Government Flying Service Ordinance


Published: 1997-06-30

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Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 1

Chapter: 322 GOVERNMENT FLYING SERVICE ORDINANCE Gazette Number Version Date

Long title 30/06/1997


An Ordinance to establish a Government Flying Service and to provide for connected purposes.
(Enacted 1992)


[1 April 1993] L.N. 93 of 1993


(Originally 54 of 1992)

Part: I PRELIMINARY 30/06/1997


(Enacted 1992)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Government Flying Service Ordinance.
(Enacted 1992)


Section: 2 Interpretation L.N. 9 of 2010 31/03/2010


(1) In this Ordinance, unless the context otherwise requires-
"auxiliary member" (輔助隊員) means a member holding an office in the auxiliary section of the Government Flying

Service;
"call out" (動員令) means a call out-

(a) by the Chief Executive under section 10(1); or (Amended 71 of 1999 s. 3)
(b) by the Controller under section 10(2);

"civil service provident fund scheme" (公務員公積金計劃) means the Civil Service Provident Fund Scheme
referred to in the government regulations; (Added 6 of 2009 s. 14)

"Controller" (總監) means the Controller of the Government Flying Service appointed under section 6;
"desert" (棄職) means, for a member-

(a) with intent to avoid a call out, to depart from, or to fail to attend at, his place of duty without leave;
(b) while on a call out or having been warned of a call out, with intent to remain permanently absent

without leave, to depart from, or to fail to attend at, his place of duty without leave; or
(c) while absent without leave, to manifest by his behaviour an intent to avoid a call out;

"disciplinary offence" (違反紀律罪) means an offence prescribed by regulations made under section 13;
"disciplinary tribunal" (紀律審裁體) means the Senior Officer appointed to hear and determine a disciplinary

offence;
"eligible person" (合資格人士), in relation to the Government Flying Service Welfare Fund, means a person referred

to in section 16(a);
"government regulations" (政府規例) means the administrative rules known as the Government Regulations and any

other administrative rules or instruments regulating the public service; (Added 71 of 1999 s. 3)
"member" (隊員) means a person holding an office designated by the Secretary as a Senior Officer or Officer and,

subject to section 9(4), includes an auxiliary member;
"Officer" (普通隊員) means a member holding an office designated as such by the Secretary;
"Public Service (Administration) Order" (《公務人員(管理)命令》) means-

(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with

that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,



Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 2

as amended from time to time; (Added 71 of 1999 s. 3)
"reprimand" (譴責) means the penalty awarded to a member found to have committed a disciplinary offence under

this Ordinance which, in the opinion of the appropriate authority, warranted the imposition of that penalty;
"retirement benefits" (退休福利), in relation to a person, means-

(a) the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance
(Cap 89);

(b) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap 99); or
(c) the part of that person’s beneficial interests in the civil service provident fund scheme that is

attributable to sums derived from the voluntary contributions made by the Government, as employer,
in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance
(Cap 485), together with the income, profits or losses arising from any investment of those sums and of
such income or profits; (Added 6 of 2009 s. 14)

"Secretary" means the Secretary for Security;
"Senior Officer" (高級隊員) means a member holding an office designated as such by the Secretary and includes the

Controller;
"severe reprimand" (嚴厲譴責) means the penalty awarded to a member found to have committed a disciplinary

offence under this Ordinance which, in the opinion of the appropriate authority, warranted the imposition of that
penalty.
(2) A reference to a person employed in the Government Flying Service includes-

(a) a member; and
(b) a person who is not a member but who is employed in a position as designated by the Secretary to

assist in the functioning of the Government Flying Service.
(Enacted 1992)


Part: II ESTABLISHMENT OF THE GOVERNMENT FLYING

SERVICE
30/06/1997



(Enacted 1992)

Section: 3 Establishment of the Government Flying Service 30/06/1997


(1) This Ordinance establishes the Government Flying Service which shall perform the functions set out in
section 5.

(2) The expense of establishing and maintaining the Government Flying Service shall be met from moneys
appropriated by the Legislative Council for the purpose.

(Enacted 1992)

Section: 4 Composition of the Government Flying Service 30/06/1997


(1) The Government Flying Service shall comprise Senior Officers and Officers of the designations set by the
Secretary.

(2) The Secretary shall publish the designations in the Gazette.
(Enacted 1992)


Section: 5 Functions of the Government Flying Service L.N. 362 of 1997;

71 of 1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) The Government Flying Service shall provide flying services to the Government for such purposes as are
incidental to the administration of Hong Kong.

