Cap. 197 sub. leg. A

Essential Services Corps (General) Regulations(Cap. 197, section 7) [6 January 1950](Format changes—E.R. 3 of 2024) 1. Citation These regulations may be cited as the Essential Services Corps (General) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—active service (現役服務) means service pursuant to a call out under regulation 18 or 19; (L.N. 49 of 1967)Commissioner (總監) means the person appointed to be the Secretary for Security under regulation 3; (L.N. 147 of 1977)emergency (緊急情況) means any occasion upon which all or any part of the Corps is called out for active service in accordance with regulation 18; (L.N. 49 of 1967) equipment (設備) means arms, ammunition, clothing, armlets, badges, steel helmets and other appointments being the property of the Government issued to a member of the Corps; (G.N.A. 162 of 1951)essential service (基要服務) means any service declared to be an essential service in accordance with the provisions of section 3 of the Ordinance;member of the Corps (服務團團員) or member (團員) means the Commissioner and every person who has enrolled in the Corps and whose enrolment has not been cancelled;training (訓練) means duty, not being active service, pursuant to an order of the Commissioner or a Unit or Sub-Unit Controller; (L.N. 49 of 1967)training period (訓練時段) means a period of training of one hour’s duration; (L.N. 49 of 1967)Unit (單位) and Sub-Unit (附屬單位) means a sub-division of the Corps constituted under regulation 8;Unit Controller (單位總監) or Sub-Unit Controller (附屬單位總監) means a member of the Corps for the time being entrusted with the control of a Unit or Sub-Unit of the Corps under regulation 10;volunteer member of the Corps (服務團志願團員) or volunteer (志願團員) means a member of the Corps other than a person upon whom a liability to enrol in the Corps has been imposed by section 15 of the Compulsory Service Ordinance (Cap. 246). (G.N.A. 162 of 1951) 3. Appointment of Commissioner. Powers (1) The Corps shall be under the control and administration of a Commissioner appointed by the Chief Executive by notice in the Gazette. (76 of 1999 s. 3)(2) For the purposes of such control and administration the Commissioner may—(a) issue orders as he may think fit for the general direction of the Unit or Sub-Units and for routine duties of the Corps;(b) assign any member of the Corps, other than a Unit Controller or Sub-Unit Controller, to any Unit or Sub-Unit in the Corps for any essential service for which his medical classification and his abilities and qualifications fit him.(3) The Commissioner may establish a Unit to be known as the Reserve Unit to which he shall assign any person classified Category B under the provisions of regulation 5(1). The provisions of these regulations shall be applicable to every member of the Reserve Unit with the following modifications—(a) the provisions of regulation 9 shall not be applicable to any member of the Reserve Unit;(b) no member of the Reserve Unit when called out for active service shall be required to perform any duties more arduous than those required in the performance of the duties of the normal employment on which he was engaged at the time he was called out for active service; (L.N. 49 of 1967)(c) when called out for active service, members of the Reserve Unit may be instructed by the Commissioner to report for duty with any other Unit or Sub-Unit of the Corps, and shall, subject only to the provisions of subparagraph (b), thereupon be considered in all respects to be members of the Unit or Sub-Unit to which they have been instructed to report; (L.N. 49 of 1967)(d) no member of the Reserve Unit shall be bound to comply with the provisions of regulation 18(2) until instructed to do so by the Commissioner. Such instructions may be conveyed by the Commissioner either verbally or in writing in any manner which appears to him to be most convenient;(e) in the absence of any other appointment made under the provisions of regulation 10, the Commissioner shall be deemed to be Unit Controller of the Reserve Unit;(f) the Commissioner may require any person posted to the Reserve Unit to re-submit himself for medical examination at any time and, if on re-examination he is classified Category A in accordance with the provisions of regulation 5, may re-assign him to any Unit or Sub-Unit of the Corps. (G.N.A. 83 of 1952) 4. Enrolment (1) Application may be made to the Commissioner for enrolment as a member of the Corps by any person of either sex being over the age of 16 years.