Cap. 233

To provide for the establishment and regulation of the Hong Kong Auxiliary Police Force. (Amended 29 of 1969 s. 2; L.N. 362 of 1997) [30 January 1959] G.N.A. 4 of 1959(Format changes—E.R. 7 of 2020) Part I Preliminary 1. Short title This Ordinance may be cited as the Hong Kong Auxiliary Police Force Ordinance.(Amended 29 of 1969 s. 2; 76 of 1999 s. 3) 2. Interpretation In this Ordinance, unless the context otherwise requires—active service (現役服務) means service pursuant to an order of the Commissioner made under section 16(1) or (2); (Amended 16 of 1967 s. 2)Boards of Discipline (紀律委員會) means a board convened under section 13;Commandant (總監) means the Commandant or the Deputy Commandant of the Force; (Amended 38 of 1980 s. 2)Commissioner (處長) means the Commissioner of Police or a deputy commissioner; (Amended 38 of 1980 s. 2)constable (警員) means a member holding any rank below the rank of sergeant; (Amended 38 of 1980 s. 2)duty (職責) includes active service, training and any voluntary duty performed under section 18, and a member shall be deemed to be on duty while proceeding to or returning from duty; (Replaced 16 of 1967 s. 2. Amended 38 of 1980 s. 2)Force (輔警隊) means the Hong Kong Auxiliary Police Force established under section 3; (Amended 29 of 1969 s. 2; L.N. 362 of 1997)gazetted officer (憲委級人員) means a member holding any rank between the rank of Commandant and the rank of superintendent (Auxiliary), both inclusive; (Replaced 38 of 1980 s. 2)inspector (督察) means a member holding the rank of inspector of police (Auxiliary) of whatever grade or rank; (Amended 38 of 1980 s. 2)member (隊員) means a member of the Force;non-commissioned officer (非委任級人員) means a member holding any rank below the rank of inspector and above the rank of constable;Police Force (警隊) means the Hong Kong Police Force; (Amended 29 of 1969 s. 2; L.N. 362 of 1997)regular gazetted police officer (正規憲委級警務人員) means an officer of the Police Force holding any rank between the rank of Commissioner and the rank of superintendent both inclusive. (Amended 38 of 1980 s. 2) Part II Establishment, Composition and Control of Force 3. Establishment and composition of Force There is hereby established an auxiliary police force, which shall be known as the “Hong Kong Auxiliary Police Force”, and which shall consist of such gazetted officers, inspectors, non-commissioned officers and constables as the Chief Executive may from time to time determine.(Amended 16 of 1967 s. 3; 29 of 1969 s. 2; L.N. 362 of 1997; 76 of 1999 s. 3; E.R. 7 of 2020) 4. Payment and maintenance of Force Provision for the payment and maintenance of the Force shall be by charges on the general revenue of Hong Kong to such amounts as may from time to time by annual vote or otherwise be voted by the Legislative Council.(Amended 76 of 1999 s. 3) 5. Members (1) The following persons shall be members—(a) all persons who, at the commencement* of this Ordinance, are either—(i) members of the Hong Kong Police Reserve established under the Police Reserve Ordinance 1927 (24 of 1927, see Cap. 233, 1950); or(ii) members of the Special Constabulary established under the Emergency (Special Constabulary) Regulations 1950 (G.N.A. 270 of 1950); and(b) all persons enrolled in the Force under the provisions of this Ordinance or any regulations made thereunder.(2) Notwithstanding anything contained in this Ordinance, the Commissioner shall enrol in the Force any person upon whom a liability to enrol therein has been imposed by section 15 of the Compulsory Service Ordinance (Cap. 246), and shall appoint such person to the rank for which he considers him suitable.(3) Service in the said Hong Kong Police Reserve or in the said Special Constabulary shall for all purposes be deemed to have been service in the Force. Editorial Note: * Commencement date: 30 January 1959. 6. Honorary membership (1) The Chief Executive, on the recommendation of the Commissioner, may grant honorary membership of the Force, with honorary rank equivalent to the substantive rank held at the date of retirement, resignation or being invalided out, to— (Amended 38 of 1980 s. 3)(a) any member who holds the rank of superintendent (Auxiliary) or above on retirement, resignation or being invalided out of the Force; and (Replaced 38 of 1980 s. 3)(b) any person who retired or resigned from the Hong Kong Police Reserve established under the Police Reserve Ordinance 1927 (24 of 1927, see Cap. 233, 1950), or from the Special Constabulary established under the Emergency (Special Constabulary) Regulations 1950 (G.N.A. 270 of 1950), between 18 September 1957 and the date of coming into operation* of this Ordinance and who, at the date of such retirement or resignation, held a rank equivalent to that of auxiliary superintendent of police or above,and who, in the opinion of the Chief Executive, has rendered distinguished service in the Force or in the Hong Kong Police Reserve or in the Special Constabulary as the case may be. (Replaced 31 of 1959 s. 2. Amended 16 of 1967 s. 4; 76 of 1999 s. 3)(2) The Commissioner may, either generally or in any particular case, permit any such honorary member to wear the mess dress uniform of a gazetted officer of the rank held by such member at the date of his retirement, resignation or being invalided out. (Amended 16 of 1967 s. 4; 38 of 1980 s. 3)(3) Save as provided in subsection (2), no such 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. Editorial Note: * Date of coming into operation: 30 January 1959. 