Auxiliary Police Forces Regulations

Subject to paragraph (2), an application by a claimant to a Compensation Board for the determination of any dispute as to whether compensation is payable under the Act in respect of an auxiliary police officer who is mobilised, may be made no earlier than 4 weeks after the claimant has made the claim under section 98(5) or (6) of the Act.

Where a notification under section 98(7) of the Act containing a further offer by the Commissioner is given to a claimant, the claimant may make an application to a Compensation Board only within 8 weeks from the date of receipt of the notification.

A decision of any Compensation Board shall be made by a simple majority of the members of the Board except that in the case of an equality of votes, the president or deputy president presiding shall have a casting vote in addition to his original vote.

A decision of a Compensation Board shall be signed by the president of the Compensation Board and shall be delivered by him or by a member of the Board on his direction.

A Compensation Board may, at any stage of any proceedings before it, reserve for the consideration of the General Division of the High Court any question of law arising in the proceedings in the form of a special case which shall —

The General Division of the High Court shall hear and determine the question or questions of law arising on the special case and shall thereupon remit the matter to the president or deputy president of the Compensation Board with the opinion of the General Division of the High Court thereon and that opinion shall be binding on the Compensation Board.

The costs of the proceedings in the General Division of the High Court shall be at the discretion of the General Division of the High Court and may be dealt with by the order of the General Division of the High Court, except that no member of the Compensation Board shall be personally liable to any costs in respect thereof.

Nothing in this regulation shall be construed to prevent a Compensation Board from determining any question of law arising in any proceedings before it.

Subject to paragraph (5), an auxiliary police officer in an Auxiliary Police Force may be promoted only by the employer of that Auxiliary Police Force, after considering the recommendations of the Promotions Board for that Force in respect of that auxiliary police officer.

Every employer of an Auxiliary Police Force shall establish a Promotions Board to assess the suitability of every auxiliary police officer employed in that Auxiliary Police Force for promotion.

The Promotions Board shall consist of —

The employer of an Auxiliary Police Force may appoint the chairman of the Promotions Board from among the persons referred to in paragraph (3).

Any auxiliary police officer who is in an Auxiliary Police Force may be promoted only after he has passed such examination or tests and met such other criteria as the Commissioner may consider applicable to that Auxiliary Police Force.

The Commander of an Auxiliary Police Force may, from time to time with the concurrence of the employer, issue orders (to be called “Auxiliary Police Standing Orders”) not inconsistent with the provisions of the Act or these Regulations, for the control, direction and information of the Auxiliary Police Force in his command.

It shall not be necessary to publish such Standing Orders in the Gazette.

Every auxiliary police officer in an Auxiliary Police Force shall be provided by the employer of that Force with such batons, arms, ammunition and other accoutrements as the Commissioner may approve for the effective discharge of his duties as an auxiliary police officer.

Such batons, arms, ammunition and other accoutrements shall be kept and used by the auxiliary police officer in the manner provided by the Auxiliary Police Standing Orders.

The Commissioner may from time to time, by order in writing, also direct any employer of an Auxiliary Police Force to provide every auxiliary police officer in that Force with such equipment as the Commissioner may consider necessary for the protection of the auxiliary police officer or for the effective discharge of his duties as an auxiliary police officer.

The cost of such equipment shall be borne solely by the employer.

Subject to paragraph (2), one or more auxiliary police associations may be established in respect of each Auxiliary Police Force.

An auxiliary police association may be established in respect of an Auxiliary Police Force if, and only if —

The Commissioner, after consultation with the employer of an Auxiliary Police Force, may by notice in writing, direct the employer to dissolve any auxiliary police association of that Auxiliary Police Force if —

Where an auxiliary police association has been dissolved pursuant to a direction under paragraph (1), any person who, on the date of the dissolution, was an office-bearer of that association shall, for a period of 2 years starting from such date, be disqualified, except with the written permission of the Commissioner, from being elected as an office-bearer of any auxiliary police association (whether or not of the same Auxiliary Police Force) or to act as such an office-bearer.

Any representation by an auxiliary police association affecting its members shall be made in writing to the Commander of the Auxiliary Police Force concerned, who shall consider the representation and take such action thereon, which may include reference to the employer of that Force or to the Commissioner or to both, as he thinks fit.

The Commander of the Auxiliary Police Force shall inform the association of his action and, if the association so requests, shall forward to the employer of that Force or to the Commissioner or to both, a report together with any written representation made to him by the association.

In any case where the committee or representatives of an auxiliary police association are required to attend a meeting with, or are permitted to make oral representations to, the Minister or officers of the Government, the employer and the Commissioner shall be entitled, either themselves or by representatives as they may decide, to be present and to be heard.

Every complaint against any auxiliary police officer in any Auxiliary Police Force shall —

Upon receipt of such a complaint, the complaint shall be forwarded to the employer of the Auxiliary Police Force for investigation.

For the purposes of ascertaining whether a disciplinary offence is disclosed, the employer referred to in paragraph (2) —

If, as a result of an investigation, a disciplinary offence is disclosed against an auxiliary police officer in an Auxiliary Police Force then —

Every charge shall describe the offence in the terms of regulation 21(1) in such manner as to identify the act or omission complained of.

Subject to paragraph (3), where there are 2 or more distinct offences, a separate charge shall be framed in respect of each offence and a separate finding shall be made on each charge.

Where more than one offence is committed in the course of the same transaction, only one charge shall be framed in respect of the most serious offence disclosed.

