tendent to be a Justice
Superintendent of the Police [or, Assistant Superintendent, as the case may boj without favor or affection, malice or illwill, that I will cause Her Majesty's Peace to be kept and preserved, and that I will prevent to the best of my power all Offences against the same, and that while I shall continue to hold the said Office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to Law. So help me God.
Captain Superíu- And the Captain Superintendent shall, during his tenure of the Office, have and of Peace, in relation to exercise all the powers of a Justice of the Peace, with regard to the Police Force, or any
Member or Meinbers thereof.
matters of Police.
Officers and Consta- bles to be examined.
Officers and Cons- tables to be engaged for Five Years,
Bonus at end of Five Years' service in Force.
Power to reuew Ser- vice in Force for fur- ther period.
Retiring Pensious.
VIII. Inspectors and other Subordinate Officers and Constables shall before appoint- ment, be examined by the Captain Superintendent and Colonial Surgeon, and having been so examined and approved of, shall go before a Police Magistrate of the Colony and answer the Questions, and subscribe and take the Oath or make the Declaration contain- ed in the Schedule hereto annexed, marked B.
Rules for govern-
IX. Every Inspector or other Subordinate Officer and Constable to be appointed, shall engage and bind himself to serve in the Police Force for the term of Five Years, during which term he shall not be at liberty to resign his Office or to withdraw himself from the duties thereof, except as is hereinafter provided.
X. Whenever any Inspector, Sergeant, or Coustable of the Police Force shall be desirous to leave the Force at the termination of his Service of Five Years, he shall be at liberty to do so, upon his giving to the Captain Superintendent Three Months' previous Notice of his intention so to do; and he shall be thereupon entitled to a Free Passage from Hongkong to the Port nearest to the Place at which he may have been engaged for Service in the Force, or in lieu thereof or in case he shall have been engaged in Hong- kong, he shall be entitled to a Sum equal to Three Months' Pay of the Rank to which at the time he may belong.
XI. In case any Inspector, Sergeant, or Constable, who shall have completed the period of Service for which he had engaged, shall be desirous of continuing in the Police Force, he shall be at liberty to engage and bind himself for a further term of Five Years on the same terms and conditions, and in like manner as is provided by Section IX.
XII. Whenever any Inspector, Sergeant or Constable shall have completed the full term of Service of Ten Years in the Police Force, he shall be entitled in addition to the bonus or passage money mentioned in Section X-, to an Annual Pension of Fifteen Sixtieths of the Annual Pay of his Rank, and also for every full and complete Year's Service after Ten Years, to an addition to the annual Pension of One Sixtieth, in respect of each additional Year of such Service; and such Pension shall be computed upon the amount of the Annual Pay enjoyed by the Person retiring at the time of his retire- ment: Provided he shall have been in the receipt of the same for at least Three Years; otherwise the Pension shall be calculated upon the average amount of Pay received by such Person for the Three Years next preceding the commencement of such Pension. Provided always, that His Excellency the Governor shall and may grant Superannua- tion Allowance or a fixed sum by way of compensation to any Inspector, Sergeant, or Constable of the Force, who shall be disabled for further Service by reason of Wounds or Injuries received in the actual exccution of his duty.
XIII. The Captain Superintendent shall from time to time, subject to the approval of pant and discipline of His Excellency the Governor, frame such Orders and Regulations as he shall deem ex-
pedient for the general government and discipline of the Police Force.
Force.
On leaving Force,
given up.
XIV. Whenever any Inspector, Sergeant or Constable of the Force shall resign the Accoutrements to be Service, or shall cease to hold and exercise his Office, all power and authority vested in him by virtue thereof, shall forthwith cease and determine to all intents and purposes whatever; and every such Officer shall deliver over all and every the Arms, Ammuni tion, Horses, Accoutrements, and other appointments whatsoever which shall have been supplied to him in such capacity, to the Person and at the time and place to be ap- pointed by the Captain Superintendent; and it shall be lawful for any Justice of the Peace to issue his Warrant to search for and seize Arms, Ammunition, Horses, Accou- trements and other appointments whatsoever which shall not be so delivered over, wheresoever the same shall be found.
Penalty for neglect
XV. Whenever any Inspector, Sergeant or Constable of the Force shall be guilty of Duty, or nou-de- of any neglect or violation of duty in his Office, or shall neglect or refuse to obey or
quitting Foree.
