Cap. 517

An Ordinance to provide for the establishment and regulation of the Auxiliary Medical Service and the Auxiliary Medical Service Cadet Corps; and for connected purposes. [13 June 1997] L.N. 323 of 1997(Format changes—E.R. 1 of 2023) (Enacting provision omitted—E.R. 1 of 2023) Part I Preliminary 1. Short title (Amended E.R. 1 of 2023)(1) This Ordinance may be cited as the Auxiliary Medical Service Ordinance.(2) (Omitted as spent—E.R. 1 of 2023) 2. Interpretation In this Ordinance, unless the context otherwise requires—active service (執勤) means service when called out under section 16;cadet (少年團員) means a person under the age of 18 years who is enrolled in the Cadet Corps;Cadet Corps (少年團) means the Auxiliary Medical Service Cadet Corps raised and maintained under section 21;Commissioner (總監) means the Commissioner, Auxiliary Medical Service referred to in section 7;duty (職責), in relation to a member, includes active service, training or any voluntary duty;emergency (緊急事故) means any natural or other disaster, civil disturbance or war or any other emergency, whether actual or apprehended, affecting or likely to affect people in Hong Kong;member (隊員) means the Commissioner or any person currently enrolled in the Service;officer (長官) means the Commissioner or any member holding one of the ranks specified in Part II of Schedule 1;other ranks (其他職級人員) means a person holding one of the ranks specified in Part III of Schedule 1;public property (公共財產) means any property belonging to the Government or held for the purpose of the Government;regulations (規例) means regulations made under section 30;Service (輔助隊) means the Auxiliary Medical Service raised and maintained under section 3;Service property (輔助隊財產) means any property belonging to the Service or held for the purpose of the Service;training (訓練) means the training prescribed for members under this Ordinance;voluntary duty (志願職責) means voluntary duty referred to in section 17(1). Part II Constitution and Functions of Auxiliary Medical Service 3. Power to raise and maintain Auxiliary Medical Service The Chief Executive may raise and maintain a body of persons to be known as the Auxiliary Medical Service.(Amended 76 of 1999 s. 3) 4. Functions of Service The functions of the Service are—(a) on the occasion of an emergency, to assist in—(i) the regular medical and health services;(ii) the ambulance and other rescue services;(b) at the discretion of the Chief Executive, to perform such other functions as may be commensurate with the training of members, and on such occasions, as he may order; and (Amended 76 of 1999 s. 3)(c) at the discretion of the Commissioner, to provide such other services of a non-emergency nature for the general benefit of the community as he may direct. 5. Financial provision The costs of raising and maintaining the Service shall be met from moneys provided by the Legislative Council out of the general revenue. 6. Command The Service shall be—(a) under the supreme command of the Chief Executive; and(b) under the executive command of the Commissioner, who shall be accountable to the Chief Executive.(Amended 76 of 1999 s. 3) 7. Commissioner, Auxiliary Medical Service The Director of Health shall be the Commissioner, Auxiliary Medical Service. 8. Responsibility of Commissioner and delegation of powers (1) The Commissioner shall be responsible for—(a) the administration of the Service;(b) the maintenance of discipline and efficiency of the Service;(c) the supervision and control of duties performed by members; and(d) such other duties or functions as the Chief Executive may order. (Amended 76 of 1999 s. 3)(2) The Commissioner may delegate an officer to exercise or discharge any of the powers or duties vested in or imposed on the Commissioner by this Ordinance or any other enactment. 9. Composition and organization of Service (1) The Service shall comprise the Commissioner, officers (other than the Commissioner) and other ranks.(2) The establishment of the Service shall be determined by the Chief Executive. (Amended 76 of 1999 s. 3)(3) The Commissioner shall hold the rank specified in Part I of Schedule 1.(4) The ranks to which members may be appointed are those specified in Parts II and III of Schedule 1.(5) The powers of appointment, promotion and reversion of members shall be vested in the Commissioner. 10. Enrolment (1) Any person who is—(a) 16 years of age or over; and(b) the holder of an identity card issued under the Registration of Persons Ordinance (Cap. 177),may apply to the Commissioner for enrolment as a member in the Service.(2) A person applying for enrolment shall comply with such requirements for enrolment as may be prescribed.(3) Subject to subsection (2), the Commissioner may in his discretion accept or reject any application for enrolment.