(2) Without limiting the general nature of the function of the Government Flying Service to provide flying
services, the Secretary may direct the Controller to ensure that the Government Flying Service provides flying



Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 3

services-
(a) to support the Hong Kong Police Force and other law enforcement agencies of Hong Kong in carrying

out their law enforcement duties; (Amended L.N. 362 of 1997)
(b) for search and rescue and casualty evacuation purposes;
(c) to fight fires;
(d) to conduct aerial surveys;
(e) for medical services purposes;
(f) to carry such persons as the Secretary may authorize as passengers; and
(g) for any other purpose incidental to the matters set out in paragraphs (a), (b), (c), (d), (e) and (f).

(3) In addition to the power to direct the Controller to provide flying services, subject to section 7(2), the
Secretary may direct the Controller and other members of the Government Flying Service in the exercise of their
duties and functions pursuant to this Ordinance.

(4) Any person who is employed in the Government Flying Service (whether he is a member or not) shall be
bound to comply with any direction given by the Chief Executive or the Secretary under this Ordinance and with the
terms of a call out. (Amended 71 of 1999 s. 3)

(Enacted 1992)

Section: 6 Appointment of the Controller 71 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) The Chief Executive may appoint a person to be the Controller of the Government Flying Service.
(2) The Chief Executive may compulsorily retire, or dismiss, a Controller in accordance with the provisions of

this Ordinance and his conditions of service.
(3) The Chief Executive may give notice in the Gazette of the appointment of a person as the Controller.
(4) The Controller may resign by notice in writing to the Chief Executive which notice shall be effective when

the Chief Executive accepts it.
(Amended 71 of 1999 s. 3)

(Enacted 1992)

Section: 7 Powers and duties of the Controller 30/06/1997


(1) The Controller shall, subject to the direction of the Secretary, have the power to control the Government
Flying Service in the carrying out of its functions of providing flying services to the Government.

(2) The Controller and other members shall have a duty to ensure the safe operation of the Government Flying
Service aircraft which duty shall take precedence over a duty to comply with any other direction given to him or to
another member.

(3) The Controller shall have the duty to ensure that the Government Flying Service provides flying services in
accordance with the Secretary's direction.

(4) Subject to any direction of the Secretary and any instruction of the Controller, a Senior Officer designated
by the Controller may carry out the functions and duties of the Controller and exercise any power exercisable by the
Controller.

(5) If the Controller is to be absent from duty, the Secretary may appoint a Senior Officer to act as Controller
and shall publish notice of the acting appointment in the Gazette.

(Enacted 1992)

Section: 8 Terms of service 71 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) Subject to this Ordinance (including any regulation made under this Ordinance), persons employed in the
Government Flying Service, including members other than auxiliary members, shall be employed on conditions in
accordance with, and be subject to, the Public Service Commission Ordinance (Cap 93), the Public Service



Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 4

(Administration) Order, government regulations, the Pensions Ordinance (Cap 89) and the Pension Benefits Ordinance
(Cap 99). (Amended 71 of 1999 s. 3)

(2) A member, other than the Controller, may resign from the Government Flying Service-
(a) if he is on month to month terms of employment, by giving 1 month's notice in writing to the

Controller of his intention to resign;
(b) if he is on permanent terms of employment, by giving 3 months' notice in writing to the Controller of

his intention to resign;
(c) with the prior consent of the Controller, by paying to the Government 1 month's salary instead of

giving notice.
(Enacted 1992)


Section: 9 Auxiliary section 71 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) This section establishes the auxiliary section of the Government Flying Service.
(2) The Chief Executive is the Commandant of the auxiliary section of the Government Flying Service.

(Amended 71 of 1999 s. 3)
(3) The Secretary may appoint a Senior Auxiliary Member who shall be responsible to the Controller for-

(a) the administration; and
(b) maintaining the esprit de corps,

of the auxiliary section of the Government Flying Service.
(4) The provisions of this Ordinance relating to members shall apply to auxiliary members subject to

regulations made under section 18.
(Enacted 1992)


Part: III CONTROL AND DISCIPLINE OF THE GOVERNMENT

FLYING SERVICE
30/06/1997



(Enacted 1992)

Section: 10 Call out of the Government Flying Service 71 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) The Chief Executive may order a call out of the Government Flying Service, in whole or in part. (Amended
71 of 1999 s. 3)

(2) The Controller may order a call out of the Government Flying Service, in whole or in part, for a period not
exceeding 72 hours after which time the call out will lapse unless the Chief Executive has ordered a call out under
subsection (1). (Amended 71 of 1999 s. 3)

(3) The Controller shall publish notice of a call out in the Gazette as soon as practicable after a call out.
(4) The purpose of a call out is to require members and other persons employed in the Government Flying

Service to attend at duty and perform duty as ordered by the Controller or other officer authorized by the Controller.
(Enacted 1992)


Section: 11 Desertion 30/06/1997


A member who deserts commits an offence and is liable on conviction to imprisonment for 12 months and shall
on conviction forfeit all arrears of pay then due to him.