301
execute any Warrant lawfully directed to be by him executed, or shall be guilty of livery of Arms on any disobedience to the Orders and Regulations framed by the Captain Superintendent, or any other misconduct as an Officer of the Police Force or as a Constable, or who having duly engaged and bound himself to serve in the Force shall desert therefrom, or who being permitted to resign shall not upon ceasing to belong to the Force deliver up all Arms, Accoutrements and Appointnients whatsoever entrusted to him for the performance of his duty, he shall, upon conviction thereof before a Police Magistrate in a Summary manner, forfeit and pay a Sum not exceeding Two Hundred Dollars, and in default of payment thereof, be imprisoned in any Gaol of this Colony with or without Hard Labor, for any Term not exceeding Six Months; and every Offender shall forfeit all pay during his Imprisonment.
Captain Superin- tendeur or Magistrate
XVI. The Captain Superintendent shall, in cases of breach of Discipline or neglect of duty by any Officer or Constable of the Force, upon proof thereof to his satisfaction, to punish for breaches have power to order the Offender to forfeit and pay a Sum not exceeding Twenty-five of Discipline. Dollars, or award Imprisonment for any term not exceeding Seven Days with forfei- ture of Pay; or, in his discretion, the Captain Superintending may bring the Offender before a Police Magistrate who shall have power to award Imprisonment for any term not exceeding Fourteen Days with or without Hard Labour, together with forfeiture of all Pay during such Imprisonment,
sion of Police Appoint-
XVII. If any Person not being a member of the Police Force shall have in his Penalty for posses possession any Arms, Accoutrements or Appointments supplied to any Officer of the ments, or personating Force, and shall not be able satisfactorily to account for his possession thereof, or shall put Police Officer. on or assume the Dress, Name, Designation or Description of an Officer of the Force or of a Constable, every such Person so offending shall, in addition to any other l'unislunent to which he 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 Manuer before any Police Magistrate.
Police Officer may
guilty of Felony or
To take Buil,
XVIII. It shall be lawful for any Officer or Constable of the Police Force to ap-apprehend Persons prehend any Person who shall be charged with, or whom he shall reasonably suspect of suspected of being being guilty of any Felony or Misdemeanour without any Warrant for that purpose, Misdemeanour. and whether he shall have seen such Felony or Misdemeanour committed or not, and whenever any Person so apprehended shall be brought without Warrant to the Officer in charge of any Police Station, it shall be lawful for such last mentioned Officer, in a case of Misdemeanour, if he shall deem it proper so to do, and if no Magistrate shall be in attendance at his Office, to take bail by recognizance with or without sureties in a sufficient Sum without fee or reward from such Person, conditioned that such Person shall appear for examination before a Magistrate at some place to be specified in the Recognizance, being the earliest time then next after when a Magistrate shall be in attendance at his Office; and every Recognizance so taken shall be of equal obligation on the Parties entering into the same and liable to the same proceedings for estreating thereof, as if the same had been taken before a Magistrate; and the respective Names, Residences and Occupations of the Person so apprehended, and his surety or sureties, Particulars of Recog-
any, entering into such Recognizance, together with the Condition thereof and then book, Sums respectively acknowledged, shall be entered in a Book to be kept for that purpose, which shall be laid before the Magistrate, before whom the Person apprehended is to appear; and if he do not appear when called upon at the time and place mentioned in And forfeited on such Recognizance, the Magistrate shall forthwith estreat the Recognizance: Provided bearance of that, if the Person apprehended shall appear and shall make Application for a postpone- ment of the Hearing of the Charge against him, the Magistrate may, if he see fit to grant such Application, enlarge the Recognizance to such further time as he think
may proper, and when the matter shall have been heard and determined, such Recognizance shall be discharged without fee or reward.
if
nizance to be entered
Defendant.
plended and special
Ge-
XIX. In case any Action shall be brought against any Officer or Constable of the Police Officer not Police Force for any act done in obedience to the Warrant of any Magistrate, the of Jurisdiction.
responsible for want Officer or Constable shall not be responsible for any irregularity in the issuing of the oral Issue may be Warrant or for any want of Jurisdiction in the Magistrate issuing the same, and the matter given in evi- Officer or Constable
may plead the general issue and give such Warrant in evidence; dence. and upon producing such Warrant and proving that the Signature thereto is the hand- writing of a Person reputed to be a Magistrate, and that the act was done in obedience to such Warrant, the Jury or Court before whom the Action is tried, shall find a Verdict for the Defendant who shall also recover double his Costs of Suit.
Police Officer on duty,
XX. If any Victualler or Keeper of any House, Shop, Room or other Place for Vicmaller harboring the Sale of any Liquors whether spirituous or otherwise, shall knowingly harbour or en- on conviction to be tertain any man belonging to the Police Force, or permit him to abide or remain in his fined.
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