of 1901. Duties of obedience cesses. 15. Every member of the Force shall obey and execute all lawful summonses, warrants, executions, and other process of and execution of proany Court of Justice or the Peace, to him directed or delivered, and any summonses, warrant or other process directed or given to any member of the Force shall and may be executed and enforced by any other member of the same or any other Force, and every such last-mentioned member shall have the same rights, powers, and authorities for and in the execution of such summons, warrant, and other process as if the same had been originally directed to him expressly by name. 16. Any member of the Force who has served for a period of not less than ten years, and has attained the full age of fifty years, may, at the discretion of the Governor, be superannuated, and shall on retirement receive, at his option, either a gratuity of one month's pay for each year's service, or a yearly pension according to the following scale :-After ten years' service, tenfiftieths of the pay received by him during the year preceding his retirement, and an increase of one-fiftieth for each additional year's service completed, not exceeding thirty. 17. When any member of the Force has served for ten years, and has not attained the full age of fifty years, if a certificate to the effect set forth in Schedule B to this Proclamation signed by two medical practitioners, to be first approved of by the Commissioner, be forwarded to the Governor by such Commissioner, the Governor may superannuate such member, and he shall thereupon be entitled to receive, at his option, the gratuity or pension provided by the last preceding section for members of the Force who have attained the full age of fifty years. Superannuation. 18. When any member of the Force has served for a less Incapacitation period than ten years, if, without his own default and in the from bodily injury discharge of his duty, he receive such bodily injury as to in- in discharge of duty. capacitate him from active service, he may retire from the Force, and the Governor may grant to such member a gratuity not exceeding one month's pay for each year's service, or a yearly pension not exceeding half the pay received by him during the year preceding his retirement, or in the event of his death before so retiring such gratuity may be granted to his widow and children, or partly to his widow and partly to his children, as the Governor may deem fit. Discharge on medi 19. When any member of the Force has served for a less period than ten years, if a certificate to the effect set forth in cal certificate. the said schedule shall be granted by two medical practitioners to be first approved of by the Commissioner, such member shall be entitled to his discharge and to receive a gratuity of one month's pay for each year of service at his then rate of pay. 20. No pension shall be granted to members of the Force except upon condition that it is liable to be forfeited and may be withdrawn by the Governor in any of the following cases : (1) On conviction of the grantee of any crime or offence. ЗА Forfeiture of pen sion. of 1901. Retirement after 20 years' service. Pensions to widows and children. Forfeiture of pension for misconduct. Period of service how reckoned. Rewards for meritorious service. charges of insubordination. (2) On his knowingly associating with suspected persons, thieves, or other offenders. (3) On his refusing to resume his duties in his former office when required to do so by the Governor, in accordance with any regulations made under this Proclamation. (4) If he shall make use of the fact of his former employment in the Force in a manner which the Governor considers to be improper. 21. Any member of the Force who has attained the age of forty years, and who has served with diligence and fidelity for not less than twenty years, shall be entitled to retire upon a gratuity at the rate of one month's pay for every year of service. 22. Should any member of the Force lose his life in the discharge of his duty, a gratuity or pension equal to what he would have been entitled to if he had reached the age of fifty years, shall be paid to his widow and children, or partly to his widow and partly to his children, as the Governor may determine. 23. Any member of the Force who has been discharged or dismissed therefrom for misconduct shall not be entitled to any pension, gratuity, or allowance. 24. The Governor may permit the period of service of any member of an existing police force who shall be appointed to serve in the Force by this Proclamation constituted to be reckoned for the computation of pension, or gratuity under this Proclamation. 25. The Governor may pay out of the public revenue such sums of money by way of reward to members of the Force as shall by extraordinary service have merited the same. Enquiry by Board 26. When a charge of insubordination or conduct against of Officers into the discipline of the Force is made against a Sergeant or Superintendent, the Station Officer shall, if he considers the offence to be of a serious nature, report the facts to a Deputy Commissioner of Police, who will decide whether an enquiry by a Board of Officers appointed and convened by him shall be held. The Board shall consist of not less than two Officers above the rank of Superintendent, who are hereby empowered to examine on oath into the charge in manner provided by Rules framed under this Proclamation. Their finding shall be submitted to the Deputy Commissioner, who may, if he concurs with it, impose a penalty (not exceeding ten pounds), and may recommend such Sergeant or Superintendent for reduction, discharge, or dismissal by the Commissioner. 