(2) Application shall be made upon completion of a form provided by the Commissioner.(3) The Commissioner may in his discretion accept or reject any application made by a person desiring to enrol as a volunteer but shall after the making of the declaration provided for by paragraph (4) enrol in Corps all persons upon whom a liability to enrol therein has been imposed by section 15 of the Compulsory Services Ordinance (Cap. 246).(4) The declaration in Form I in the Second Schedule shall be signed by every person prior to enrolment therein.(5) Upon the making of such declaration, the declarant shall thereupon be enrolled and become a member of the Corps and a certificate of enrolment in Form II in the Second Schedule shall be signed by the Commissioner and supplied to the applicant.(G.N.A. 162 of 1951) 5. Medical examination of members of the Corps (1) The following medical categories shall be applicable to a member of the Corps enrolled for service in—(a) (Repealed 58 of 1997 s. 34)(b) the Auxiliary Fire Services Unit; or(c) (Repealed 57 of 1997 s. 34)Category A: Fit for service in the Essential Services Corps.Category B: Fit for service in the Reserve Unit only. (L.N. 55 of 1972)(2) Every volunteer for enrolment in a Unit specified in paragraph (1) shall, unless exempted under paragraph (5), before enrolment be requested to submit to a medical examination.(3) A volunteer for enrolment in a Unit specified in paragraph (1) who declines to undergo medical examination, when requested so to do, shall be required to sign a statement in Form III in the Second Schedule.(4) If a member enrolled in a Unit specified in paragraph (1) who is required for any reason to undergo medical examination, fails to pass such examination, but wishes to remain a member of the Corps, he shall be required to sign a statement in Form IV in the Second Schedule, before his application to remain a member can be considered. (G.N.A. 76 of 1954)(5) The Commissioner may on the advice of the Director of Health and with the consent of such volunteer, exempt from the provisions of paragraph (2) any volunteer for enrolment in a Unit specified in paragraph (1), who is a public servant and whose medical condition is in the opinion of the Director of Health sufficiently well known to the Government medical authorities to enable them to classify him in one of the medical categories prescribed by paragraph (1). (L.N. 76 of 1989)(G.N.A. 162 of 1951; G.N.A. 83 of 1952; L.N. 55 of 1972) 6. Cancellation of enrolment (1) Upon the death of a member or the resignation or discharge of a member from membership of the Corps the Commissioner shall cause the enrolment of such member to be cancelled.(2) In the case of the resignation or discharge of a member a certificate of cancellation in Form V in the Second Schedule shall be signed by the Commissioner and supplied to such member. 7. Medical attention A member of the Corps who, when called out for active service or in training sustains a wound or injury or contracts an illness, which, in the opinion of a medical officer is attributable to or aggravated by such service, shall be granted free medical treatment by the Government medical services and, if admitted to a Government hospital, free maintenance therein and during the period of such treatment and until cancellation of the enrolment of such member shall receive full pay and allowances payable to such member. (G.N.A. 162 of 1951; L.N. 49 of 1967) 8. Formation of Units and Sub-Units The Corps shall consist of such Units and Sub-Units as may from time to time be determined by the Chief Executive.(L.N. 49 of 1967; 76 of 1999 s. 3) 9. Requirements for efficiency (1) Subject to the provisions of paragraphs (2) and (3) every member who fails without reasonable excuse to complete the requirements of efficiency in any year shall be guilty of an offence. Penalty: a fine at level 1 or imprisonment for 6 months. (E.R. 3 of 2024)(2) No member shall be liable to prosecution under paragraph (1) in respect of the year during which he attains the age of 60 years if he proposes to resign membership of the Corps in accordance with the provisions of regulation 14(4).