TNAG-0639-FCO40-787-Construction-of-underground-railway-system-in-Hong-Kong-(Mas-1978 — Page 111

8.

PREVENTIVE SERVICE (AMENDMENT)

Ord. No. 46/77

A187

(b) the procedure to be followed where-

(i) a disciplinary offence is alleged to have been committed by any subordinate officer;

(ii) a subordinate officer is found guilty of or pleads guilty to a criminal offence as defined in section 14(2);

(c) the punishment of a subordinate officer for any disciplinary offence or where he is found guilty of or pleads guilty to a criminal offence as defined in section 14(2);

(d) the rights of appeal of a subordinate officer- (i) found guilty of a disciplinary offence; or

(ii) punished,

under rules made under this section and the review by the Commissioner of findings made and punishments awarded.

(2) Rules made under paragraph (d) of subsection (1) may authorize the Governor to delegate to the Secretary for the Civil Service, or to a public officer not below the rank of Secretary, the determination of an appeal referred to in that paragraph.".

The principal Ordinance is amended by inserting, after Part III, Insertion of the following new Parts--

new Parts IIIA and IIIB.

When members to be deemed

on duty.

Second Schedule.

General powers of arrest and search.

Second Schedule.

"PART IIIA

GENERAL POwers and DUTIES OF MEMBERS

17. A member who is off duty shall be deemed to be on duty whenever he encounters circumstances which would require him, if actually on duty, to act in enforcing any of the Ordinances specified in the Second Schedule.

17A. (1) A member may, without warrant, stop and search and arrest any person whom he may reasonably suspect of having committed an offence against an Ordin- ance specified in the Second Schedule.

(2) If any person resists, or attempts to evade, search or arrest by a member, whether effected under this Ordin- ance or any other power, the member may use such force as is reasonably necessary to effect the search or arrest.

(3) Where a member has arrested any person the member may search for and take possession of any thing found on his person or in or about the place at which the person has been arrested and which the member may reasonably suspect is related to or connected with the offence for which the person has been arrested or may throw light on the character or activities of that person or any associate of his.

(4) A person may be searched only by a member who is of the same sex.