of the Force, every such per person so offending shall, on summary conviction before a magistrate, in
addition to any other punishment to which he may liable for such offence,
be liable to a penalty not exceeding $200.
28(1) it shall be lawful for any officer or constable of the force
to apprehend any person who may be charged with, or whom he
may reasonably suspect of being guilty of, any felony or misdemeanor,
without any warrrant for that purpose, and whether he has seen such
felony or misdemeanor committed or not.
(2) whenever any person so apprehended is brought without warrrant
to the officer in charge of any police station, it shall be lawful for such
do so and if no magistrate is in attendance at his office, to take bail by
recognizance, with or without sureties, in a sufficient sum, without fee for
examination before a magistrate at some place to specified in the recognizance,
being the earliest time then next after when a magistrate
will be in attendance at his office; and every recognizance so taken shall
be of equal obligation on the parties entering into the same, and liable
to the same proceedings for estreating thereof, as if the same had been
taken before a magistrate.
(3) the respective names, residences, and occupations of the person
so apprehended, and 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; and if he does not appear 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, if he sees
fit to grant such application, enlarge the recongizance to such futher time
as he may think proper, and when the matter has been heard and determined,
such recongizance shall be discharged without fee or reward.
29 in case any action is brougth against any officer or constable of
the force for any act done in obedience to the warrant of any magistrate,
the officer or constable 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 the officer or constable 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 before whom or which the action is tried shall find a verdict or give judgment for he defendant, who shall
also recover double his costs of suit.
30 if any vicctualler or keeper of a house, shop, room, or other place for the
sale of any liquors, whether spirituous or otherwise, knowingly
harbours or entertains any member of the force, or permits him to abide
or remain in his house or on other his premises, during any part of the
time appointed for his being on duty, every such victualler or keeper
shall, on summary conviction before a magistrate, be liable to a penalty
not exceeding $100, together with costs, to be recovered in
a summary manner as the magistrate may direct, and, in default of payment,
shall be liable, if no sufficient distress can be found, to imprisonment,
with or without hard labour, for any term not exceeding 6 months.
31 if any person assaults or resists any member of the force acting
in the execution of his duty, or dis or incites any person so to assault
or resist, or refuses to assist any such member in the execution of his
duty when called upon to do so, every such offender shall, on summary
conviction before a magistrate, be liable to a penalty not exceeding $200, together
with costs, to be recovered in a summary
manner as the magistrate, in his discretion, may order, and, in default
of payment, with or without hard labour, for any term not exceeding 6 months.
32(1) it shall be lawful for the governor, if he thinks fit, on the
application of any householder, to appoint any member of the force to
do special police duty in and upon the premises of the applicant.
(2) every householder who so avails himself of the services of any
constable wshall pay to the captain superintendent for the same the
whole of the pay and allowances of such constable.
(3) all sums which may be received by the captain superintendent
for such special services shall be paid by him into the colonial treasury
forthwith, and be accounted for monthly; and every sum of money due
for such special services shall be deemed a debt due to the crown, and
shall be recoverable in like manner as other crown debts in respect of
rent and otherwise are for the time being by law recoverable.
33 the repeals effected by this ordinance shall not invalidate any
appointments, rules, regualtions, or departmental orders made under any
ordinance hereby repealed, but the same shall be and remain as valid as
if made under this ordinance. SCHEDULES.
THE FIRST SCHEDULE.
FORM NO. 1.
examination of a candidate for the hongkong police fore.
questions. answers.
1 name?...........................
2 age?............................
3 height?..........................
4 complexion?......................
5 eyes?...........................
6 hair?............................
7 particular marks?................
8 figure?..........................
9 where parish, province, or district of?.........
born. in or near the town of?....................
in the colony or country of?..............
10 trade or calling?..................
11 regligion?........................
12 read and write?.......................
13 single or married?....................
14 number of children?...................
15 residence?............................
16 what publice service?..................
17 regiment, corps, etc.?.................
18 lenght of service?......................
19 amount of pension?....................
20 when discharged?.......................
