Construction
etc., where
838
14. Wherever in any Ordinance, Order of the Governor of Ordinance, in Council, Order of the Governor, rule, regulation, minute, by-law, deed, contract, official letter or other docu- ment, the expression "Captaiu Superintendent of Police” occurs and, in order to give effect thereto, it is necessary to substitute the expression Inspector General of Police", such Ordinance or other document shall be read and construed accordingly.
expression Captain Superinten- dent occurs.
Commence- mont,
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15. This Ordinance shall come into force on the 1st day of January, 1930.
Objects and Reasons
1. The titles of the superior officers of the Police Force are about to be altered, and a new office of deputy to the chief officer of the force is about to be created. This will involve various amendments of the Police Force Ordinance, 1900, Ordinance No. 11 of 1900. The new titles will be Inspector General of Police, Deputy Inspector General of Police (the new post), and Divisional Superin- tendents. Sections 2, 3, 4, 9 and 13 of this Ordinance introduce the new titles into various sections of the principal Ordinance.
2. Section 5 gives statutory recognition to the practice of having a probationary period for police recruits, and provides that such probationary officers may be dis- charged during their probationary period if they prove unsatisfactory.
3. Section 6 of this Ordinance gives the Governor power to grant free passages in special cases before the completion of the ordinary statutory period of service.
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4. Section 17 of the principal Ordinance gives the Governor in Council power to regulate the granting of pensions to members of the Police Force. By virtue of section 3 of the principal Ordinance the term Police Force" includes, inter alios, the superior officers of the force. The pensions of these officers are in fact regulated by the general Pension Minutes, and not by any police pension regulations. The same remark applies to the civilian staff of the Police Force. In their case section 17A of the principal Ordinance expressly provides that they shall come under the general Pension Minutes. There is no such provision with regard to the superior officers of the force and there is no regulation on the subject of their pensions. It seems desirable to deal with their case in the same way as that of the civilian staff. Accordingly section 7 of this Ordinance includes in section 17A of the principal Ordinance reference to the superior officers of the force.
5. Section 8 of this Ordinance repeals the three sections of the principal Ordinance which deal with the making of regulations and departmental orders, and substitutes one simplified section. The existing sectious distinguish, though not very clearly, between two kinds of rules, i.e., regulations and departmental orders. Regulations are made by the Captain Superintendent of Police with the approval of the Governor in Council. Departmental orders are made by the Captain Superintendent of Police without reference to the Governor but subject to the Governor's subsequent disapproval. Regulations must be published in the Gazette in order to be valid. Depart- mental orders need not be published in the Gazette. The line of demarcation between regulations and departmental orders is not clear. Questions may therefore arise at any time as to the strict legal validity of such regulations and departmental orders.
The proposed new section will give the entire power of making regulations to the Inspector General of Police, and all regulations will be of the one class. These regulations will not require to be published in the Gazette, but will appear in Police General Orders. As required by the new section, these regulations will be
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