(Enacted 1992)




Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 5

Section: 12 Power of the Controller to make orders 71 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) The Controller may make orders not inconsistent with-
(a) this Ordinance or any regulation made under it;
(b) the Public Service (Administration) Order and government regulations except where that Order or

those regulations are modified by this Ordinance or any regulation made under it; or (Amended 71 of
1999 s. 3)

(c) any Ordinance, regulation or order governing civil aviation,
for the matters set out in subsection (2).

(2) The Controller's orders may prescribe-
(a) the control and operation of the Government Flying Service, including services to be performed by

members;
(b) requirements for training;
(c) classifications and criteria for promotions;
(d) the holding of inspections, drills, exercises and parades;
(e) subject to any regulation made under this Ordinance, conditions relating to the provision of welfare to

members;
(f) the administration of aircraft, buildings, equipment, finance, furniture, grounds, stores and vehicles;
(g) the form and requirement for reports, correspondence and records.

(3) The Controller's orders shall not be construed as subsidiary legislation for the purposes of the Interpretation
and General Clauses Ordinance (Cap 1).

(Enacted 1992)

Section: 13 Discipline regulation 30/06/1997


(1) The Secretary may by regulation provide for the following matters-
(a) the control of discipline within the Government Flying Service;
(b) the prescription of the acts and omissions that shall be disciplinary offences on the part of a member;
(c) the procedure to be followed where the Controller believes that a member may have committed a

disciplinary offence;
(d) the preferral of a charge in relation to a disciplinary offence, the appointment by the Controller of a

disciplinary tribunal and the hearing of the charge;
(e) the imposition of punishment on a member found to have committed a disciplinary offence;
(f) the review and appeal procedures, including appeals to the Secretary, to be taken on completion of

disciplinary proceedings.
(2) Without limiting the general nature of the matters set out in subsection (1), the Secretary may by regulation

provide for-
(a) the creation of offences relating to the control or discipline of members;
(b) subject to paragraph (c), the punishment of members found by a disciplinary tribunal to have

committed disciplinary offences which, if imposed by the Controller, may include-
(i) the reduction in rank;
(ii) the stoppage or deferral of an increment in salary;
(iii) a fine not exceeding one month's salary (excluding allowances);
(iv) a severe reprimand or a reprimand; or
(v) any combination of punishments in subparagraphs (i), (ii), (iii) and (iv),
and if imposed by the Secretary, may include, in addition to those punishments, compulsory retirement
with benefits or dismissal without benefits;

(c) the review and appeal procedures on disciplinary action taken against any member, including the
setting of time limits, the effect of failure to review and such other matters as may be necessary to
ensure a fair and proper functioning of the disciplinary proceedings.

(3) A member who is charged with a criminal offence may also be proceeded against for a disciplinary offence
and the pleas of autre fois acquit and autre fois convict shall not be entertained by the disciplinary tribunal or the court



Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 6

in which such criminal proceedings are brought.
(Enacted 1992)


Section: 14 Summary dismissal and other penalties 30/06/1997


(1) The Controller may order the summary dismissal of a member where he finds that the member has been
absent from duty without leave for a period exceeding 21 days.

(2) In addition to any punishment imposed under a regulation, the Secretary may order the member to pay an
amount not exceeding the cost of replacing or repairing Government or other property lost or damaged due to the fault
of the member.

