Clause 29

by inserting, immediately after the words “a volunteer” in subsections (1), (2), (3) and (4), the words “or a volunteer ex-NSman”;

by inserting, immediately after paragraph (a) of subsection (3), the following paragraph:“(aa)detention of a volunteer ex-NSman for a period not exceeding 40 days;”;

by deleting paragraph (c) of subsection (3) and substituting the following paragraph:“(c)forfeiture of emoluments as follows:

up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman; (ii)up to 8 hours’ emoluments for a special police officer who is a volunteer;”;

by inserting, immediately after paragraph (d) of subsection (3), the following paragraphs:“(da)stoppage of leave for a special police officer who is a volunteer ex-NSman;

extra duty for a special police officer who is a volunteer ex-NSman;”; (e)by deleting paragraph (c) of subsection (4) and substituting the following paragraphs:“(c)forfeiture of emoluments as follows:

up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman; (ii)up to 8 hours’ emoluments for a special police officer who is a volunteer;

by deleting paragraphs (a) and (b) of subsection (6) and substituting the following paragraphs:“(a)in the case of a special police officer below the rank of assistant superintendent —

a fine not exceeding $300 if the special police officer is a volunteer ex-NSman; or

a fine not exceeding $200 for a special police officer who is a volunteer; or

in the case of a special police officer of the rank of assistant superintendent or higher —

a fine not exceeding $1,000 if the special police officer is a volunteer ex-NSman; or

a fine not exceeding $400 for a special police officer who is a volunteer.”;

by deleting subsection (7) and substituting the following subsections:“(6A) In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer who is a volunteer ex-NSman guilty of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, the disciplinary officer may order that special police officer concerned to pay compensation to make good, either partially or wholly, the value of such property or the amount of such loss or damage.(6B) In assessing the amount to be paid by way of compensation ordered under subsection (6A), a disciplinary officer must have regard to the emoluments of the special police officer concerned, and any order under that subsection shall not prejudice any right to any civil remedy for the recovery of damages beyond the amount of compensation so ordered.(6C) The value or amount ordered to be made good by a special police officer under subsection (6A) is recoverable as a debt due to the Government from that special police officer and be payable to the Police Fund established under Part X.(6D) A disciplinary officer authorised to impose detention as punishment under this section with respect to special police officers may order the detention as follows of a special police officer who is a volunteer ex‑NSman and ordered under subsection (6), on or after the date of commencement of section 29(f) of the Police Force (Amendment) Act 2015, to pay a fine and who defaults in payment:

if the fine is $100 or lower, detention for not more than 10 days;

if the fine is more than $100 but not more than $300, detention for not more than 20 days;

in any other case, detention for not more than 40 days or until the fine is paid.(6E) Any detention ordered under subsection (6D) against a special police officer who is a volunteer ex‑NSman is to start on such date as the disciplinary officer may specify in the order but must end earlier if the special police officer pays the fine in full.(7) Any special police officer against whom any order is made by a disciplinary officer under subsection (3), (4), (6), (6A) or (6D) may, not later than the 30th day after the date the order is served on the special police officer, appeal to the Commissioner or a Deputy Commissioner against any punishment imposed by that order or against any finding of guilt therein.”;

by deleting the words “any punishment awarded, the punishment” in subsection (8) and substituting the words “any order under subsection (3), (4), (6) or (6A), the punishment awarded by that order”; (i)by deleting subsection (9) and substituting the following subsections:“(9) The Commissioner or a Deputy Commissioner, as the case may be, may determine an appeal under subsection (7) against an order of a disciplinary officer —

by confirming any finding of guilt or punishment ordered by the disciplinary officer;

by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re-tried, by ordering the case to be re‑tried by another disciplinary officer;

by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or

by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard.(10) Every decision of the Commissioner or a Deputy Commissioner, as the case may be, under subsection (9) in any such appeal is final.(11) Any person sentenced to detention under this section shall, unless otherwise provided for in the Special Constabulary Regulations, serve his sentence in a detention barrack.”; and

by inserting, immediately after the words “police officers” in the section heading, the words “and volunteer ex‑NSmen”.