CO129-005 - Sir Henry Pottinger - 1844 — Page 398

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Chief Magistrate

commands, as they may from time to time receive from the said Chief, Marine, or assistant Magistrate, and Superintendent of Police, or any other inferior officers, who may at any time be appointed over them.

3.And in order to provide for one uniform system of Rules and Regulations, to make Rules with throughout the whole Establishment of Police in Hongkong. Be it enacted, that the approbation of the said Chief Magistrate may from time to time, subject to the approbation of the Governor Governor.

for the time being, frame such orders and Regulations, as he shall deem expedient for the general government of the men, to be appointed members of the Police Force under this Ordinance, the places of their residence, the classification, rank, and particular service of the several members, their distribution, and inspection, the description of arms, accoutrements, and other necessaries to be furnished to them, and which of them shall be provided with horses for the performance of their duties, and all such orders, and regulations relative to the said police force, as the said Chief Magistrate shall, from time to time, deem expedient for preventing neglect, or abuse, and for rendering such force efficient, in the discharge of all its duties, and the said Chief Magistrate may at any time suspend, or dismiss from his employment, any man belonging to the said Police force, whom he shall think remiss, or negligent, in the discharge of his duty, or otherwise unfh for the same, and when any man shall be so dismissed, or cease to belong to the said Police for e, all powers, vested in him as a Constable by virtue of this Ordinance, shall imunediately cease and determine.

Constable not to re-

4. And be it enacted, that no constable to be appointed under this Ordinance, sign without notice, shall he at liberty to resign his office, or withdraw himself from the duties thereof, unless and penalty thereon. expressly authorized so to do in writing, by the Chief Magistrate of Police, or unless he slad give to the said Chief Magistrate of Police, two months notice of his intention so to resign, or withdraw, and if any such constable shall so resign, or withdraw himself without such previous permission or notice, he shall for such offence forfeit and pay a penalty, not exceeding two hundred dollars, on conviction thereof in a summary manner before one Justice of the peace, in manner provided by Ordinance No. 10° of 1844, intituled An Ordinance to rem date summary proceedings before Justices of the Peace, ** and for the protection of Justices in the execution of their Office.” Constable ceasing 5.-And be it enacted, that when any constable to be appointed under this to be such to deliver Ordinance, shall be dismissed from, or shall cease to hold, and exercise bis oflice, all up arms clothes &c.

powers, and authorities vested in hum as a constable, shall immediately cease and penalty in default thereof.

determine, to all intents and purposes whatever: and if any such constable shall not within one week after he shall be dismissed from, or cease to hold, and exercise his office, deliver over all and every the arms, and ammunition, and accoutrements, horse, saddle, bridle, clothing, and other appointinents whatsoever, which may have been supplied to him, for the execution of such office, to such person, and at such time, and plice as shall be directed by the said Chief Magistrate, such person making default therein shall, upon conviction for every such offence in a summary manner before a Justice of the Peace, be subject and liable to imprisonment in the common gal, or house of correction, for any period not exceeding three months, and kept to hard' labour, as such Justice of the Peace may direct, and it shall be lawful for such Justice of the Peace, and he is hereby authorized and required, to commait every such offender accordingly, and to issue his warrant to search for, and seize to the use of Her Majesty, all and every the arms, ammunition, accoutrements, horses, bridles, sad-lles, clothing, and other appointments whatsoever, which shall not he so delivered over wherever the same shall be found.

Penalty for Con-

6.And be it enacted, that if any constable to be appointed under this Ordinance, stable remiss in his shall be guilty of any neglect, or violation of duty in his office, or shall neglect or refuse duty.

to obey and execute any warrant, lawfully directed to be by him executed or shall be guilty of any disobedience to the orders and regulations framed, as herein before mentioned, by the said Chief Magistrate, or other misconduct as a constable, he shall for every such offence, on conviction thereof before a Justice of the Peace in a summary manner, forfeit and pay a penalty not exceeding two hundred dollars, and the amount of such penalty shall, and may be deducted from, and out of any salary accruing de to such offender under this Ordinance, upon a certificate thereof, to be, by the Justice before whom he may be convicted, transmitted to the Treasurer of the said Colony. Penalty in person 7-And be it enacted, that if any person, not appointed and acting under this having in his posses- Ordinance, shall have in his possession any arms, ammunition, or any article of clothing. sion arms belonging accoutrements, or appointments supplied to any person under this Ordinauris, and evali to or assuming the dress of the Police not be able satisfactorily to account for his, or her possession thereof, or shall put on, or assume the dress, name, designation, or description of any person or persons, or any class of persons, appointed under this Ordinance, for the purpose of thereby obtaining admission into any house, or other place, or of doing, or procuring to be done, any other act, which such person or persons, so putting on, or assuming such dress, name, designation, or description, would not by law be entitled to do, or procure to be done of his, or their own authority, every such person so offending shui, in addition to any other punishment to which he, or she may be liable for such offence, forfeit and pay for every such offence any sum not exceeding two hundred dollars, to be recovered in a summary manner, on conviction before a Justice of the Peace.

force.