21 with whom last employed?..............
22 and where?.............................
23 if ever in the police service before?...........
24 name, address, and occupation of nearest
relative?............................................
dated the day of 19 .
(signed)
candidate.
approved for medical examination.
dated the day of 19 .
(signed)
captain superintendent of police. FORM NO. 2.
Medical certificate.
I hereby certify that I have examined the above candidate as to his
health and bodily strength, and that I consider him for police
duty.
dated the day of 19 .
(signed.)
principal civil medical officer.
THE SECOND SCHEDULE.
FORM NO. 1.
examination by and oath before magistrate.
questions to be put separtely by the magistrate to a person engaging or
enlisting into the service of the police force.
QUESTIONS. ANSWER.
1 What is your name?.............
2 in what place where you born?......
3 what is your trade or calling?........
4 are you married?...................
5 are you ruptured or lame; have you ever
been subject to fits; or have you any
disability or disorder which impedes the
free use of your limbs or unfits you for
ordinanry labour?.........................
6 do you being to the navy, or army, or
militia?................................
7 have you ever served in the navy or army, or
mailitia, or volunteers?.......................
8 are you willing to serve in the police
force of hongkong for the term of from..........
I, make oath that the above questions have bbe separately
put to me, that the answers thereto have been read over to me, and that they
are the same that I gave and are true.
I also make oath that I will well and faithfully serve her majesty, her
heirs and successors, for the term of as of
the police force of hongkong, and will obey all orders of her majesty, her heirs and successors, and of all magistrates and officers set over me:
so help me god.
(signed)
candidate.
(signed)
witness.
sworn before me at victoria, hongkong,
this day of 19 .
(signed)
magistrate.
FORM NO. 2.
Declaration in lieu of oath.
I, solemnly, sincerely, and truly declare that the above questions
have been separetely put to me, that the answers thereto have been
read over to me, and that they are the same that I gave and are true.
I also solemnly, sincerely, and truly declare that I will well and faithfully
serve her majesty, her heirs and successor, for the term of
as of the police force of hongkong, and will observe and
obey all orders of her majesty, her heirs and successors, and of all magistrates
and officers set over me.
(signed.)
candidate.
(signed.)
witness.
declared before me at victoria, hongkong,
this day of 19 .
(signed)
magistrate.
A.D. 1900.
Ordinance No. 33 of 1900, with Ordinance No. 9 of 1862 ss. 17-21 and No. 29 of 1901 s. 10 incorporated.
Short title. Interpretation of terms. Constitution of Force, etc. Control of Force. Employment of agents to enlist men for Force. Taking of oath of allegiance, etc., by superior officers. No. 1 of 1869. Captain Superintendent to be Justice of the Peace, in matters of Police. Examination, etc., of subordinate officer and constable. First Schedule. Second Schedule. Period of engagement of subordinate officer and constable. Power to enrol constables for limited periods. Engagement of constable appointed under s.10. Application of the Ordinance to constable appointed under s. 10. Renewal of service by subordinate officer or constable for further period. Circumstances in which subordinate officer or constable may be allowed to resign. Terms on which subordinate officer or constable may claim his discharge. Free passage or bonus for European subordinate officer or constable after five years' service. Provisions as to pensions for members of Force. Revocation of pension. Making of rules or regulations. Making of departmental orders. Delivery up of arms, etc., by subordinate officer or constable on quitting Force. Penalty on subordinate officer or constable for neglect of duty, etc. Power to punish for breach of discipline. Dismissal or reduction of subordinate officer or constable for misconduct, etc. Power to grant rewards, badges, and medals for extraordinary services, etc. Provision of stations and furniture. Penalty for possession of Police appointments, or personating officer or constable of Force. Power to officer or constable to apprehend person charge with or suspected of felony or misdemeanor, and bailing of such person. Protection of officer or constable acting in execution of warrant. Penalty on victuallor, etc., harbouring member of Force while on duty. Penalty on person assaulting, etc. member of Force acting in execution of duty. Special duty on expenses thereof on householder's application. Savings. Repealing section not printed in this edition. Section 8. Section 8.
