CO129-574-16 Peace Force and Peace Preservation Amendment Ordinance 1938 24-11-1938 - 28-11-1938 — Page 8

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Objects and Reasons.

1. Section 9 (1) of the Police Force Ordinance, No. 37 of 1932, provides that it shall be lawful for the Governor in Council to make regulations for granting pensions to members of the force, or in respect of service in the force.

2. Regulations have been made under this section pro- viding for pensions to the widow and orphans of an officer who has been killed in the discharge of his duty, or who dies as a direct result of injuries received while on duty, or who dies of illness the contraction of which was specifically attributable to the nature of his duties, and also providing for the payment of gratuities to the representatives of an officer who, after completing five years' service, dies in the service.

3. Similar provision with regard to other civil servants is made in sections 16 and 18 of the Pensions Ordinance, No. 21 of 1932.

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4. Doubts have arisen whether the definition of 'Pen- sion in section 2 (d) of Ordinance No. 37 of 1932 as including any allowance in the nature of a pension or any gratuity on retirement" is wide enough to cover payments made not on retirement but on the death of a serving officer.

5. The object of clause 2 of this Bill is to remove those doubts by inserting the words "death or " before the word

retirement" in the definition.

6. Clause 3 (1) of this Bill similarly removes a doubt as to the power of the Commissioner of Police to make regulations under section 12 of the Police Force Ordinance for the government, discipline, internal economy and daily routine of the civilian staff of the force, by adding the words and the civilian staff" (already included in paragraph (d)) to paragraphs (a), (b) and (c) of sub-section (1) of that section.

7. It has hitherto been the practice to treat certain. matters affecting the force and not dealt with by regulation under section 12 of the Police Force Ordinance as governed by the General Orders of the Hong Kong Government-for example, the leave and passages of senior officers, for which section 12 (1) (d) of the Police Force Ordinance makes no provision, although it does make such provision in the case of subordinate officers and others. Clause 3 (2) of this Bill gives effect to this practice by enacting that the General Orders of the Hong Kong Government shall apply, except in so far as they are modified by or inconsistent with the Police Force Ordinance or regulations, to all officers and members of the force and civilian staff.

8. Clause 4 of this Bill adds a new sub-section (2) to section 16 of the Police Force Ordinance giving the Com- missioner of Police power, subject to the approval of the Governor in each case, to suspend subordinate officers, constables or members of the civilian staff pending any discip- linary or criminal proceedings, and provides for the payment of reduced salary in such cases. Similar provisions in respect of other civil servants are contained in the General Orders of the Hong Kong Government.