7. Force under command of Commissioner Subject to the provisions of this Ordinance and to the orders and control of the Chief Executive, the Force shall be under the command and direction of the Commissioner.(Replaced 16 of 1967 s. 5. Amended 76 of 1999 s. 3) 8. Appointment of Commandant and Deputy Commandant There shall be a Commandant and a Deputy Commandant of the Force, each of whom shall be appointed by the Chief Executive.(Amended 76 of 1999 s. 3) 9. Appointment, promotion, reduction in rank, dismissal and compulsory retirement of members (1) Gazetted officers may be appointed, promoted, reduced in rank or dismissed by the Chief Executive. (Amended 38 of 1980 s. 4; 76 of 1999 s. 3)(2) Inspectors and non-commissioned officers may be appointed, promoted, reduced in rank or dismissed by the Commissioner.(3) Constables may be recruited, promoted or dismissed by the Commissioner.(4) The Chief Executive may require any gazetted officer to retire from the Force if it appears to him that such officer is unable to discharge efficiently the duties which he is or may be called upon to perform as a member. (Amended 76 of 1999 s. 3)(5) The Commissioner may require any inspector, non-commissioned officer or constable to retire from the Force if it appears to him that such member is unable to discharge efficiently the duties which he is or may be called upon to perform as a member. 10. Ranks The ranks of the gazetted officers and inspectors shall be suffixed by the word in bracket “(Auxiliary)” or the abbreviation “(Aux.)” and those of the non-commissioned officers and constables by the letter “(A)”, and such ranks shall be deemed junior to equivalent ranks in the Police Force.(Amended 16 of 1967 s. 6; 38 of 1980 s. 5) 11. Enrolment Enrolment to the Force shall be effected by entering the name of the person to be enrolled upon a register of members and by such person taking an oath or making a declaration in the form prescribed in the Schedule before a magistrate, the Commandant, a regular gazetted police officer or a gazetted officer of or above the rank of senior superintendent.(Amended 11 of 1968 Schedule; 47 of 1997 s. 10) 12. Headquarters and Standing Orders (1) Subject to the provisions of subsection (3), the Commissioner may from time to time issue orders (to be known as the “Hong Kong Auxiliary Police Force Headquarters Orders”) for the control, direction and information of the Force. (Amended 29 of 1969 s. 2; 38 of 1980 s. 6)(2) Subject to the provisions of subsection (3), the Commandant may from time to time issue orders of a routine nature (to be known as the “Hong Kong Auxiliary Police Force Standing Orders”) for the control, direction and information of members. (Amended 29 of 1969 s. 2)(3) No order issued under this section by the Commissioner shall be inconsistent with any of the provisions of this Ordinance or any regulations made thereunder and no order so issued by the Commandant shall be inconsistent with any of the provisions of this Ordinance or any regulations made thereunder or with any order so issued by the Commissioner.(Amended 76 of 1999 s. 3; E.R. 7 of 2020) 13. Boards of Discipline For the purpose of inquiring into disciplinary offences, the Commandant may convene a Board of Discipline consisting of any regular gazetted police officer for the time being appointed by the Commissioner as a Staff Officer of the Force and 2 gazetted officers.(Amended 38 of 1980 s. 7) 14. Disciplinary offences and penalties Any member, other than a gazetted officer, who is found guilty by a Board of Discipline of having committed any of the following disciplinary offences—(a) absence from duty without leave or good cause;(b) sleeping on duty;(c) conduct, in the course of duty, to the prejudice of good order and discipline;(d) cowardice in the performance of duty;(e) contravention of any of the provisions of any regulation made under section 28;(f) neglect of duty or refusal or failure to obey any lawful order whether issued in writing or verbally and whether of general application or issued in any particular case;(g) insubordination;(h) being unfit for duty by reason of intoxication;(i) malingering;(j) in the course of duty, making a statement which is false in a material particular;(k) unlawful or unnecessary exercise of authority which results in loss or injury to any person or to the Government;(l) wilfully or negligently damaging or destroying or negligently losing any Government property;(m) conduct likely to bring the Force into disrepute, (Amended 21 of 2024 s. 20)shall be liable to be punished by such Board with any or all of the following penalties—(i) reduction in rank;(ii) loss of pay during any period of absence from duty;(iii) caution, warning, reprimand or severe reprimand; and(iv) subject to confirmation by the Commissioner, dismissal from the Force. 