Powers of members of certain auxiliary services and Her Majesty's forces.
(Cap. 21
(Cap. 1993
(Cap. 233.3
24
50. (1) Without prejudice to the provisions of this Ordinance or of any other law, a member of the Hong Kong Auxiliary Police Force on duty, and while proceeding to and from duty, when the Force or the part of the Force to which such member belongs, or such member, has been called out under subsection (1) or (2) of section 16 of the Hong Kong Auxiliary Police Force Ordinance shall have the same duties, powers, protection and immunities as are imposed or conferred by this Ordinance or any other law on a police officer of equivalent rank.
(2) (a) A member or officer of the Royal Hong Kong Defence Force on duty, and while proceeding to and from duty, when the Force has been called out under subsection (1) of section 16 of the Royal Hong Kong Defence Force Ordinance or the unit or part of the Force to which such member or officer belongs, or such member or officer, has been called out under subsection (1) of section 17 of the Royal Hong Kong Defence Force Ordinance shall have the same power of arrest as is conferred on a police officer by section 50 of the Police Force Ordinance and may use such force as may be necessary for that purpose.
(b) Whenever the Governor so directs, a member or officer of the Royal Hong Kong Defence Force on duty, and while proceeding to and from duty, when the Force has been called out under subsection (1) of section 16 of the Royal Hong Kong Defence Force Ordinance or the unit or part of the Force to which such member or officer belongs, or such member or officer, has been called out under subsection (1) of section 17 of the Royal Hong Kong Defence Force Ordinance shall have the same powers, protection and immunities as are imposed or conferred by this Ordinance or any other law on a police officer of equivalent rank.
(3) Without prejudice to the provisions of this Ordinance or of any other law, any member of Her Majesty's forces acting in aid of the civil power shall have the same powers, protection and immunities as are imposed or conferred by this Ordinance or any other law on a police officer.
(4) Without prejudice to the provisions of this Ordinance or of any other law, any commissioned officer in Her Majesty's forces acting in aid of the civil power shall have the powers conferred by subsections (2), (3) and (4) of section 11 and subsection (1) of section 49 on a police officer of or above the rank of inspector.
(5) A certificate purporting to be signed by the Colonial Secretary and stating that a member of Her Majesty's forces was,
25
at the time specifled therein, acting in aid of the civil power shall be conclusive evidence thereof in all proceedings and for all purposes.
51. (1) The Governor may give such directions as he thinks fit with respect to the exercise or performance by the Commis- sioner of Police or any other police officer of the powers, functions or duties conferred or imposed on him by or under this Ordinance, either generally or in any particular case.
(2) The Commissioner of Police and any other police officer shall, in the exercise or performance of such powers, functions or duties, comply with any directions given by the Governor under subsection (1).
52. The Commissioner of Police may-
(a) delegate to any police officer of the rank of inspector or above any of the powers conferred on him by section 4. 6. 7. 31, 37 or 41; and.
(b) delegate to any police officer of the rank of assistant superintendent or above any of the powers conferred on him by any other provision of this Ordinance.
53. Without prejudice to the provisions of section 46, no person acting in good faith under the provisions of this Ordinance shall be liable in damages or otherwise for any act done by him in pursuance or exercise of any obligation, duty or power imposed or conferred, or reasonably supposed to be imposed or conferred. on him by this Ordinance, if done in good faith, and done or purported to be done in the execution of his duty or for the public safety or for the defence of Hong Kong or for the enforcement of discipline or otherwise in the public interest, if such person be a person holding office under or employed in the service of the Crown in any capacity, whether naval, military, air force or civil, or be an officer or member of the Royal Hong Kong Defence Force or a member of the Hong Kong Auxiliary Police Force acting as such or be a person acting under the authority of a person so holding office or so employed or such an officer or member.
54. The Peace Preservation Ordinance and the Public Order Ordinance are repealed.
55. (1) Sections 12 and 13 of the Malicious Damage Ordin- ance are repealed.
(2) The Corporal Punishment Ordinance is amended by deleting paragraph 9 of the First Schedule thereto.
Power of
Governor to give directions.
Delegation of powers.
Indemnity to persons acting under Ordinance.
Repeal. (Cap. 2443 (Cap. 245.)
Amendments. (Cap. 2110
(Cup. 222.3
No comments yet.
Private notes are available after approval.