1963-HKRS29-8-30_Part02 — Page 11

Inter- pretation.

First Schedule.

Establish- ment and function, (Cap. 109).

Direction

Iration.

2

1. In this Ordinance, unless the context otherwise requires-

"Colonial Regulations" means the regulations applicable to Her

Majesty's Overseas Civil Service:

"General Orders" means the general orders of the Government; "member" means a person holding an office specified in the First

Schedule:

"Preventive Service" means the service established by section 3.

PART II.

CONSTITUTION, DUTIES AND POWERS.

3. There shall be established a Preventive Service which shall perform the functions hitherto performed by the revenue officer appointed under the Dutiable Commodities Ordinance, and shall take lawful measures for the enforcement of the laws of the Colony pertain- îng to dutiable commodities, importation and exportation and smuggling and do such other things as may be required of it by law,

4. (1) The Director of Commerce and Industry shall be the and adminis. Commissioner of the Preventive Service; a Deputy Director of Commerce and Industry shall be a Deputy Commissioner of the Preventive Service and Assistant Directors of Commerce and Industry shall be Assistant Commissioners of the Preventive Service.

Constitution. First Schedule.

Payment.

Powers. rights and duties of members. First Schedule.

(2) The Commissioner, subject to the orders and control of the Governor, shall be charged with the direction and administration of the Preventive Service.

5.

The Preventive Service shall consist of the offices specified in the First Schedule.

6. Provision for the payment and maintenance of the Preventive Service shall be by charges on the general revenues of the Colony, to such amount and in such proportion as may from time to time by annual vote or otherwise be voted by the Legislative Council.

7. (1) Any member holding an office specified in the First Schedule may exercise and discharge any of the rights, powers and duties conferred by any enactment upon the holder of such office.

(2) Any rights, powers and duties conferred by any enactment upon a revenue officer shall be deemed to be conferred upon the holder of any office specified in the First Schedule.

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3

(3) A warrant card shall be issued to every member and shall be conclusive evidence of his appointment under this Ordinance.

B

arrest.

(1) Any member, in addition to powers conferred by any Power of other enactment, may, subject to the provisions of this section, arrest or detain for further inquiries without warrant any person found or reasonably suspected of committing or attempting to commit, or employing, aiding or assisting any person in committing any offence against, or of the unlawful possession of any article liable to forfeiture under, the provisions of any enactment specified in the Second Schedule, Second or any regulations made thereunder.

(2) The Governor in Council may by order amend, add to or delete from the Second Schedule.

(3) Every member who with or without warrant arrests any person under this Ordinance shall, where he is of opinion that an offence has been committed against the provisions of this Ordinance. take the person to a police station, or if further inquiries are necessary first to the office of the Commissioner and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance:

Provided that in no case shall any person be detained for more than forty-eight hours from the time of arrest without either being charged and brought before a magistrate or being released.

Schedule.

(Cap. 232).

service of members.

9. (1) The Pensions Ordinance and the Pensions Regulations, the Terms of Public Services Commission Ordinance and the Public Services Com- mission Regulations, Colonial Regulations and General Orders for the (Cap. 89). time being in force, save in so far as is otherwise provided therein or p. 6). in this Ordinance or in any regulations made under this Ordinance, shall (Cap. 93). (Vol. IX. apply to all members.

P. 31).

(2) Save as is otherwise provided in this Ordinance, the conditions of service of members, including conditions as to appointment, promo- tion, transfer, discipline and termination of appointment, and the grant of benefits upon retirement, shall be in accordance with the provisions of the Public Services Commission Ordinance, the Public Services Com- mission Regulations, Colonial Regulations, General Orders, the Pensions Regulations and the Pensions Ordinance.

(Vol. IX.