XN000022-1982-01-22 — Page 5

FRIDAY, JANUARY 22, 1982

POLICE FORCE (AMENDMENT) BILL 1982

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A BILL TO AMEND THE POLICE FORCE ORDINANCE WITH REGARD TO DISCIPLINARY MATTERS IS PUBLISHED IN THE GOVERNMENT GAZETTE TODAY.

THE MAIN PURPOSE OF THE PROPOSED LEGISLATION IS TO IMPROVE AND SIMPLIFY THE LAW GOVERNING THE DISCIPLINARY PROCEDURES AND AWARDS OF THE ROYAL HONG KONG POLICE FORCE. IT ALSO SEEKS TO BRING THESE PROCEDURES AND AWARDS WITH REGARD TO INSPECTORS AND JUNIOR POLICE OFFICERS MORE CLOSELY INTO LINE AND TO RENDER THEM MORE CONSISTENT WITH THOSE APPLICABLE TO THE REST OF THE CIVIL SERVICE.

THE POLICE FORCE (AMENDMENT) BILL 1982 IS THE RESULT OF A REVIEW OF THE ORDINANCE AND THE POLICE (DISCIPLINE) REGULATIONS INITIATED BY THE COMMISSIONER OF POLICE. IT TOOK INTO ACCOUNT VARIOUS RECOMMENDATIONS MADE BY THE SECRETARY FOR THE CIVIL SERVICE AND THE UMELCO POLICE GROUP, IN PARTICULAR THE LATTER'S RECOMMENDATION TO THE GOVERNOR IN 1980 THAT A MEANS OF ENFORCING THE RETIREMENT OF OFFICERS FOUND TO BE MANIFESTLY UNFIT TO CONTINUE TO SERVE IN THE FORCE SHOULD BE PROVIDED.

1977.

THE EXISTING POLICE (DISCIPLINE) REGULATIONS WERE MADE IN

A GOVERNMENT SPOKESMAN SAID PRACTICAL EXPERIENCE IN ADMINISTERING POLICE DISCIPLINARY PROCEDURES HAD INDICATED THAT THERE WERE A NUMBER OF AREAS WHERE IMPROVEMENTS TO THE LAW WERE REQUIRED, PARTICULARLY WITH REGARD TO THE IMPOSITION OF PUNISHMENTS AND THE APPEAL PROCESS.

WHERE A POLICE OFFICER IS CONVICTED OF AN OFFENCE NOT PUNISHABLE BY IMPRISONMENT, OR IS FOUND GUILTY WITHOUT A CONVICTION BEING RECORDED, IT IS NECESSARY AT PRESENT FOR A FURTHER CHARGE TO BE BROUGHT UNDER THE REGULATIONS BEFORE DISCIPLINARY ACTION CAN BE TAKEN.

AS THIS PROCEDURE IS UNNECESSARILY CUMBERSOME AND REPETITIVE, THE BILL SEEKS TO PERMIT A DISCIPLINARY PUNISHMENT TO BE AWARDED WITHOUT FURTHER PROCEEDINGS WHERE A CRIMINAL CHARGE HAS BEEN PROVED BY THE COURT, WHETHER A CONVICTION IS RECORDED OR NOT.

THIS PROVISION IS ALREADY INCLUDED IN COLONIAL REGULATIONS.

CONVICTED POLICE OFFICERS CAN BE DISCIPLINED IN A VARIETY OF WAYS AT PRESENT, RANGING FROM MINOR PUNISHMENTS TO DISMISSAL. IT IS PROPOSED THAT THE INTERMEDIARY PUNISHMENT OF COMPULSORY RETIREMENT, WITH OR WITHOUT A REDUCTION OF TERMINAL BENEFITS, BE INTRODUCED TO GIVE THE AUTHORITIES GREATER FLEXIBILITY IN DEALING WITH INDIVIDUAL CASES. THIS POWER WAS RECENTLY ADDED TO THE FIRE SERVICES ORDINANCE.

/ANOTHER PROPOSED