TNAG-0955-FCO40-1174-Legislation-for-traffic-on-roads-in-Hong-Kong-1980 — Page 145

A162

Ord. No. 38/80

Amendment of section 9.

ROYAL HONG KONG AUXILIARY POLICE FORCE (AMENDMENT)

(ii) by deleting paragraph (a) and substituting the following- "(a) any member who holds the rank of superintendent (Auxiliary) or above on retirement, resignation or being invalided out of the Force; and"; and

(b) in subsection (2) by deleting "or resignation" and substituting

the following

4.

", resignation or being invalided out".

Section 9(1) of the principal Ordinance is amended by inserting after "promoted" the following-

Amendment of section 10.

5.

reduced in rank".

7

Section 10 of the principal Ordinance is amended-

(a) by deleting "prefixed by the word "Auxiliary"" and substituting

the following

"suffixed by the word in brackets "(Auxiliary)" "; and

(b) by deleting ""A"" and substituting the following-

“ “(4)” ”.

Amendment of section 12.

6.

Section 12(1) of the principal Ordinance is amended- (a) by deleting "of a departmental nature"; and

(b) by deleting "Departmental" and substituting the following- "Headquarters".

Amendment of section 13.

7.

Section 13 of the principal Ordinance is amended—

(a) by deleting "the regular" and substituting the following- "any regular"; and

(b) by deleting "the Staff Officer" and substituting the following—

"a Staff Officer".

Amendment of

8.

section 16.

Section 16 of the principal Ordinance is amended—

(a) in subsection (2)—

(i) by deleting "departmental”; and

(ii) by deleting "duty" and substituting the following—

"active service";

(b) in subsection (3), by deleting “duty” and substituting the

following-

"active service";

(c) in subsection (4), by deleting "or duty" wherever it occurs; and (d) in subsection (5), by inserting after "subsection (1)" the

following-

"or (2), as the case may be".

ROYAL HONG KONG AUXILIARY POLICE FORCE (AMENDMENT)

Ord. No. 38/80

A163

9. Section 17 of the principal Ordinance is repealed and replaced Repeal and by the following-

"Powers and functions

of members when on duty.

(Cap. 232.)

17. (1) Every member when on duty may, subject to any direction by the Commissioner, perform any of the duties of the Police Force under section 10 of the Police Force Ordinance and exercise and perform any of the powers, duties or functions conferred or imposed upon a police officer by sections 50 to 59, both inclusive, of the Police Force Ordinance and by any other Ordinance.

(2) In the exercise and performance of any power. duty or function by virtue of subsection (1), a member shall be deemed to be a police officer and section 60 of the Police Force Ordinance shall apply to a member in respect of any act done by him in obedience to a warrant of a magistrate as it applies to a police officer.".

replacement of section 17.

10. Section 18 of the principal Ordinance is amended by deleting Amendment of "who volunteers for duty, and every member so employed shall, while section 18. so employed and while proceeding to and returning from duty, have the same powers and protection as are conferred by section 17 upon a member who has been called out for duty" and substituting the following-

"for duty who volunteers for such".

11. Section 19 of the principal Ordinance is amended-

(a) by being renumbered as subsection (1) thereof;

(b) in subsection (1)(c) by inserting after "so" the following—

"or when he ceases to be a member for whatever reason"; and

(c) by inserting after subsection (1) the following-

"(2) Notwithstanding subsection (1). any member failing to produce or deliver up, under subsection (1)(c), any prop- erty issued to him or placed under his control shall be guilty of an offence and shall be liable to a fine of $500 and to imprisonment for 3 months.".

Amendment of section 19.

12. Section 20 of the principal Ordinance is repealed and replaced Repeal and by the following—

"Offence

of failing

to

serve as directed.

20. Any member who fails, without reasonable excuse. to serve as directed by any lawful order under section 16 or as directed by the Commissioner. shall be guilty of an offence and shall be liable to a fine of $1,000 and to im- prisonment for 6 months.".

13. Section 2 of the Auxiliary Forces Pay and Allowances Ordinance is amended, in paragraph (b) of the definition of "limited call out", by deleting "departmental".

1980.

Passed by the Hong Kong Legislative Council this 9th day of July

LORNA LEUNG,

Clerk to the Legislative Council.

replacement

of section 20.

Amendment of the Auxiliary Forces Pay and

Allowances Ordinance.

(Cap. 254.)