More than one auxiliary police officer may be dealt with together for the same or different offences if committed in the course of the same transaction.

The charge may be amended or altered at any time before the finding, but the auxiliary police officer concerned shall be informed of the amended or altered charge and shall be given full opportunity to cross-examine or give or call evidence to meet such new charge.

An auxiliary police officer charged with an offence may be punished for having attempted to commit, or having abetted the commission of such offence.

The following are disciplinary offences: (a)absence from duty without leave or good cause; (b)sleeping on duty; (c)conduct to the prejudice of good order and discipline; (d)cowardice in the performance of duty; (e)disobedience of these Regulations, the Auxiliary Police Force Directives, the Auxiliary Police Standing Orders or any orders of a superior officer whether written or verbal; (f)being unfit for duty through intoxication; (g)insubordination; (h)neglect of duty or orders; (i)malingering; (j)making in the course of his duty a statement which is false in a material particular; (k)excess of duty resulting in loss or injury to any other person; (l)any act of plunder or wanton destruction of property; (m)engaging in any other employment or any trade or business, or providing any service under a contract for services, unless either of the following applies:

For the purposes of paragraph (1)(m)(i), the requirements are the following:

If the Commissioner is of the opinion that A’s engagement in the other employment or the trade or business, or provision of the service under a contract for services (as the case may be), is prejudicial to the interests, good order or discipline of the Auxiliary Police Force —

For the purposes of paragraph (1)(m), the employer’s approval under paragraph (1A)(b) or the Commissioner’s permission under paragraph (1)(m)(ii) must state the following particulars and is not effective in relation to any such particular that is not stated in the approval or permission, as the case may be:

For the purposes of paragraph (1A)(a) and (d), A’s engagement in any activity specified in Part 1 of the Schedule is deemed to result in a conflict of interest or potential conflict of interest with A’s duty as an auxiliary police officer.

To avoid doubt, paragraph (1D) does not limit the activities A’s engagement in which would result in a conflict of interest or potential conflict of interest with A’s duty as an auxiliary police officer.

If an employer of an Auxiliary Police Force is satisfied that an auxiliary police officer in that Force is guilty of any of the disciplinary offences in paragraph (1), the employer, after considering the recommendations of the disciplinary officer under regulation 22 in respect of the appropriate punishment for that auxiliary police officer, may dismiss the auxiliary police officer or impose one or more of the following punishments on him: (a)reduction in rank, grade or seniority; (b)deferment or stoppage of increment; (c)reprimand; (d)caution; (e)extra duty; (f)restriction of leave or privileges or both; (g)a financial penalty not exceeding $200 or forfeiture of not more than one month’s pay, except in the case of absence without leave or good cause; (h)in the case of absence without leave or good cause, in addition to any other punishment, forfeit his pay in respect of the period of absence or such lesser period as the employer may think fit.

Every disciplinary inquiry under these Regulations shall be conducted by a disciplinary officer of equal or higher rank than the auxiliary police officer charged.

A disciplinary officer shall be —

The charge shall be read out and, if necessary, explained to the auxiliary police officer charged and he shall then be called upon to plead to the charge.

If the auxiliary police officer concerned pleads guilty —

If the auxiliary police officer concerned does not plead guilty or refuses to plead —

For the purposes of paragraph (5)(a), when the evidence of a witness has been previously recorded in writing by a police officer or an auxiliary police officer acting in the course of duty, it shall be sufficient if the disciplinary officer reads over the record of such evidence to the witness who shall be required to confirm or, if he so desires, to add to or retract from such evidence.

All evidence, including the reading over of any record of evidence under paragraph (6), shall —

The disciplinary officer shall at all times satisfy himself that the auxiliary police officer concerned understands the nature and effect of the proceedings and has a proper opportunity to defend himself.

The disciplinary officer may for sufficient reason adjourn any disciplinary inquiry from time to time.

An investigating auxiliary police officer, an investigating police officer or a disciplinary officer may apply to a Magistrate for a summons to secure the attendance before such officer, as a witness, of any person who appears to be acquainted with the circumstances of the case.

The Magistrate may issue a summons accordingly and such witness shall be bound to attend at the time and place mentioned in the summons and, subject to paragraph (3), shall be bound to answer truly all questions relating to such case as may be put to him by such officer, and shall produce all documents relevant to such case.

Nothing in this regulation shall be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production, as the case may be, on the ground of privilege if the proceedings had been held in any court.

In any case where the Commander of an Auxiliary Police Force has been informed —

Notwithstanding paragraph (1), in any case where the investigation against an auxiliary police officer is carried out by an investigating police officer, the commanding officer for Auxiliary Police Forces may direct the Commander to suspend that auxiliary police officer pending any inquiry into his conduct under these Regulations.

Where an employer of an Auxiliary Police Force is required by the Commissioner under section 86(3)(c) of the Act to pay an annual fee for any financial year or part thereof (as may be specified by the Commissioner), the fee shall be an amount equal to $0.10 multiplied by the total number of man-hours during which auxiliary police officers from the Auxiliary Police Force are deployed in that financial year or part thereof to carry out the purposes specified in section 86 (1)(b) to (e) of the Act.

The fee payable for any financial year or part thereof shall be paid to the Commissioner within one month after the end of that financial year.

Payment of the fee shall be made —

In this regulation, “financial year” means the period from 1st April of a year to 31st March of the succeeding year.