(Enacted 1992)

Part: IV WELFARE FUND AND WELFARE REGULATION 30/06/1997


(Enacted 1992)

Section: 15 Establishment of the fund 26 of 2012 27/07/2012


This section establishes a fund known as the "Government Flying Service Welfare Fund" which consists of-
(a) any donation or voluntary contribution made to the fund;
(b) such sums as may be voted by the Legislative Council;
(c) gifts of money required under the notice from time to time given by the Chief Executive for the

purposes of section 3 of the Prevention of Bribery Ordinance (Cap 201) to be disposed of by being
paid into the Government Flying Service Welfare Fund; and (Amended 10 of 2005 s. 217; 26 of 2012
s. 47)

(d) such sums as may accrue as dividends or as interest from the investment of the fund.
(Enacted 1992)


Section: 16 Control of the fund L.N. 9 of 2010 31/03/2010


The Controller shall control the Government Flying Service Welfare Fund subject to any regulation made under
section 17 and shall apply the fund-

(a) to procure benefits that are not chargeable to the general revenue for the following eligible persons-
(i) members;
(ii) former members who have retired with retirement benefits; (Amended 6 of 2009 s. 24)
(iii) persons currently employed other than as members in the Government Flying Service (whether

as public servants or otherwise);
(iv) where a member, former member or a person currently employed at the time of his death other

than as a member in the Government Flying Service (whether as a public servant or otherwise)
has died, any person who was wholly or partially dependent on him at the time of his death;

(v) dependants of members, of former members who have retired with retirement benefits and of
persons currently employed other than as members in the Government Flying Service (whether
as public servants or otherwise); (Amended 6 of 2009 s. 24)

(b) to make loans to eligible persons; and
(c) to make grants to eligible persons who are in need of financial assistance.

(Enacted 1992)

Section: 17 Welfare regulation 30/06/1997


The Secretary may by regulation provide for the administration of the Government Flying Service Welfare Fund.
(Enacted 1992)





Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 7

Part: V GENERAL REGULATION 30/06/1997


(Enacted 1992)

Section: 18 General regulation 30/06/1997


The Secretary may by regulation provide for-
(a) the equipment of members and payment of equipment allowances to members;
(b) the insuring of members in the carrying out of their duties;
(c) conditions as to leave of absence from Hong Kong by members;
(d) the award of decorations for efficiency or for long or meritorious service;
(e) the prohibition or restriction on persons who are not members from wearing the uniform or other

accoutrements of the Government Flying Service or otherwise representing themselves to be members;
(f) the functioning of the auxiliary section of the Government Flying Service;
(g) the appointment of an honorary Commander of the auxiliary section of the Government Flying

Service;
(h) the procedure for appointment of auxiliary members;
(i) the age for appointment, terms of service and re-engagement of auxiliary members;
(j)-(m) (Repealed 20 of 1997 s. 14)
(n) such other matters as may be necessary to allow the auxiliary section of the Government Flying

Service to function;
(o) the establishment and administration of a reserve of persons who may be called up by the Secretary to

assist the Government Flying Service from time to time and the conditions under which they may be
called up to serve;

(p) restrictions on members and former members from publishing material or giving lectures on matters
relating to the Government Flying Service;

(q) such other matters as may be necessary or expedient for rendering the Government Flying Service and
the Controller efficient in the discharge of its or his functions and duties; and

(r) generally carrying into effect the provisions of this Ordinance.
(Enacted 1992)


Part: VI REPEAL, SAVINGS AND TRANSITIONAL 30/06/1997


(Enacted 1992)

Section: 19 Repeal and savings 30/06/1997


(1) The Royal Hong Kong Auxiliary Air Force Ordinance (Cap 198) is repealed.
(2) (Omitted as spent)
(3) Notwithstanding the repeal of the Royal Hong Kong Auxiliary Air Force Ordinance (Cap 198) and the

amendment of the Ordinances listed in the Schedule, the rights subsisting immediately before the commencement of
this Ordinance under any of those Ordinances of a member or former member of the Royal Hong Kong Auxiliary Air
Force shall not be affected by the repeals and section 23 of the Interpretation and General Clauses Ordinance (Cap 1)
shall generally apply.

(Enacted 1992)

Section: 20 Transitional 30/06/1997


(1) A person who was a member of the Royal Hong Kong Auxiliary Air Force and who continues to serve as a
member or auxiliary member of the Government Flying Service shall-

(a) be transferred to the position equivalent to his rank at the time of the commencement of this Ordinance
as the Secretary may by regulation prescribe; and

(b) be credited with the seniority in the Government Flying Service as he held in the Royal Hong Kong
Auxiliary Air Force.



Cap 322 - GOVERNMENT FLYING SERVICE ORDINANCE 8

(2) The property of the Royal Hong Kong Auxiliary Air Force immediately before the commencement of this
Ordinance is transferred by operation of this section to the Government Flying Service.

(Enacted 1992)

Schedule: SCHEDULE (Omitted as spent) 30/06/1997

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