(4) An applicant shall not be enrolled in the Service unless he has made a declaration, which shall be in a form provided by the Commissioner, declaring that he will serve with the Service in accordance with this Ordinance.(5) Any applicant who is a cadet shall, on his enrolment in the Service, cease to be such a cadet. 11. Honorary membership (1) The Commissioner may grant honorary membership of the Service (with honorary rank equivalent to the rank held by an officer at the date of his retirement or resignation) to any member who holds the rank of Grade VI Officer or above at that date and who, in the opinion of the Commissioner, has rendered distinguished service.(2) The Commissioner may, either generally or in any particular case, permit any honorary member to wear the mess dress appropriate to his honorary rank.(3) Except as provided in subsection (2), no honorary member may exercise any of the powers or perform any of the duties or enjoy any of the privileges conferred by this Ordinance upon a member.(4) The Commissioner may, at any time, withdraw the grant of honorary membership granted under this section on sufficient cause. 12. Powers of members of Service (1) Subject to any instructions of the Chief Executive or to any regulations, the Commissioner or other officer, when on active service on the occasion of any emergency, may take such measures as appear to him necessary to assist in the protection of life and property, the protection of public health or the maintenance of public safety and generally for combating the emergency and restricting the dangers and consequences it occasions and, without limiting the generality of the preceding words of this subsection, the Commissioner or other officer may by himself or members of the Service under his control, assist in breaking into or through any premises.(2) The Commissioner of Police may in writing confer on any member called out on active service any or all of the powers that are conferred by law on a police officer.(3) Without prejudice to subsection (2), the Chief Executive may by regulation confer on any member called out on active service any other power as may be necessary for the performance of the member’s duty.(Amended 76 of 1999 s. 3) 13. Protection of members (1) A member shall not be liable for damages for, or in consequence of, any lawful act done, or omitted to be done, by him in good faith while he is on duty and acting in the course of that duty.(2) Nothing in subsection (1) shall affect any civil liability of the Government. 14. Resignation (1) Subject to subsection (2), a member (other than the Commissioner) who has given to the Commissioner not less than 28 days’ notice in writing of his intention to resign from the Service may, at the expiry of that period, so resign upon—(a) delivering up in good order (fair wear and tear excepted) all uniform and equipment provided to him and which is either public property or Service property;(b) surrendering any document of identity issued to him by the Commissioner; and(c) paying any moneys due from him under this Ordinance.(2) Where, during the period between the giving of such notice of resignation and the expiry of the period specified in the notice, the member is called out on active service under section 16 on the occasion of an emergency, the Commissioner may direct that the whole or part of any period of such active service shall not be taken into account in the calculation of the period which has elapsed since the giving of the notice of resignation and, where such a direction is given, the member’s resignation shall not take effect until the expiry of the further period specified in the Commissioner’s direction in addition to the period specified in the member’s notice of resignation.(3) Except as provided in subsection (1), a member may resign only if so permitted by the Commissioner to do so, and upon such resignation shall—(a) deliver up in good order (fair wear and tear excepted) all uniform and equipment provided to him which is either public property or Service property;(b) surrender any document of identity issued to him by the Commissioner; and(c) pay any moneys due from him under this Ordinance. 15. Power of Chief Executive to dispense with or discontinue services (Amended 76 of 1999 s. 3)The Chief Executive may at any time disband, or discontinue the services of, the Service or any part of the Service.