Governor may in-

8.-And be it enacted, that it shall and may be lawful to and for the said Chief, Marine, or Assistant Magistrate, or the Superintendent of Police, or either or any of stitute inquiries into them, or any other person or persons, to be nominated for the purpose from time to time conduct of Police- by the Governor, to examine on oath into the truth of any charges or complaints, men on Oath. preferred against any person to be appointed under this Ordinance, of any neglect or violation of duty in his office, and to report thereon to the Governor, and any person who on such inquiry, or on any other occasion on which an Oath may be administered under this Ordinance, shall give false evidence, or take a false outh, and be thereof able as Perjury. duly convicted, shall be deemed guilty of wilful and corrupt perjury, and shall be liable to such pains and penalties, as persous convicted of wilful and corrupt perjury are or may be subject and liable to.

False Oath punish-

Common report to

9-And be it enacted, that if any question arise as to the right of any Chief, Marine, or Assistant Magistrate, or Superintendent of Police, or any Serjeant, or other he proof of the right inferior officer, or of any common constable, to hold or execute any such office of any person to respectively, common reputation shall to all intents and purposes be deemed, and held exercize any office to be sufficient evidence of such right, and it shall not be necessary to produce any, ances

under thua Ordin appointment, or any Oath, affidavit, or other document, or matter whatsoever, in proof of such right.

Fines imposed on

10.--And be it enacted, that all fines imposed on any Serjeant, or other inferior officer, or on any constable under this Ordinance. shall be paid to the Treasurer of Policemen to form a the Colouy of Hongkong, and be carried by him to a separate account, so that the reward fund. same may form a fund, to be called the "Police Reward Fund," to be appropriated for the payment of such rewards, gratuities, bounties, peusions, or other allowances, as the Governor may from time to time award, or direct to be paid to any person or persons appointed under this Ordinance, or to the widows and families of any such person at his death. And that it shall and may be lawful for the Governor to direct, if he shall Governer think fit, that any proportions not exceeding ten shillings in the year, for every one deduct portion of hundred pounds of the salary of every person appointed under this Ordinance, and so Salary to increase in proportion for any salary less than one hundred pounds, shall be deducted yearly Reward Fund. froin such salaries, and added to the Reward Fund and form part thereof.

may

IL-And be it enacted, that where any person, charged with any misdemeanour

Policeman

in

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bad.

or petty felony, shall be brought without a warrant of a Justice of the Peace, into the Chic Command at custody of any Serjeant of Police, or any other inferior officer of Police, in actual Chief ay Station to take command at any Police station, it shall be lawful for such Serjeant, or other inferior officer of Police, if he shall deem it prudent, (provided the Justice of the Peare, before whom the party charged with such misdemeanor, or petty felony is to be taken for examination on such charge, be not then in attendance at his office,) to take bail by recognizance without any fee or reward from such person, conditioned that such

person shall appear for examination before a Justice of the Peace, at some place to be specified in the recognizance, and at such earliest time then next after, when such Justice of the Peace shall be in attendance at his office, and every recognizance so taken shall be of equal obligation on the parties eutering into the same, and able to the same ti ceedings for estreating thereof, as if the same had been taken before a Justice of the Peace, and the name, residence, and occupation of the party, and his surety or sureties, if any entering into sach recognizance, together with the condition thereof, and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose, which shall be laid before such Justice, as shall be present at the time and place, when and where the party is required to appear, and if the party do not appear at the time and place required. or within one hour after, the Justice shall cause a record of the recognize to be drawn up, and shall pow the same to the next sinings of the court, in which the offence charged should be brought for trial, with a certicate at the back thereof, sigued by such Justice, that the party or parties have not complied with the obligation therei (contained, and the proper officer of the said cont shall make the like estreats and Schedules of every such recognizance, as of recognizances forfeited in the said court, and if the party not appearing shall apply by any person on his Bail to be estreated, behalf, to postpone the hearing of the charge against him, and the Justice shall think fil to consent thereto, the Justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint, and when the matter shall be heard and Bail may be enlarged determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof before any superior court, the recognizance for the appearance

Recognizance of

Recognizance of

Constables to at-

of the party before a Justice shall be discharged without fee or reward,

12-And be it enacted, that the Chief Magistrate of Police, subject to the

e tu dine direct a subieten: kat Magistrates. approbation of the Governor for the time being, shall from ré number of men belongeus to the Poben form to be appointed nacke this. Ordinance, and of such ranks as shah be necessary and proper to attend at the Justices on the acting in and for any port, district, or other division of the said Colony respectively, who shall ober and expeine all the lawful warrants, orders, and commands of such Justices, in all matters civil and erimnat.

-Luce

13-And whee any warrant, order, or command of any Magistrate, shall be delivered or given to any constable, Serjeant, or other inferior officer of Police, he shall, if the time will permit, show or deliver the same to the Superintendent of Police, or

Name of consta le appointed to execme warrant to be indors- ed thereon.

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