15. Appeal from Boards of Discipline (1) If a member considers himself aggrieved by any finding of or punishment imposed by a Board of Discipline, he may, within 14 days of the communication to him of such finding or the imposition of such punishment, appeal by way of petition in writing to the Commissioner, and, if such member is a non-commissioned officer or a constable, the decision of the Commissioner shall be final. (Amended 16 of 1967 s. 7)(2) If such member is an inspector and he considers himself aggrieved by the decision of the Commissioner, he may, within 14 days of the communication to him of such decision, appeal by way of petition in writing to the Chief Executive whose decision shall be final. (Amended 16 of 1967 s. 7; 76 of 1999 s. 3)(3) Where an appeal is made under subsection (1) or (2) and any punishment has been imposed upon the appellant, such punishment shall be suspended pending the determination of such appeal.(Amended 21 of 2024 s. 21) 16. Calling out of the Force (1) For any purpose connected with the peace and good order of Hong Kong, the Commissioner may, with the prior approval of the Chief Executive, by order call out the Force or any part or member thereof for active service, and such service shall continue until an order is made by the Commissioner, with the prior approval of the Chief Executive, cancelling such first mentioned order. (Amended 76 of 1999 s. 3)(2) For the purpose of assisting the Police Force, the Commissioner may by order call out the Force or any part or member thereof for active service for a period to be specified in such order.(3) Every member called out for active service shall be liable to serve as directed by any lawful order at any place in Hong Kong or on board any vessel or in any aircraft in the service of the Government. (Amended 76 of 1999 s. 3)(4) Notwithstanding anything contained in subsection (1), the Commissioner may direct any member called out for active service—(a) to stand down from active service; and(b) to report back for active service at such place and on such date and at such time as may be directed.(5) On receipt of a direction under paragraph (a) of subsection (4), such member shall be deemed to have ceased to be engaged on active service and, on receipt of a direction under paragraph (b) of that subsection, such member shall be deemed to have been called out in pursuance of a new order under subsection (1) or (2), as the case may be.(Amended 16 of 1967 s. 8; 38 of 1980 s. 8) 17. Powers and functions of members when on duty (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 (Cap. 232) 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 (Cap. 232) 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 (Cap. 232) shall apply to a member in respect of any act done by him in obedience to warrant of a magistrate as it applies to a police officer.(Replaced 38 of 1980 s. 9) 18. Employment of members when police services are hired, etc. (1) When police services are hired by any person, it shall be lawful for the Commissioner to employ any member for duty who volunteers for such. (Amended 16 of 1967 s. 9; 38 of 1980 s. 10)(2) (Repealed 58 of 1999 s. 7) 19. Recovery of cost of property issued to members (1) If any member—(a) wilfully or negligently damages or destroys any property issued to him or placed under his control by reason of his being a member;(b) negligently loses any such property; or(c) fails to produce or deliver up any such property when requested to do so or when he ceases to be a member for whatever reason,the value thereof shall be recoverable from him by the Commissioner upon complaint before a magistrate. (Amended 38 of 1980 s. 11)(2) Notwithstanding subsection (1), any member failing to produce or deliver up, under subsection (1)(c), any property issued to him or placed under his control shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 3 months. (Added 38 of 1980 s. 11. Amended E.R. 7 of 2020) Part III Offences 20. Offence of failing to serve as directed 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 at level 1 and to imprisonment for 6 months.(Replaced 38 of 1980 s. 12. Amended E.R. 7 of 2020) 21. Wrongful acquisition of Government property If any person knowingly buys or takes in exchange or in pawn from any member, or any person acting on his behalf, or solicits or entices any member to sell or pawn, or has in his possession without lawful authority or excuse, any property issued to or available for issue to or placed under the control of any member by reason of his being a member, such person shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 6 months.(Amended E.R. 7 of 2020) 22. False pretence of membership for unlawful purpose Any person who, not being a member, puts on the dress or takes the name, designation or character of a member for the purpose of obtaining admission into any house or other place, or of doing or procuring to be done any act which a member would be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, shall be guilty of an offence and, notwithstanding any other penalty to which he may be liable, shall be liable to a fine at level 1 and to imprisonment for 6 months.