(Amended 76 of 1999 s. 3) Part III Calling out on Active Service; Voluntary Duty 16. Calling out of Service (1) The Chief Executive may, on the occasion of an emergency, by order published in the Gazette call out the whole or any part of the Service on active service. (Amended 76 of 1999 s. 3)(2) The Commissioner may, on the occasion of any emergency or for the purpose of giving effect to any order of the Chief Executive under section 4(b), order the call out on active service of the whole or any part of the Service or of any member. (Amended 76 of 1999 s. 3)(3) Every member so called out shall report at a place and time directed by the Commissioner.(4) A member so called out is deemed to be on active service as from the time he reports at the place directed by the Commissioner.(5) A member who is on active service—(a) shall attend at such places and perform such duties as may be assigned to him by the Commissioner;(b) shall remain on active service until he is stood down from active service by order of the Chief Executive, or by direction of the Commissioner under subsection (6). (Amended 76 of 1999 s. 3)(6) The Commissioner may direct any member who is on active service—(a) to stand down from active service; or(b) to stand down from active service temporarily and to report again for active service at a specific place and time.(7) A member directed to stand down under subsection (6)(a) or (b) is deemed on receipt of the direction to have ceased to be on active service or to have ceased temporarily to be on active service, as the case may be.(8) A member directed to report again for active service under subsection (6)(b)—(a) is deemed to have been called out on active service in pursuance of a new order by the Chief Executive under subsection (1) or by the Commissioner under subsection (2) (as the case may be); and (Amended 76 of 1999 s. 3)(b) on reporting again in accordance with the direction, is deemed as from that time to be on active service.(9) A member who fails without reasonable excuse to comply with subsection (3) or (5)(a) or (b) commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. 17. Voluntary duty (1) A member voluntarily reporting for and carrying out duty pursuant to a request from the Commissioner to do so shall be deemed to be on voluntary duty from the time that he reports at the place specified by the Commissioner in connection with that request.(2) A member who is on voluntary duty—(a) shall attend at such places and perform such duties as may be assigned to him by the Commissioner;(b) shall remain on voluntary duty until he is stood down from voluntary duty by order of the Commissioner.(3) Where a member has voluntarily reported for and carried out duty under this section, the Commissioner or an officer authorized by him may certify and approve that duty, and section 7 of the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) shall have effect accordingly. Part IV Disciplinary Matters 18. Duty of members It shall be the duty of every member to comply with the lawful directions of the Commissioner. 19. Discharge (1) The Commissioner, who shall be the sole judge of the sufficiency of the cause, may discharge any member from the Service upon receiving a recommendation to that effect made by an officer of a rank higher than the rank held by the member in question.(2) A discharge under subsection (1) shall be effected by notice in writing given or sent by post to the member.(3) A member who is aggrieved by his discharge under subsection (1) may within 14 days of receipt of notice of the discharge under that subsection appeal to the Chief Executive, who may cancel or confirm the discharge or give such other directions as he may think fit. (Amended 76 of 1999 s. 3) 20. Complaints (1) A member shall have the right to make a complaint to the Commissioner regarding any matter concerning the Service.(2) A member who is not satisfied with the manner in which a complaint made by him under subsection (1) has been dealt with by the Commissioner, may require the Commissioner to forward the complaint to the Secretary for Security.(3) The Secretary for Security shall—(a) investigate the complaint and decide whether the complaint should be upheld or whether the decision of the Commissioner should be confirmed or varied; and(b) inform the Commissioner and the complainant of the result of the investigation and his decision. Part V Cadet Corps 21. Chief Executive may raise cadet corps (1) The Chief Executive may raise and maintain a cadet corps to be known as the Auxiliary Medical Service Cadet Corps, which shall consist of persons under the age of 18 years who are enrolled in that Corps. (Amended 76 of 1999 s. 3)(2) The cost of raising and maintaining the Cadet Corps shall be met from moneys provided by the Legislative Council out of the general revenue.(3) Subject to regulations, the activities, training, conditions of service and welfare of cadets shall be determined by the Commissioner. 