Cap 197 - ESSENTIAL SERVICES CORPS ORDINANCE 1

Chapter: 197 ESSENTIAL SERVICES CORPS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To provide for the establishment of an Essential Services Corps.


[9 December 1949]

(Originally 51 of 1949 (Cap 197 1950))

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Essential Services Corps Ordinance.

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Corps" (服務團) means the Essential Services Corps;
"essential service" (基要服務) means any service declared to be an essential service in accordance with the

provisions of section 3;
"member of the Corps" (服務團團員) or "member" (團員) means every person who has enrolled in the Essential

Services Corps and whose enrolment has not been cancelled.

Section: 3 Essential services 76 of 1999 01/07/1997


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


(1) The services specified in the Schedule shall be essential services to which the provisions of this Ordinance
apply.

(2) The Chief Executive may by order published in the Gazette make addition to the Schedule. (Amended 76
of 1999 s. 3)

Section: 4 Power of Chief Executive to raise Corps 76 of 1999 01/07/1997


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


It shall be lawful for the Chief Executive to raise and maintain a body of persons to assist in the maintenance or
the performance of essential services to be known as the Essential Services Corps. The Corps shall consist of such
persons as may, in accordance with regulations made under this Ordinance by the Chief Executive, be accepted for
service in the Corps and also of such persons upon whom a liability to enrol in the Corps has been imposed under the
provisions of the Compulsory Service Ordinance (Cap 246).

(Replaced 27 of 1951 s. 2. Amended 76 of 1999 s. 3)

Section: 5 Financial provision 76 of 1999 01/07/1997


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


The Corps may be raised and maintained at the expense of Hong Kong out of moneys provided by the
Legislative Council.

(Amended 76 of 1999 s. 3)




Cap 197 - ESSENTIAL SERVICES CORPS ORDINANCE 2

Section: 6 Establishment of Corps 30/06/1997


The Corps may consist of such units or sub-units as may be prescribed and upon the formation of one or more
such units the Corps shall be deemed to be established under the provisions of this Ordinance.

Section: 7 Power of Chief Executive to make regulations 76 of 1999 01/07/1997


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


(1) The Chief Executive may by regulation provide in general for any matter relating to the Corps and in
particular for- (Amended 76 of 1999 s. 3)

(a) the procedure for enrolment in the Corps and for cancellation of enrolment;
(b) the period for which persons may be enrolled;
(c) the organization including sub-division and government of the Corps and the discipline of its

members;
(d) the duties and obligations attaching to membership of the Corps and the powers, privileges, and

benefits conferred by membership; (Amended 15 of 1967 s. 2)
(e) the training of members of the Corps and the provision of clothing, equipment and other stores; and
(f) the calling out of members for active service. (Amended 15 of 1967 s. 2)

(2) Any regulations so made may apply either to the Corps as a whole or to any unit or sub-unit of the Corps:
Provided that no regulation shall require a member, unless called out for active service, either to give full-time

service or to live away from his home.
(3) Such regulations may provide that the contravention of any regulation shall constitute an offence and may

provide for the punishment thereof by penalties not exceeding a fine of one thousand dollars or imprisonment for six
months. (Added 27 of 1951 s. 3)

Section: 8 Powers, etc., of member of the Corps 76 of 1999 01/07/1997


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


Every member of the Corps authorized in that behalf by the Commissioner of Police, whether by a particular or
general description, shall, when called out for active service, have the same powers for the preservation of the peace,
the prevention of offences, the apprehension of offenders and for all other purposes, and the same privileges,
protection and immunities as the members of the police force except as to pay and pension or other reward. In addition
to these powers the Chief Executive may, by regulations made under section 7, confer on members of the Corps
authorized as aforesaid, when called out for active service, such further powers as the Chief Executive may deem
necessary for the proper performance of their duties.

(Amended 27 of 1951 s. 4; 15 of 1967 s. 3; 76 of 1999 s. 3)

Section: 9 Indemnity 30/06/1997


Every member of the Corps who, in good faith, purports to act in the exercise of any power conferred by
sections 7 and 8, shall be and is hereby indemnified and discharged from any indictment, penalty, action or other
proceeding for so doing.

Section: 10 Complaints 76 of 1999 01/07/1997


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


Any member who feels that he has a just cause for complaint in any matter relating to the Corps may present his
complaint to the Secretary for Security, through the Unit Controller of his unit with a right of appeal to the Chief
Executive whose decision shall be final.



Cap 197 - ESSENTIAL SERVICES CORPS ORDINANCE 3

(Added 27 of 1951 s. 5. Amended L.N. 147 of 1977; 76 of 1999 s. 3)

Section: 11 Improper possession of arms or clothing, or assumption of

character of member of the Corps
30/06/1997



(1) Any person, not being a member of the Corps who-
(a) has in his possession any article being part of the clothing, accoutrements or appointments supplied to

any member of the Corps and is not able satisfactorily to account for his possession thereof;
(b) puts on the dress or takes the name, designation or character of any member of the Corps for the

purpose of thereby obtaining admission into any house or other place or of doing or procuring to be
done any act which any such member would be entitled to do or procure to be done of his own
authority, or for any other unlawful purpose,

shall, in addition to any other punishment to which he may be liable for such offence, be liable on summary conviction
to a fine of five thousand dollars and to imprisonment for two years.

(2) If any person knowingly buys or takes in exchange or in pawn from any member of the Corps or any person
acting on his behalf, or solicits or entices any such member to sell or pawn any article being part of the clothing,
accoutrements or appointments supplied to any member of the Corps, such person shall be liable on summary
conviction to a fine of five thousand dollars and to imprisonment for two years.

Section: 12 Obstructing the Corps 30/06/1997


Any person who wilfully obstructs any part of the Corps or any member in the performance of any service or
duty under this Ordinance or regulations shall be guilty of an offence and shall be liable on summary conviction to a
fine of one thousand dollars and to imprisonment for six months.

(Added 27 of 1951 s. 5)

Schedule: SCHEDULE L.N. 362 of 1997 01/07/1997


[section 3]

1. The administration of government;

2. The administration of justice;

3. The administration, management and control of prisons; (Replaced L.N. 334 of 1991)

3A. The administration, management and control of refugee and detention centres; (Added L.N. 334 of 1991)

4. The control and operation of civil aviation;

5. The dissemination of information to the public;

6. The extraction and distribution of coal-gas;

7. The generation and distribution of electricity;

8. The maintenance of facilities for banking and public finance;

9. The maintenance of communications including telecommunications and the postal service;

10. The maintenance of the fire fighting services;

11. The maintenance of medical, health and sanitary services;

12. The operation of land and water transport;



Cap 197 - ESSENTIAL SERVICES CORPS ORDINANCE 4


13. The operation of the Port;

14. The operation of the Hong Kong Observatory; (Amended L.N. 362 of 1997)

15. The performance of emergency public works;

16. The procurement, storage and distribution of foodstuffs;

17. The procurement, storage and distribution of lubricating and fuel oils;

18. The procurement, storage and distribution of government stores;

19. The storage and distribution of fresh water;

20. The procurement, storage and distribution of coal and firewood;

21. The operation of canteens under the direction of Government;

22. (Repealed 58 of 1997 ss. 33(2) & (4) & 34)

23. The care of workers in the essential services and their dependants;

24. The manufacture, procurement, storage and distribution of industrial, medical and essential gases.

(Amended 27 of 1951 s. 6; G.N.A. 35 of 1952)