(3) If any volunteer other than a person referred to in paragraph (2) quits the Corps without completing with diligence the requirements of efficiency in any year, he shall be liable to a fine of $100: (G.N.A. 4 of 1961)Provided that the Commissioner may exempt from liability any volunteer who, in his opinion, quits the Corps for a reasonable and bona fide cause.(4) The requirements for efficiency in any year shall be—(a) the performance with diligence by the member of such number of training periods as the Commissioner, with the approval of the Chief Secretary for Administration, shall direct for each Unit and Sub-Unit of the Corps: (G.N.A. 4 of 1961; L.N. 226 of 1976; L.N. 362 of 1997)Provided that no such direction shall require the performance of less than 5 or more than 60 training periods in any year and that any such direction shall be communicated in such manner as the Commissioner shall consider convenient to all members of the Unit or Sub-Unit affected thereby. (G.N.A. 83 of 1952; G.N.A. 4 of 1961; L.N. 49 of 1967)(b) the member shall have performed any training required of him with diligence. (G.N.A. 4 of 1961)(5) Unit Controllers shall supply the Commissioner with such certificates showing the number of training periods performed by members of the Unit under their control, and the diligence or otherwise of individual members, as the Commissioner may request. (L.N. 49 of 1967)(6) For the purpose of this regulation, the year shall be deemed to start on the 1st April. (L.N. 49 of 1967)(G.N.A. 162 of 1951) 10. Appointment of Unit and Sub-Unit Controllers. Duties and powers (1) The organization and control of Units and Sub-Units shall be conducted by Unit and Sub-Unit Controllers.(2) Unit and Sub-Unit Controllers may be appointed by the Commissioner from members of the Corps. (L.N. 116 of 1974)(3) It shall be the duty of a Unit Controller or Sub-Unit Controller to supervise and control all duties performed by the Unit or Sub-Unit under his control and to keep proper record of all members of the Corps and equipment appertaining to his Unit or Sub-Unit. For such purposes a Unit Controller or Sub-Unit Controller may—(a) issue orders as he may think fit for the direction of the duties to be performed by such Unit or Sub-Unit;(b) assign any member of his Unit or Sub-Unit to any duty required to be performed by the Unit or Sub-Unit, for which duties the medical classification of the member and his abilities and qualifications fit him;(c) organize the training of members in the duties which they may be called upon to perform. (G.N.A. 162 of 1951; L.N. 49 of 1967) 11. Absence from Hong Kong and change of address A member shall report to the Commissioner any change of particulars provided upon enrolment or his intention to be absent from Hong Kong for any period exceeding 7 days or any illness of a nature preventing the performance of active service.(G.N.A. 4 of 1961; L.N. 49 of 1967; 76 of 1999 s. 3) 12. Equipment (1) A member of the Corps may be supplied with such equipment as the Commissioner may deem necessary for the performance of duties by such member. Any equipment so supplied shall remain the property of the Government and shall be returned to the Commissioner in good order (fair wear and tear only excepted)—(a) upon the member ceasing to be a member of the Corps; or(b) upon the member being called upon so to do by the Commissioner.(2) If any member, without justifiable reason, fails to surrender such equipment when required so to do, the value thereof shall be recoverable from such member by the Commissioner from any pay or allowance payable to the member or as a civil debt. 13. Duties of members of the Corps (1) It shall be the duty of every member of the Corps—(a) at any time, to comply with the lawful directions of the Commissioner and the Controller of the Unit or Sub-Unit to which he is appointed;(b) to keep any equipment in good and serviceable order;(c) to return equipment to the Commissioner upon ceasing to be a member of the Corps or whenever called upon so to do by the Commissioner or Unit or Sub-Unit Controller.