22. Provisions relating to cadets (1) A cadet shall not be liable for damages for, or in consequence of, any act done, or omitted to be done, by him in good faith while taking part in any activity of the Cadet Corps or undergoing any training as a cadet, but nothing in this subsection shall affect any civil liability of the Government.(2) A cadet who when taking part in any activity of the Cadet Corps or undergoing any training as a cadet sustains injuries or contracts an illness attributable or aggravated by that activity or training shall be provided with free medical and hospital treatment arranged by the Government. Part VI Property Belonging to or Held by Service 23. Vesting and administration of Service property The ownership of all Service property, and the administration of that property, shall vest in the Commissioner, and for this purpose the Commissioner—(a) shall be deemed to be a corporation sole with perpetual succession; and(b) may—(i) recover any moneys due from a member or cadet; and(ii) enter into a contract or execute a conveyance or assignment of property. 24. Fraudulent misapplication of property (1) A member or cadet who fraudulently misapplies any public property or Service property commits an offence and is liable to a fine at level 2.(2) The court may order a person convicted of an offence under subsection (1) to pay to the Service the value of the property in respect of which he is convicted. 25. Return of property (1) A member or cadet who, without reasonable excuse, fails to deliver up in good condition (fair wear and tear excepted) any public property or Service property in his possession when required to do so by notice in writing commits an offence and is liable to a fine at level 2.(2) The court may order a person convicted of an offence under subsection (1) to pay to the Service the value of the property in respect of which he is convicted. Part VII Miscellaneous 26. Medical and hospital treatment and pay (1) A member who while on duty sustains an injury or contracts an illness which is attributable to or aggravated by the discharge of his duty shall—(a) be provided with free medical and hospital treatment arranged by the Government;(b) during the period of any absence from duty necessitated by the injury or illness, receive the full pay and allowances payable to that member in relation to those duties.(2) A member who, having been called out on active service on the occasion of an emergency, sustains an injury while travelling by any means to report for duty or when returning to his place of work or his usual place of residence after completing that duty is deemed for the purposes of subsection (1) to have sustained an injury in the circumstances specified in subsection (1). 27. Obstructing members (1) Any person who wilfully obstructs any member in the carrying out of his duty under this Ordinance commits an offence and is liable to a fine at level 1 and to imprisonment for 6 months.(2) Any employer who, without reasonable excuse—(a) prevents an employee who is a member from carrying out any duty required pursuant to a calling out under section 16 on the occasion of an emergency;(b) reduces, or makes any deduction from, the salary or wages of that employee by reason of his performance of any duty required pursuant to that calling out;(c) dismisses an employee, by reason of his performance of any duty required pursuant to that calling out, otherwise than in accordance with the conditions of his contract of employment,commits an offence and is liable to a fine at level 1.(3) Despite subsection (2)(b), an employer may make deductions from the salary or wages of an employee in respect of any period when the employee is absent from his employment on active service. 28. Improper possession of Service equipment or uniform, or impersonation of a member of Service (1) Any person not being a member of the Service who—(a) without lawful authority or reasonable excuse, has in his possession any document of identity issued by the Commissioner or any article being part of the clothing, insignia or equipment supplied to any member;(b) puts on the uniform of any member, or impersonates any member, for the purpose of obtaining admission into any residence or other place, or of doing or procuring to be done any act which any member would be entitled to do or procure to be done of his own authority, or for any other unlawful purpose,commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.(2) Any person who knowingly buys or takes in exchange or in pawn from any member of the Service or any person acting on his behalf, or solicits or entices any member to sell or pawn any article being part of the clothing, insignia or equipment supplied to that or any other member of the Service, commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years. 