1949-HKRS28-8-16_Part02 — Page 7

Punish- mont of district watchmen.

Dalrich watchmon not

exempted

from ordinary

process of law.

PART IIT.

DISCIPLINE,

19. Any district watchman who shall be guilty of any of the following offences—

(a) absence from duty without leave or good cause; (b) sleeping on duty;

(e) condnet to the prejudice of good order and discipline; (d) cowardice in the performance of duty;

(e) disobedience of District Watch Force Rogulations, or any District Watch Force Orders, whether written or verbal;

(f) being unfit for duty through intoxication;

(g) insubordination;

(A) neglect of duty or orders;

(4) malingering;

() in the course of his duty making a statement which

is false is a material particular;

(*) excess of duty resulting in loss and injury to any

other person;

(7) wilful destruction or negligent loss of or injury to Government properly;

(m) conduct calculated to bring the public service into

disrepute, shall be liable on conviction before the Secretary for Chinese Affairs to any of the following punishments ;-

(i) reduction in rank or class;

(ii) forfeiture of not more than one mouth's pay (except in the case of absence without good cuuse, when forfeiture of pay shall extend to the period of absenco in addition to any other punishment inflicted).

In lieu of or in addition to either of the aforesaid punishments, any such district watchman may be dismissed from the District Watch Force by the Secretary for Chinese Affairs and in such case he may be ordered to resign forthwith in which case he shall not receive salary in lieu of notice.

20. (1) Nathing in this Ordinance shall be construed to exompt any district watcbman from being procceded against by the ordinary course of law when aconsed of any offence punishable under any other Ordinance or low.

(2) No district watchman who has been acquitted by a magistrate or the Court of any crime or offence shall be tried departmentally on the same charge.

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(8) No pay or allowance shall be payable to any district watchman following the date of the conviction of such district watchman by a magistrate or the Court for any erime or offence unless the approval of the Sacratory for Chinese Affairs of such payment shall be given and, unless such conviction is reversed on appeal, such district watchman may be dismissed by the Secretary for Chinese Affairs, and in the event of dismissal any arrears of pay due to him may be forfeited by order of the Secretary for Chinese Affairs,

21. Nothing in this Ordinance contained shall be construed Saving of to limit the right of the Crown or the Government to dismiss or the pre- torminate the appointment of any district watchman and without alive

rights of tho compensation.

Crown, etc.

PART IT.

PROCEDURE AND MISCELLANEOUS PROVIS10755.

22. To all matters in which by this Ordinance or by District Powers of Watch Force Regulations made hereunder jurisdiction is given to magistrates the Secretary for Chinese Affairs to inflict punishments, the

powers

to ba exercised

of a magistrate may be exercised by the Secretary for Chinese by the Affairs in so far as is necessary to enable him to exercise such Secretary jurisdiction.

for Chinese Affairs.

23. (1) The Governor in Council may make such regulations District to be called "District Watch Force Regulations" as he may think Watch expedient not inconsistent with the provisions of this Ordinance. Force Re- Such regulations may provide for-

(a) organisation and distributiou; (6) appointments, pay, reaiguations, discharges,

dismissals, reductions and reversions;

leave;

(c) discipline and punishments;

(d) leave of absence and fares and passages oo ruch

(e) description of uniforms, arms and accoutrements

to be provided;

(f) auch matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the District Watch Force effcient in the discharge of its duties, and for carrying out the objects of this Ordinoore.

(2) Every regulation made under this section shall he published in the Gazette.

li

to ba

24. Every person taken into custody by a district watchman Person with or without a warrant, except a person detained for the mere arrested purpose of taking his name and residence, shall be forthwith delivered to delivered into the custody of the officer in charge of the nearest custody of police station or to a police officer authorised in that behalf by police officer the Commissioner of Police.

in charge of police utation.