Hong Kong Ordinances

CIVIL AID SERVICE ORDINANCE - SECT 12

Powers of member of Service

(Past version on 30/06/1997).

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

(1) Subject to any instructions of the Chief Executive or to any regulations,
the Commissioner or other officer when on active service on the occasion of
any emergency may take such measures as appear to him necessary to assist in
the protection of life and property, the protection of public health or the
maintenance of public safety and generally for combating the emergency and
restricting the dangers and consequences it occasions and, without limiting
the generality of the preceding words of this subsection, the Commissioner or
other officer may- (Amended 76 of 1999 s. 3)

(a) remove, or order any member of the Service to remove, any persons
interfering by their presence with the operations of the Service;

   (b)  by himself or members of the Service under his control, assist in
        breaking into or through and taking possession of or blowing up or
        pulling down any premises;

   (c)  assist in directing or controlling traffic or closing any street in
        areas affected by the emergency;

   (d)  require any person in the area affected by the emergency to co-operate
        with the Service in any manner.

(2) The Commissioner of Police may in writing confer on any member called out
on active service any or all of the powers that are conferred by law on a
police officer.

(3) Without prejudice to subsection (2), the Chief Executive may by regulation
confer on any member called out on active service any other power as may be
necessary for the performance of the member's duty. (Amended 76 of 1999 s. 3)

(4) Every member who is on duty shall have the power, within the area in which
he is deployed, to direct the movement of any person on foot where such
direction is necessary in the interests of public safety.

(5) Nothing in subsection (1)(c) shall be construed in derogation of any
powers vested in the Police Force or any police officer, and where any action
is taken such as is specified in that provision the Commissioner or other
officer shall as soon as conveniently may be inform the Commissioner of Police
of such action taken.

(6) Any person who, without reasonable excuse-

   (a)  refuses to comply with a requirement under subsection (1)(d)
        reasonably made; or

   (b)  fails to comply with a direction of a member given under subsection
        (4), commits an offence and is liable to a fine at level 1 and to
        imprisonment for 3 months.