29. Summary remedies (1) Any moneys due from a member or cadet under this Ordinance may be recovered summarily as a civil debt.(2) A complaint under the Magistrates Ordinance (Cap. 227) in respect of the non-payment of any moneys due from a member or cadet may for the purposes of section 67 of that Ordinance be made in the name of the Commissioner, and any proceedings on that complaint may be conducted by a person appointed for that purpose by the Commissioner. 30. Regulations (1) The Chief Executive may make regulations providing for the better carrying out of this Ordinance and for anything which under this Ordinance is to be or may be prescribed. (Amended 76 of 1999 s. 3)(2) Without affecting the generality of subsection (1), regulations made under this section may provide for—(a) the constitution, administration and discipline of the Service;(b) the procedure and requirements for enrolment in the Service and for cancellation of enrolment;(c) the establishment and maintenance of a roll of members;(d) the terms of service, retirement, duties and powers of members;(e) requirements as to efficiency and training of members;(f) medical and hospital treatment for members;(g) the issue of uniforms, equipment and stores to members;(h) the issue by the Commissioner of documents of identity to members;(i) the granting of awards or decorations to members;(j) the acceptance of donations offered to the Service and the administration of any donations so accepted;(k) matters relating to the Cadet Corps, including the recruitment, terms of service, activities, training and welfare of cadets.(3) Regulations may—(a) prohibit the performance of specified acts without the consent of the Commissioner;(b) authorize the Commissioner to require or prohibit the performance of specified acts;(c) require specified acts to be performed to the satisfaction of the Commissioner; and(d) provide for the Commissioner to exempt any member or any applicant for membership from any requirement of this Ordinance.(4) Regulations may provide that the contravention of any regulation shall constitute an offence punishable by a fine at level 3 or imprisonment for 6 months.(5) No regulation shall require a member, unless called out for active service, to give full-time service. 31. Amendment of Schedule 1 The Secretary for Security may by order published in the Gazette amend Schedule 1. 32. Repeal and transitional arrangements (1) The Essential Services (Auxiliary Medical Services) Corps Regulations (Cap. 197 sub. leg. D) (in this section referred to as the repealed regulations) are repealed. (Amended E.R. 1 of 2023)(2) The Auxiliary Medical Services Unit of the Essential Services Corps established under regulation 2 of the repealed regulations (in this section and in section 33 referred to as the AMS Unit) is deemed to be the Auxiliary Medical Service for the purposes of this Ordinance as if it was raised and maintained under this Ordinance and, accordingly, at the commencement* of this Ordinance all those persons who immediately before that commencement were members of the Essential Services Corps appointed to the AMS Unit shall be deemed to be enrolled in the Service under section 10, and each member so enrolled shall be deemed to hold the rank in the Service specified in column 2 of Schedule 2 opposite the name of the rank held by him in the AMS Unit immediately before that commencement and specified in column 1 of that Schedule.(3) Despite section 3, the Service may until directed otherwise by the Secretary for Security continue to use the name and style of “Auxiliary Medical Services”, being the name and style by which the AMS Unit was known before the commencement of this Ordinance.(4) A person who is a member of the Service by virtue of subsection (2) and who immediately before the commencement of this Ordinance was entitled to receive any medical or hospital treatment or any pay and allowances under regulation 7 of the Essential Services Corps (General) Regulations (Cap. 197 sub. leg. A) in respect of any wound or injury sustained or illness contracted before that commencement shall be entitled to receive medical and hospital treatment and pay and allowances under section 26 as if that wound or injury or illness was an injury or illness sustained or contracted after that commencement. (Amended E.R. 1 of 2023)(5) A person who is a member of the Service by virtue of subsection (2) and who immediately before the commencement of this Ordinance had completed the performance with diligence of a period or periods of training for the purposes of regulation 9(4) of the Essential Services Corps (General) Regulations (Cap. 197 sub. leg. A) shall be deemed to have completed the performance with diligence of a like number of hours of training for the purposes of any requirement