(2) Every member of the Corps who fails without reasonable excuse to comply with the provisions of this regulation shall be guilty of an offence. Penalty: a fine at level 1 or imprisonment for 3 months. (G.N.A. 83 of 1952; E.R. 3 of 2024) 14. Resignation from membership of Corps (1) A volunteer member of the Corps (other than a Unit Controller or Sub-Unit Controller) may, except during an emergency, resign membership of the Corps upon— (G.N.A. 162 of 1951)(a) giving to the Commissioner 7 days’ notice in writing of his intention to resign from the Corps;(b) delivering up in good order (fair wear and tear only excepted) all equipment; and(c) paying any money payable by him in accordance with these regulations or any other regulations made under section 7 of the Ordinance.(2) A Unit Controller or Sub-Unit Controller, if a volunteer, may, except during an emergency, resign membership of the Corps upon— (G.N.A. 162 of 1951)(a) giving to the Commissioner 30 days’ notice in writing of his intention to resign from the Corps;(b) delivering up in good order (fair wear and tear only excepted) all equipment; and(c) paying any money payable by him in accordance with these regulations or any other regulations made under section 7 of the Ordinance.(3) Subject to the provisions of paragraph (4) and regulations 15 and 16, a member of the Corps other than a volunteer member may quit the Corps only in accordance with the provisions of the Compulsory Service Ordinance (Cap. 246). Any member who so obtains proper permission to quit the Corps shall—(a) deliver up in good condition (fair wear and tear only excepted) all equipment; and(b) pay any money payable by him in accordance with these regulations or any other regulations made under section 7 of the Ordinance. (G.N.A. 162 of 1951)(4) Notwithstanding the provisions of paragraph (3), a member may resign membership of the Corps on attaining the age of 60 years and upon conforming to such of the provisions of paragraph (1) or (2) as may be appropriate. (G.N.A. 162 of 1951) 15. Termination of appointment of Unit Controller, and discharge The Chief Executive may on the recommendation of the Commissioner terminate the appointment of a Unit or Sub-Unit Controller and discharge such a member from the Corps.(76 of 1999 s. 3) 16. Discharge from membership of the Corps (1) The Commissioner, who shall be the sole judge of the sufficiency of the cause, may, on the recommendation of the appropriate Unit or Sub-Unit Controller, discharge from the Corps any member other than a Unit or Sub-Unit Controller.(2) Any member who feels aggrieved by such discharge may appeal to the Chief Executive and the Chief Executive may cancel or confirm such discharge or give such other directions with reference thereto as he may deem fit and such determination shall be binding on all persons. (76 of 1999 s. 3) 17. (Repealed 20 of 1997 s. 7) 18. Calling out for active service (1) On any occasion upon which the Chief Executive may consider that emergency so requires the Chief Executive may, by order published in the Gazette, call out for active service all or any part of the Corps. (76 of 1999 s. 3)(2) Any member so called out shall be bound to attend at such places and perform such duties as may be assigned to him by the Commissioner or a Unit or Sub-Unit Controller.(3) Any member so called out shall be deemed to be engaged on active service from the time at which he reports at the place assigned by the Commissioner or by a Unit or Sub-Unit Controller.(4) A member who has been called out shall remain on active service until an order of the Chief Executive is made and notified by publication in the Gazette declaring the period of active service of the Corps, or of the part of the Corps to which such member belongs to be at an end. (76 of 1999 s. 3)(5) Notwithstanding the provisions of paragraph (4) it shall be lawful for the Commissioner, although notification as provided by paragraph (4) has not been made, to direct any member of the Corps that he is no longer required to remain on active service. On receipt of such direction, such member shall, for all purposes, be deemed to cease to be on active service in like manner as if notification as provided by paragraph (4) had been made.