Hong Kong Ordinances

CIVIL AID SERVICE ORDINANCE - SECT 32

Repeal and transitional arrangements

(Past version on 30/06/1997).

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

(1) The following are repealed-

   (a)  the Essential Services (Civil Aid Services) Corps Regulations
( Cap 197 sub. leg.) (in this section referred to as "the repealed
regulations");

   (b)  the Civil Aid Services Direction (Cap 197 sub. leg.) made under
        regulation 4 of the repealed regulations.

(2) The Civil Aid Services Unit of the Essential Services Corps established
under regulation 2 of the repealed regulations (in this
section and in section 33 referred to as "the CAS Unit") is deemed to be the
Civil Aid Service for the purposes of this Ordinance as if it was raised and
maintained under this Ordinance and, accordingly, at the commencement of this
Ordinance-

   (a)  all those persons who immediately before that commencement were
        members of the Essential Services Corps appointed to the CAS Unit
        shall be deemed to be enrolled in the Service under section 10, and
        each member so enrolled shall be deemed to hold the same rank in the
        Service as he held in the CAS Unit immediately before that
        commencement; and

   (b)  the person who immediately before that commencement was the person
        appointed to be the Commissioner, Civil Aid Services under regulation
        2 of the repealed Regulations shall be deemed to be the Commissioner
        for the purposes of this Ordinance as if appointed by the Chief
        Executive under section 7. (Amended 76 of 1999 s. 3)

(3) Despite section 3, the Service may until directed otherwise by
the Secretary for Security continue to use the name and style of "Civil Aid
Services", being the name and style by which the CAS Unit was known before the
commencement of this Ordinance.

(4) A person who is a member of the Service by virtue of subsection

(2)(a) and who immediately before the commencement of this Ordinance was
entitled to receive any medical or hospital treatment or any pay and
allowances under regulation 7 of the Essential Services Corps (General) 
Regulations ( Cap 197 sub. leg.) in respect of any wound or injury sustained
or illness contracted before that commencement shall be entitled to receive
medical and hospital treatment and pay and allowances under section 26 as if
that wound or injury or illness was an injury or illness sustained or
contracted after that commencement.

(5) A person who is a member of the Service by virtue of subsection

(2)(a) and who immediately before the commencement of this Ordinance had
completed the performance with diligence of a period or periods of training
for the purposes of regulation 9(4) of the Essential Services 
Corps (General) Regulations ( Cap 197 sub. leg.) shall be deemed to have
completed the performance with diligence of a like number of hours of training
for the purposes of any requirement as to efficiency that may be imposed under
this Ordinance.

(6) A person who is a member of the Service by virtue of subsection

(2)(a) and who immediately before the commencement of this Ordinance had, for
the purposes of section 15 of the Auxiliary Forces Pay and Allowances 
Ordinance ( Cap 254)-

   (a)  complied with or been exempted from any requirement of efficiency
        applicable to the CAS Unit;

   (b)  completed any programme of training specified by the Commissioner of
        the CAS Unit;

   (c)  completed any period of continuous training to the satisfaction of the
        Commissioner of the CAS Unit, shall for the purposes of that
        section 15 be deemed to have complied with, been exempted from or
        completed such requirement, programme or period of training as a
        member of the Service.

(7) Where immediately before the commencement of this Ordinance-

   (a)  pursuant to an appointment made by the Secretary for Security under
        section 13H(2)(c) of the Immigration Ordinance ( Cap 115), a detention
        centre was under the control and management of the Chief Staff Officer
        of the CAS Unit;

   (b)  pursuant to an appointment made by the Chief Staff Officer of
        the CAS Unit under rule 4(1)(b) of the Immigration (Vietnamese
        Migrants)(Detention Centres) Rules ( Cap 115 sub. leg.), an officer of
        the  CAS Unit had been appointed to assist the Chief Staff Officer of
        the CAS  Unit in the control and management of such a detention
        centre, then as at the commencement date-

        (i)    that detention centre shall be deemed to be under the control
               and management of the Chief Staff Officer of the Service by
               virtue of an appointment by the Secretary for Security under
               section 13H(2)(c) of the Immigration Ordinance ( Cap 115);

        (ii)   that officer, if he is a member of the Service by virtue of
               subsection (2)(a), shall be deemed to be appointed by the Chief
               Staff Officer of the Service under rule 4(1)(b) of the
               Immigration (Vietnamese Migrants)(Detention Centres) Rules (
               Cap 115 sub. leg.) to assist him in the control and management
               of the detention centre.

(8) For the purposes of a grant of honorary membership under section 11(1) to
an officer who is a member of the Service by virtue of subsection (2)(a),
regard may be had to any service rendered to the CAS  Unit by that person as a
member of the CAS Unit before the commencement of this Ordinance.

(9) A former member of the CAS Unit who retired or resigned from that Unit
before the commencement of this Ordinance shall be eligible to be granted
honorary membership under section 11(1) in the same manner as if he had been a
member of the Service at the date of his retirement or resignation.