as to efficiency that may be imposed under this Ordinance. (Amended E.R. 1 of 2023)(6) A person who is a member of the Service by virtue of subsection (2) and who immediately before the commencement of this Ordinance had, for the purposes of section 15 of the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254)—(a) complied with or been exempted from any requirement of efficiency applicable to the AMS Unit;(b) completed any programme of training specified by the Commissioner of the AMS Unit;(c) completed any period of continuous training to the satisfaction of the Commissioner of the AMS Unit,shall for the purposes of that section 15 be deemed to have complied with, been exempted from or completed such requirement, programme or period of training as a member of the Service.(7) For the purposes of a grant of honorary membership under section 11(1) to an officer who is a member of the Service by virtue of subsection (2), regard may be had to any service rendered to the AMS Unit by that person as a member of the AMS Unit before the commencement of this Ordinance.(8) A former member of the AMS Unit who retired or resigned from that Unit before the commencement of this Ordinance shall be eligible to be granted honorary membership under section 11(1) in the same manner as if he had been a member of the Service at the date of his retirement or resignation. Editorial Note: * Commencement date: 13 June 1997. 33. Saving (1) Nothing in this Ordinance shall affect the right of any person under—(a) regulation 17 of the Essential Services Corps (General) Regulations (Cap. 197 sub. leg. A), including that regulation as applied by section 23(1) of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance (20 of 1997); or (Amended E.R. 1 of 2023)(b) the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254),to apply for or receive any pension, gratuity, allowance or other payment in respect of an injury sustained, or death resulting from an injury sustained, by a former member of the AMS Unit before the commencement* of this Ordinance, and those provisions shall continue to apply in respect of such pension, gratuity, allowance or other payment as if this Ordinance had not been enacted.(2) Despite the amendments to the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99) and the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) effected by section 34 and Schedule 3, the provisions of those Ordinances as in force immediately before commencement of this Ordinance shall continue to apply in relation to a former member of the AMS Unit or his dependants in respect of any injury sustained, or death resulting from an injury sustained, by the former member as if those provisions had not been amended by this Ordinance.(3) In subsections (1) and (2), reference to a former member of the AMS Unit includes reference to—(a) a person who had ceased to be a member of the AMS Unit before the commencement of this Ordinance; or(b) a person who was a member of the AMS Unit immediately before that commencement.(4) Despite the amendments to The Ombudsman Ordinance (Cap. 397) effected by section 34 and Schedule 3, the provisions of that Ordinance in force immediately before the commencement of this Ordinance shall continue to apply as regards any action taken by or on behalf of the Auxiliary Medical Services (department) in the exercise of its administrative functions before the commencement of this Ordinance. Editorial Note: * Commencement date: 13 June 1997. 34. (Omitted as spent—E.R. 1 of 2023) Schedule 1 [ss. 2, 9(3) & (4) & 31]Ranks in Auxiliary Medical Service Part I Commissioner Senior Grade VII Officer Part II Officers(Other than Commissioner) Grade VII OfficerGrade VI OfficerSenior Grade V OfficerGrade V OfficerSenior Grade IV OfficerGrade IV Officer Part III Other Ranks Senior Grade III OfficerGrade III OfficerGrade II OfficerGrade I Officer Schedule 2 [s. 32(2)]Transitional Arrangements regarding Ranks in Service Rank formerly held in the Auxiliary Medical Services Unit of the Essential Services Corps Rank held in the Auxiliary Medical Service Corps for the purposes of section 32(2) Unit Controller Senior Grade VII Officer Deputy Unit Controller Grade VII Officer Medical Officer, Grade I Grade VI Officer Chief Supervisor Grade VI Officer Group Supervisor Senior Grade V Officer Senior Supervisor Grade V Officer Supervisor Senior Grade IV Officer Assistant Supervisor Grade IV Officer Assistant Accountant Senior Grade III Officer Senior Auxiliary Dresser Grade III Officer Senior Auxiliary Nurse Grade III Officer Auxiliary Dresser Grade II Officer Auxiliary Nurse, Class I Grade II Officer Auxiliary Nurse, Class II Grade I Officer Stretcher Bearer Grade I Officer Schedule 3 (Omitted as spent—E.R. 1 of 2023)