Abstract
A.D. 1900.
Ordinance No. 33 of 1900, with Ordinance No. 9 of 1862 ss. 17-21 and No. 29 of 1901 s. 10 incorporated.
Short title. Interpretation of terms. Constitution of Force, etc. Control of Force. Employment of agents to enlist men for Force. Taking of oath of allegiance, etc., by superior officers. No. 1 of 1869. Captain Superintendent to be Justice of the Peace, in matters of Police. Examination, etc., of subordinate officer and constable. First Schedule. Second Schedule. Period of engagement of subordinate officer and constable. Power to enrol constables for limited periods. Engagement of constable appointed under s.10. Application of the Ordinance to constable appointed under s. 10. Renewal of service by subordinate officer or constable for further period. Circumstances in which subordinate officer or constable may be allowed to resign. Terms on which subordinate officer or constable may claim his discharge. Free passage or bonus for European subordinate officer or constable after five years' service. Provisions as to pensions for members of Force. Revocation of pension. Making of rules or regulations. Making of departmental orders. Delivery up of arms, etc., by subordinate officer or constable on quitting Force. Penalty on subordinate officer or constable for neglect of duty, etc. Power to punish for breach of discipline. Dismissal or reduction of subordinate officer or constable for misconduct, etc. Power to grant rewards, badges, and medals for extraordinary services, etc. Provision of stations and furniture. Penalty for possession of Police appointments, or personating officer or constable of Force. Power to officer or constable to apprehend person charge with or suspected of felony or misdemeanor, and bailing of such person. Protection of officer or constable acting in execution of warrant. Penalty on victuallor, etc., harbouring member of Force while on duty. Penalty on person assaulting, etc. member of Force acting in execution of duty. Special duty on expenses thereof on householder's application. Savings. Repealing section not printed in this edition. Section 8. Section 8.
Ordinance No. 33 of 1900, with Ordinance No. 9 of 1862 ss. 17-21 and No. 29 of 1901 s. 10 incorporated.
Short title. Interpretation of terms. Constitution of Force, etc. Control of Force. Employment of agents to enlist men for Force. Taking of oath of allegiance, etc., by superior officers. No. 1 of 1869. Captain Superintendent to be Justice of the Peace, in matters of Police. Examination, etc., of subordinate officer and constable. First Schedule. Second Schedule. Period of engagement of subordinate officer and constable. Power to enrol constables for limited periods. Engagement of constable appointed under s.10. Application of the Ordinance to constable appointed under s. 10. Renewal of service by subordinate officer or constable for further period. Circumstances in which subordinate officer or constable may be allowed to resign. Terms on which subordinate officer or constable may claim his discharge. Free passage or bonus for European subordinate officer or constable after five years' service. Provisions as to pensions for members of Force. Revocation of pension. Making of rules or regulations. Making of departmental orders. Delivery up of arms, etc., by subordinate officer or constable on quitting Force. Penalty on subordinate officer or constable for neglect of duty, etc. Power to punish for breach of discipline. Dismissal or reduction of subordinate officer or constable for misconduct, etc. Power to grant rewards, badges, and medals for extraordinary services, etc. Provision of stations and furniture. Penalty for possession of Police appointments, or personating officer or constable of Force. Power to officer or constable to apprehend person charge with or suspected of felony or misdemeanor, and bailing of such person. Protection of officer or constable acting in execution of warrant. Penalty on victuallor, etc., harbouring member of Force while on duty. Penalty on person assaulting, etc. member of Force acting in execution of duty. Special duty on expenses thereof on householder's application. Savings. Repealing section not printed in this edition. Section 8. Section 8.
Identifier
https://oelawhk.lib.hku.hk/items/show/736
Edition
1901
Volume
v2
Subsequent Cap No.
232
Cap / Ordinance No.
No. 11 of 1900
Number of Pages
11
Files
Collection
Historical Laws of Hong Kong Online
Citation
“POLICE FORCE ORDINANCE, 1900,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/736.