(Amended E.R. 7 of 2020) 23. Unlawful possession, manufacture or sale of badges and equipment, etc. (1) No person shall, without lawful authority or excuse, have in his possession—(a) any badge, identification document, equipment or clothing which has been issued to any member or which is usually issued to members; or(b) any badge, identification document, equipment or clothing which so closely resembles any badge, identification document, equipment or clothing usually issued to members as to be likely to lead to the belief that it is such badge, identification document, equipment or clothing, as the case may be.(2) No person shall, without lawful authority or excuse, make or sell any badge or document which so closely resembles any badge or identification document usually issued to a member as to be likely to lead to the belief that it is such a badge or identification document.(3) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 6 months. (Amended E.R. 7 of 2020) 24. Incitement to disobedience If any person incites or persuades or otherwise endeavours to prevent any member from obeying any lawful order calling out the Force or any member for duty, such person shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 2 years.(Amended E.R. 7 of 2020) 25. Assaulting member in execution of duty, etc. Any person who assaults or resists any member in the execution of his duty, or aids or incites any person so to assault or resist any member, or refuses to assist any member in the execution of his duty when called upon to do so, or who, by the giving of false information with intent to defeat or delay the ends of justice, wilfully misleads or attempts to mislead any member shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 6 months. (Amended E.R. 7 of 2020) Part IV Supplemental and Miscellaneous 26. Complaints Any member who feels that he has just cause for complaint in any matter relative to the Force may present his complaint in writing to the Commissioner, and, from any decision of the Commissioner upon the complaint, there shall be a right of appeal by way of petition in writing to the Chief Executive, whose decision shall be final.(Amended 76 of 1999 s. 3; 21 of 2024 s. 23) 27. Delegation of powers The Commissioner may delegate all or any of the powers conferred upon him by this Ordinance or by any regulations made thereunder to any regular gazetted police officer or to any gazetted officer. 28. Regulations (1) The Chief Executive in Council may by regulation provide for— (Amended 76 of 1999 s. 3)(a) the conditions and method of enrolment in and resignation from the Force;(b) the requirements as to efficiency and training; (Amended 16 of 1967 s. 11)(c) the granting of awards;(d) medical treatment for members;(e)-(f) (Repealed 20 of 1997 s. 11)(g) the provision of uniforms, equipment and weapons to members, and the recovery of the cost thereof in certain cases;(h) the invaliding of members;(i) the general government and discipline of the Force.(2) Regulations made under this section may provide that contravention of specified provisions of such regulations shall be an offence and may provide penalties therefor: Provided that no penalty so provided shall exceed a fine at level 1 and imprisonment for 12 months. (Amended E.R. 7 of 2020) 29. Saving of prerogative rights of the Government Nothing contained in this Ordinance shall be construed to limit the right of the Government to dismiss or terminate the appointment of members and without compensation.(Amended 76 of 1999 s. 3) 30. Transitional provisions relating to Statute Law (Miscellaneous Provisions) Ordinance 2024 (1) Section 14 of the pre-amended Ordinance continues to apply as if the amending Ordinance had not been enacted, in relation to a member’s committing of a disciplinary offence if the member is notified of the conduct of proceedings for the offence under this Ordinance before the commencement date.(2) In this section—amending Ordinance (《修訂條例》) means the Statute Law (Miscellaneous Provisions) Ordinance 2024 (21 of 2024);*commencement date (生效日期) means the date on which section 20 of the amending Ordinance comes into operation;pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date.(Added 21 of 2024 s. 24) Editorial Note: * Commencement date: 18 August 2024. Schedule [s. 11]Oath or Declaration of Office I swear by Almighty God, (or solemnly and sincerely affirm and declare) that I will obey, uphold and maintain the laws of the Hong Kong Special Administrative Region, and I will at all times execute the powers and duties of my office as a member of the Hong Kong Auxiliary Police Force, honestly, faithfully and diligently, without fear or favour to any person and with malice or ill will towards none. And I do further swear (or solemnly and sincerely affirm and declare) that I will at all times obey without question the lawful orders of those set in authority over me. Sworn (or declared) before me ｝ this day of , 19 . (Amended 11 of 1968 Schedule; 29 of 1969 s. 2; L.N. 362 of 1997; 76 of 1999 s. 3)