1948-HKRS29-8-15_Part04 — Page 35

Authenticated Laws 確真本香港法例 All

Failure by

volunteers to fulfil obliga- efficiency at.

tions as to

10

Commanding Officer, discharge from the Force any volunteer, who has not been called out, for any offence or misconduct.

(2) Any volunteer who feels aggrieved by such discharge may through the normal service channels appeal to the Governor and the Governor may cancel or confirm auch discharge or give such other directions with reference thereto and such determination shall be binding on all persons.

(3) Commanding Officers may infict such summary punishments as are laid down in the regulations to the Ordinance for minor offences committed by volunteers under their command.

(4) (a) If any officer or volunteer, when on duty with the Force or any part thereof, or when wonring the uniform of the Force, commits an offence against this Ordinance or any regulations made therenader he may if he is an officer be placed under arrest by a superior officer and if he is a volunteer be placed under arrest by an officer, warrant officer or Bon-commissioned officer of the Force, who is bie superior in rank.

(8) de officer or volunteer may not be kept under arreat longer than during the period which he would have been on duty with the Force or would be in uniform.

(c) Every such arrest shall be forthwith reported to the appropriate Commanding Officer who will inform the Commandant.

(d) Release from anch arrest shall be without prejudice to any subsequent proceedings for discharge or summary punishment under the provisions of this section.

23. (1) Without prejudice to the provisions of section 22 but subject to the provisions of sub-sections (2) and (3) bereof every volunteer who, in the opinion of the Commandant faile without reasonable excuse, to complate the requirements of efficiency in any year shall forfeit the sum of one hundred dollars which shall be paid into the Commandant's Welfare Fund,

(2) No volunteer shall be liable to forfeit the said sum of one hundred dollars in respect of the year daring which he attains such age of compulsory retirement as may be prescribed by regulations.

(3) If any volunteer other than a person referred to in sub-section (2) quits the Force without completing the require mouts of efficiency in any year, he shall remain liable to forfeit the said sum of one hundred dollars: Provided that the Commandant may exempt from the liability any volunteer who, in his opinion quitted the Force for a reasonable and bona Ade cause and used reasonable diligence in his training until he quitted the Force.

(4) If any volunteer fails to fulfil any of his obligations under this Ordinance, such failure shall be deemed to be a sufficient cause for discharge within the meaning of section 22(1): Provided

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that no volunteer shall be discharged for this cause if the Commandent or the flovernor in the case of appent is of opinion that such volunteer had a reasounhle excuse for auch failure.

(5) For the purpose of this section the year shall be deened to start on the 1st day of April.

24. Any officer or volunteer who feels that he has a just cause Complaint. for complaint in any matter relative to the Force raay present his complaint to the Service Commander of his unit through the Commanding Officer and the Commandant with a right of appeal to the Governor whose decision shall be final.

the Fores.

25. Any person who wilfully obstructs any part of the Force Obstructing or any officer or volunteer in performance of any service or duty under this Ordinance or regulations made thereunder shall be guilty of an offence.

26. Any person who is guilty of au offence under this Penaltics. Ordinance for which no special penulty is provided shall be liable olt conviction to u fine not exceeding our thousand dollars and in default of payment to imprisonment not exceeding aix months.

PART V.

PROPERTY OF THE Force.

27. All moneya subscribed by or to, or for the use of the Vesting of Force as a whole, or lawfully used by it, not being the property property of

Force in of an individual member of the Force, and the exclusive right to Commandane, sue for and recover entrent subscriptions, arreurs of subscriptions and the moneys due to the Force as a whole, shall vast in the Commandant with power for him to sue, to make controla und conveyances, and to do all other lawful things relating thereto and the Commandant shall be deemed to be a public officer and the service of the Force as a whole shall be deemed to be a public service.

28. If any officer or volunteer gives, sells, pledges, lends or Wrongful otherwise disposen without proper authority or permission any disposal of arms, ammunition, appointments, clothing, supplies or any other property, article or thing being public properly or property of the Force or any part thereof entrusted to or held by him shall upon summary conviction by a magistrate be liable to a fine not exceeding one thousand lollars and to make good the value thereof as assessed by the Commandant.

29. If any officer or volunteer fails duly to deliver up in good heurn of condition (fair wear and tear only excepted), any arms, clothing, arms etc. or appointments which he is liable under this Ordinance to deliver up, or any urma, clothing and appointments being public property or property of the Force or any part thereof, which he has been ordered to deliver up either temporarily or permanently, he shall upon summary conviction by a wagistrate be liable to a fiue not escceding one thousand dollars and to make good the value thereof as assessed by the Commandant.

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