Hong Kong Ordinances

POLICE FORCE ORDINANCE - SECT 37

Conviction of police officer

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 76 of 1999 s. 3

(1) Nothing in this Ordinance shall be construed to exempt any police officer
from being proceeded against by the ordinary course of law when accused of any
offence punishable under any other Ordinance or law.

(2) No police officer who has been acquitted by a court of any crime or
offence shall be tried departmentally on the same charge.

(3) A sentence passed upon a police officer subject to this Ordinance shall be
in no respect affected by such officer ceasing to be subject to this Ordinance
by discharge or otherwise.

(4) No pay or allowance shall be payable to any police officer following the
date of the finding by a court in criminal proceedings that a charge against
such officer in respect of a criminal offence has been proved against him
unless the approval of the Commissioner of such payment be given. (Amended 12
of 1982 s. 8)

(5) A police officer in respect of whom a court has found in
criminal proceedings that a charge against him in respect of a criminal 
offence has been proved and whose appeal or other application for review of
those proceedings is not allowed or is abandoned or withdrawn, may be
dismissed, compulsorily retired, reduced or reverted in rank or subjected to a
lesser punishment- (Amended 12 of 1982 s. 8; 61 of 1988 s. 9)

   (a)  by the Chief Executive in the case of an inspector who has been
        confirmed in his appointment, subject to any conditions of his
        appointment; and (Amended 76 of 1999 s. 3)

   (b)  by the Commissioner in the case of-

        (i)    an inspector who has not been confirmed in his appointment; or

        (ii)   a non-commissioned officer; or

        (iii)  a police constable: Provided that an inspector shall not be
               reduced or reverted to a rank lower than inspector.

(6) Any station sergeant or sergeant dismissed under subsection (5) shall be
reduced to the rank of constable before dismissal.

(7) Where a police officer is dismissed under subsection (5) any arrears of
pay due to him may be forfeited by order of- (Amended L.N. 587 of 1995)

   (a)  the Chief Executive in the case of an inspector who has been confirmed
        in his appointment subject to any conditions of his appointment; and
        (Amended 76 of 1999 s. 3)

   (b)  by the Commissioner in the case of-

        (i)    an inspector who has not been confirmed in his appointment; or

        (ii)   a non-commissioned officer; or

        (iii)  a police constable.

(8) In subsections (4) and (5) "criminal proceedings" (刑事法律程序) and

"criminal offence" (刑事罪行) include, respectively-

   (a)  criminal proceedings in; and

   (b)  a criminal offence against the law of, any place outside Hong Kong.
        (Added 12 of 1982 s. 8) (Replaced 42 of 1977 s. 10)

"criminal proceedings" (刑事法律程序)

"criminal offence" (刑事罪行)