27. When a charge of insubordination or conduct against the discipline of the Force is made against a policeman, the Station Officer shall, if he considers the offence to be of a serious nature, report the facts to a Deputy Commissioner, who shall decide whether an enquiry by a Board of Officers appointed and convened by him shall be held. The Board shall consist of not less than two Officers above the rank of Sergeant, who are empowered to examine on oath into the charge. Their finding shall be submitted to the Deputy Commissioner, who may, if he concurs with it, impose a penalty not exceeding five pounds, may deprive such policeman of good conduct allowance, or may direct his discharge or dismissal from the Force. An appeal from discharge or dismissal shall lie to the Commissioner of Police or Officer in charge of a Town Police District. If the charge is not of a serious nature, the Station Officer may deal with it, and is authorised to impose a penalty not exceeding one pound, or may submit the case to the Deputy Commissioner, who is authorised to impose a penalty not exceeding three pounds, or to deprive such policeman of his good conduct allowance. 28. The Boards of Officers mentioned in the two last preceding sections, through their Presidents, may issue summonses requiring any persons named therein to appear at a time and place to be therein appointed to give evidence on oath as to all matters and things known to them respecting any charge or complaint preferred against any member of the Force as to any neglect or violation of duty, and any person duly summoned as aforesaid who shall not attend in obedience to such summons, or attending shall refuse to be sworn, or being sworn shall refuse to give evidence, or to answer all such questions as such person may lawfully be required to answer, shall incur and be liable to pay, for each offence, such penalty not exceeding five pounds, as such Boards holding such enquiry may direct and adjudge. 29. Any penalty imposed under the three last preceding sections of this Proclamation, or for breach of any regulation made by the Governor, may be recovered, in the case of a member of the Force, by stoppage from the pay of the offender, and shall be credited to a fund to be styled the "Mulct Pay Fund," which will be controlled by the Commissioner of Police or other Officer in charge of a Town Police District under such *Rules as the Governor may prescribe, and which fund may be applied for making rewards to members of the Force for specially meritorious work and in aid of any undertaking which, in the opinion of the Commissioner, is for the well-being of the Force. of 1901. Summoning of witnesses to enquiry into charges against constables. Mulct Pay Fund Enquiry perior officers. into 30. When any member of the Force above the rank of a Superintendent is accused of a breach of duty, or of any charges against suconduct rendering it unfit that he should remain in the Force, if he deny the truth of such accusation, and if the Governor is of opinion that sufficient cause has been shown for further proceedings, the Governor may appoint three or more fit and proper persons, of whom one only may be a member of the Force, to inquire as to the truth of such charge; and such person shall have authority to hear, receive, and examine evidence on oath, and shall, after fully hearing the case, report to the Governor their opinion thereon. Offences and pen 31. Any member of the Force who is convicted of a crime or offence, or becomes a hired servant, or engages directly or alties. Such rules have been prescribed and published under Government Notice 564 of 1902 (Gazette, 31st October, p. 1530). indirectly in any business, trade or undertaking, or in any Stock Exchange speculations, or keeps a house for the sale of wine, beer, or spirituous liquors in his own or any other name, or is directly or indirectly interested in any such house, may be reduced in rank or grade, or dismissed from the Force, and if dismissed shall forfeit all pay, gratuity, or pension to which he may have become entitled. Whenever a charge under this section is brought against a member of the Force, it shall be dealt with by a Board of Officers as laid down in Sections twenty-six and twenty-seven of this Proclamation. If the charge relates to the conduct of an Officer of rank superior to that of Superintendent, the Board shall consist of not less than three Officers of the highest rank available, of whom the Commissioner of Police or some person nominated by the Governor shall be President. 32. Any member of the Force who shall resign his office or withdraw himself from the duties thereof without the previous permission or notice required by this Proclamation, shall upon conviction be liable, for every such offence, to a penalty not exceeding forty pounds. 