(6) In making a direction under paragraph (5), the Commissioner may also direct such member to report back for active service at such place and on such date and at such time as may be directed. A member reporting back for active service in accordance with such a direction shall be deemed to have been called out in pursuance of a new order under paragraph (1). (L.N. 49 of 1967)(7) Every member who fails without reasonable excuse to comply with the provisions of paragraphs (2) and (4) shall be guilty of an offence. Penalty: a fine at level 1 or imprisonment for 6 months. (G.N.A. 83 of 1952; E.R. 3 of 2024)(L.N. 49 of 1967) 19. Power of Controller to make limited call out (1) Where he is of the opinion that the need has arisen, the Controller of any Unit or Sub-Unit may, with the prior approval of the Chief Executive, by order make a limited call out of the Unit or Sub-Unit or any part or member thereof for active service, and such service shall continue until an order is made by the Controller, with the prior approval of the Chief Executive, cancelling such order. (76 of 1999 s. 3)(2) Any member so called out shall be bound to attend at such place and perform such duties as may be assigned to him by the Controller of his Unit or Sub-Unit, and he shall be engaged on active service from the time at which he reports for duty at the place assigned by the Controller.(3) Notwithstanding anything contained in paragraph (1) or (2), any member so called out may be directed by the Controller of his Unit or Sub-Unit—(a) that he is no longer required to remain on active service; and(b) that he is required to report back for active service at such place and on such date and at such time as may be directed.(4) On receipt of a direction under paragraph (3)(a), a member shall be deemed to have ceased to be engaged on active service, and, on receipt of a direction under paragraph (3)(b), such member shall, on reporting back for active service in accordance with that direction, be deemed to have been called out in pursuance of a new order under paragraph (1).(5) In the case of a Unit or Sub-Unit specified in the Third Schedule, the powers and functions conferred or imposed by paragraphs (1), (2) and (3) may, subject to the provisions of those paragraphs, be exercised and performed by a member of the Unit or Sub-Unit authorized in that behalf in writing by the Controller of the Unit or Sub-Unit. (L.N. 55 of 1972)(L.N. 49 of 1967) First Schedule (Repealed 20 of 1997 s. 8) Second Schedule Form I[reg. 4](E.R. 3 of 2024)Declaration I, .do hereby declare that I will serve with the Essential Services Corps in accordance with the provisions of the Essential Services Corps Ordinance, Chapter 197, and regulations made thereunder. Signature of Member. Date. (G.N.A. 92 of 1953) __________ Form II[reg. 4](E.R. 3 of 2024)Certificate of Enrolment I certify that .has this day been enrolled as a member of the Essential Services Corps. Commissioner, EssentialServices Corps,Hong Kong. Date . 19. __________ Form III[reg. 5](E.R. 3 of 2024)Declaration of member declining Medical Examination I, . do not desire to undergo medical examination. I understand that in the event of application by me for injury pension or of application by any person for death gratuity or dependant pension in respect of me on the grounds that my death or injury is due to any injury or illness attributable to my service in the Corps, the application may be prejudiced because of the absence of information regarding my medical condition prior to enrolment or being called out for active service. Signature of Witness. Signature of Member. Date. Date. (G.N.A. 4 of 1961; L.N. 49 of 1967; 20 of 1997 s. 9) __________ Form IV[reg. 5](E.R. 3 of 2024)Declaration of Member who has not passed the Medical Examination I, .understand that in the event of application by me for injury pension or of application by any person for death gratuity or dependant pension in respect of me on the grounds that my death or injury is due to any injury or illness attributable to my service in the Corps, the application may be prejudiced because of my medical condition prior to being called out for active service. Signature of Witness. Signature of Member. Date. Date. (G.N.A. 164 of 1950; G.N.A. 4 of 1961; L.N. 49 of 1967; 20 of 1997 s. 9) __________ Form V[reg. 6](E.R. 3 of 2024)Certificate of cancellation of enrolment I certify that the enrolment of . as a member of the Essential Services Corps has been cancelled with effect from the . day of ., 19. Commissioner, EssentialServices Corps,Hong Kong. Date . 19. Third Schedule [reg. 19](E.R. 3 of 2024) The Civil Aviation Unit The Aircraft Maintenance UnitThe Airline Industry Sub-UnitThe Caltex Sub-UnitThe Esso Sub-UnitThe Mobil Sub-UnitThe Shell Sub-UnitThe Dairy Farm Sub-Unit(L.N. 55 of 1972; E.R. 3 of 2024)