5
Appointment,
promotion, dismissal and
compulsory retirement
9. (1) Gazetted officers may be appointed, promoted or dis- missed by the Governor.
(2) Inspectors and non-commissioned officers may be appointed, of members. promoted, reduced in rank or dismissed by the Commissioner.
Ranks.
Enrolment.
First Schedule.
Deguimental
Orders.
(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 officiently the duties which he is or may be called upon to perform as a member.
(5) The Commissioner may require any inspector, non-commis- sioned 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 prefixed by the letters "H.K.A.P." 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.
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 First Schedule before a magistrate or a justice of the peace.
12. (1) Subject to the provisions of subsection (3), the Commis- and Standing sioner may from time to time issue orders of a departmental nature (to be known as the Hong Kong Auxiliary Police Force Departmenia|| Orders) for the control, direction and information of the Force.
Beards of Discipline.
(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 Hong Kong Auxiliary Police Force Standing Orders) for the control, direction and information of members.
(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 Command- ant 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 the regular gazetted police officer for the time being appointed by the Commissioner as the Staff Officer of the Force and two gazetted officers.
14. Any member, other than a gazetted officer, who is found Disciplinary guilty by a Board of Discipline of having committed any of the follow- offences and
pedoltics. ing disciplinary offences-
(a) absence from duty without leave or good cause;
(b) sleeping on duty;
(e) 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;
() insurbordination;
(A) being unfit for duty by reason of intoxication: (i) malingering;
() in the course of duty, making a statement which is false in a
material particular;
(A) unlawful or unnecessary exercise of authority which results in
loss or injury to any person or to the Government;
( wilfully or negligently damaging or destroying or negligently
losing any Government properly; or
(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 Appeal from of or punishment imposed by a Board of Discipline, he may, within Boards of seven days of the communication to him of such finding or the Discipline, 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.