33. Any member of the Force who shall take any bribe, pecuniary or otherwise, either directly or indirectly, to forego his duty, or who snall in any manner aid or connive at the escape, or attempt to escape, of any prisoner in lawful custody, or who shall desert his post or assault his superior in rank in the Force, or shall neglect or refuse to obey or execute any process by this Proclamation directed to be by him executed, or shall be guilty of any act of insubordination or misconduct against the discipline of the Force, or of any contravention of any rule or regulations made under the provisions of this Proclamation, shall incur and be liable to a penalty not exceeding forty pounds; but nothing herein contained shall exempt such offender from any higher or other punishment to which he may be subject by this Proclamation, or any other law in force in this Colony. 34. Any person who shall by a false certificate or any false representation obtain admission to the Force, or having been dismissed therefrom shall by concealing such dismissal receive any pay, gratuity, or pension, shall be guilty of an offence against this Proclamation, and shall on conviction before a Magistrate be liable to three months' imprisonment with or without hard labour. 35. If any person who having been a member of the Force has been dismissed, or who has otherwise ceased to be a member of the Force, shall not forthwith deliver up his certificate of appointment and everything which may have been supplied to him for the execution of his office, or which may be in his custody by virtue thereof, to such person as may be appointed by any order issued by the Commissioner, such first mentioned person shall be guilty of an offence against this Proclamation, and shall upon conviction be liable to be imprisoned with or without hard labour for any period not exceeding three months; and any Justice of the Peace may and shall issue his warrant of 1901. to search for and seize any article of equipment which shall not be so delivered wherever the same shall be found. Offence of deser 36. If any member of the Force shall, during the period which he shall have engaged to serve and not being duly dis- tion, &c. charged from the same, desert or refuse to serve, or absent himself from duty without lawful cause or reasonable excuse, the proof of which shall lie upon him, every such offender shall be liable upon conviction for every such offence to a penalty not exceeding forty pounds. *37. The holder of any licence to sell wine, beer, or spirituous liquors, who shall by himself or his servants knowingly permit any policeman to become intoxicated on his premises, or to be supplied with liquors while intoxicated, shall for every such offence be liable upon conviction to pay a penalty not exceeding twenty pounds. Offence of supplying liquor by licence holder. Inability to account for accoutrements in 38. If any person not being a member of the Force shall have in his possession any article of equipment supplied to any possession, &c. member of the Force, and shall not be able satisfactorily to account for his possession thereof, or shall put on or assume the dress, name, designation, or description of any member of the Force, or shall give or promise to give any bribe, pecuniary or otherwise, or shall make any agreement with any member of the Force to induce him in any way to forego his duty, or shall supply any member of the Force while on duty with intoxicating drink, or shall concert or connive at any act, whereby any rule or regulation made under this Proclamation in relation to the Force may be evaded, every such person shall, in addition to any other punishment to which he may be liable, for such offence, upon conviction, incur and be liable to a penalty not exceeding forty pounds. Sale, pledge, &c., penalized. 39. No member of the said Force shall, without permission of the Commissioner first had and obtained, sell, pledge, or of accoutrements otherwise dispose of any article of equipment; and every sale, pledge, or other disposition of any such article shall be null and void; and any member of the said Force who shall make or attempt to make any sale, pledge, or other disposition as aforesaid, in contravention of this section, shall be liable on conviction to a penalty not exceeding twenty pounds. 40. If any person shall in consequence of any sale, pledge, or other disposition made by any member of the said Force in contravention of the last preceding section, knowingly receive or have any such article of equipment, such person shall be liable upon conviction to a fine not exceeding twenty pounds sterling. Knowingly receiving accoutrements, &c. 41. No article of equipment of any member of the Police Accoutrements not Force shall be capable of being seized or attached under a writ liable to be seized in of execution issued against such member. execution. Exemption from 42. Every member of the said Force, when in uniform, whose duty it shall be, in proceeding to or from any place, to tolls when in uni pass through any toll-bar, or over any ferry, at or in respect of which the payment of toll shall now or may hereafter be lawfully Repealed by Liquor Licensing Ordinance (Ord. 32 of 1902) where another provision on the subject will be found (sect. 56 of the Ord.). form. |