Cap. 197 - Essential Services Corps Ordinance

To provide for the establishment of an Essential Services Corps. [9 December 1949](Format changes—E.R. 5 of 2022) 1. Short title This Ordinance may be cited as the Essential Services Corps Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Corps (服務團) means the Essential Services Corps;essential service (基要服務) means any service declared to be an essential service in accordance with the provisions of section 3;member of the Corps (服務團團員) or member (團員) means every person who has enrolled in the Essential Services Corps and whose enrolment has not been cancelled. 3. Essential services (1) The services specified in the Schedule shall be essential services to which the provisions of this Ordinance apply.(2) The Chief Executive may by order published in the Gazette make addition to the Schedule. (Amended 76 of 1999 s. 3) 4. Power of Chief Executive to raise Corps It shall be lawful for the Chief Executive to raise and maintain a body of persons to assist in the maintenance or the performance of essential services to be known as the Essential Services Corps. The Corps shall consist of such persons as may, in accordance with regulations made under this Ordinance by the Chief Executive, be accepted for service in the Corps and also of such persons upon whom a liability to enrol in the Corps has been imposed under the provisions of the Compulsory Service Ordinance (Cap. 246).(Replaced 27 of 1951 s. 2. Amended 76 of 1999 s. 3) 5. Financial provision The Corps may be raised and maintained at the expense of Hong Kong out of moneys provided by the Legislative Council.(Amended 76 of 1999 s. 3) 6. Establishment of Corps The Corps may consist of such units or sub-units as may be prescribed and upon the formation of one or more such units the Corps shall be deemed to be established under the provisions of this Ordinance. 7. Power of Chief Executive to make regulations (1) The Chief Executive may by regulation provide in general for any matter relating to the Corps and in particular for— (Amended 76 of 1999 s. 3)(a) the procedure for enrolment in the Corps and for cancellation of enrolment;(b) the period for which persons may be enrolled;(c) the organization including sub-division and government of the Corps and the discipline of its members;(d) the duties and obligations attaching to membership of the Corps and the powers, privileges, and benefits conferred by membership; (Amended 15 of 1967 s. 2)(e) the training of members of the Corps and the provision of clothing, equipment and other stores; and(f) the calling out of members for active service. (Amended 15 of 1967 s. 2)(2) Any regulations so made may apply either to the Corps as a whole or to any unit or sub-unit of the Corps: Provided that no regulation shall require a member, unless called out for active service, either to give full-time service or to live away from his home. (3) Such regulations may provide that the contravention of any regulation shall constitute an offence and may provide for the punishment thereof by penalties not exceeding a fine at level 1 or imprisonment for 6 months. (Added 27 of 1951 s. 3. Amended E.R. 5 of 2022) 8. Powers, etc., of member of the Corps Every member of the Corps authorized in that behalf by the Commissioner of Police, whether by a particular or general description, shall, when called out for active service, have the same powers for the preservation of the peace, the prevention of offences, the apprehension of offenders and for all other purposes, and the same privileges, protection and immunities as the members of the police force except as to pay and pension or other reward. In addition to these powers the Chief Executive may, by regulations made under section 7, confer on members of the Corps authorized as aforesaid, when called out for active service, such further powers as the Chief Executive may deem necessary for the proper performance of their duties.(Amended 27 of 1951 s. 4; 15 of 1967 s. 3; 76 of 1999 s. 3) 9. Indemnity Every member of the Corps who, in good faith, purports to act in the exercise of any power conferred by sections 7 and 8, shall be and is hereby indemnified and discharged from any indictment, penalty, action or other proceeding for so doing. 10. Complaints Any member who feels that he has a just cause for complaint in any matter relating to the Corps may present his complaint to the Secretary for Security, through the Unit Controller of his unit with a right of appeal to the Chief Executive whose decision shall be final.(Added 27 of 1951 s. 5. Amended L.N. 147 of 1977; 76 of 1999 s. 3) 11. Improper possession of arms or clothing, or assumption of character of member of the Corps (1) Any person, not being a member of the Corps who—(a) has in his possession any article being part of the clothing, accoutrements or appointments supplied to any member of the Corps and is not able satisfactorily to account for his possession thereof;(b) puts on the dress or takes the name, designation or character of any member of the Corps for the purpose of thereby obtaining admission into any house or other place or of doing or procuring to be done any act which any such member would be entitled to do or procure to be done of his own authority, or for any other unlawful purpose,shall, in addition to any other punishment to which he may be liable for such offence, be liable on summary conviction to a fine at level 2 and to imprisonment for 2 years.(2) If any person knowingly buys or takes in exchange or in pawn from any member of the Corps or any person acting on his behalf, or solicits or entices any such member to sell or pawn any article being part of the clothing, accoutrements or appointments supplied to any member of the Corps, such person shall be liable on summary conviction to a fine at level 2 and to imprisonment for 2 years.(Amended E.R. 5 of 2022) 12. Obstructing the Corps Any person who wilfully obstructs any part of the Corps or any member in the performance of any service or duty under this Ordinance or regulations shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 6 months.(Added 27 of 1951 s. 5. Amended E.R. 5 of 2022) Schedule [s. 3] 1. The administration of government 2. The administration of justice 3. The administration, management and control of prisons (Replaced L.N. 334 of 1991) 3A. The administration, management and control of refugee and detention centres (Added L.N. 334 of 1991) 4. The control and operation of civil aviation 5. The dissemination of information to the public 6. The extraction and distribution of coal-gas 7. The generation and distribution of electricity 8. The maintenance of facilities for banking and public finance 9. The maintenance of communications including telecommunications and the postal service 10. The maintenance of the firefighting services 11. The maintenance of medical, health and sanitary services 12. The operation of land and water transport 13. The operation of the Port 14. The operation of the Hong Kong Observatory (Amended L.N. 362 of 1997) 15. The performance of emergency public works 16. The procurement, storage and distribution of foodstuffs 17. The procurement, storage and distribution of lubricating and fuel oils 18. The procurement, storage and distribution of government stores 19. The storage and distribution of fresh water 20. The procurement, storage and distribution of coal and firewood (Added 27 of 1951 s. 6) 21. The operation of canteens under the direction of Government (Added 27 of 1951 s. 6) 22. (Repealed 58 of 1997 ss. 33(2) & (4) & 34) 23. The care of workers in the essential services and their dependants (Added 27 of 1951 s. 6) 24. The manufacture, procurement, storage and distribution of industrial, medical and essential gases (Added G.N.A. 35 of 1952)(Amended E.R. 5 of 2022)