![]() |
Home
| Databases
| WorldLII
| Search
| Feedback
Fiji Legislation |
LAWS OF FIJI
CHAPTER 85
POLICE
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
SECTION
1. Short title.
2. Interpretation.
PART II-CONSTITUTION AND ADMINISTRATION
3. Establishment of Force.
4. Constitution of
Force.
5. Functions of Force.
6. Employment of Force in times of
emergency.
7. General powers of the Commissioner.
8. Administration of
Force.
PART III-APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE
9. Enlistment.
10. Declaration on enlistment.
11.
Identity Cards.
12. Police officers not to resign without permission.
13.
Prolongation of service in case of war.
14. Discharge.
15. Arms and
equipment to be delivered up on ceasing to be a police officer.
PART IV-POWERS AND DUTIES OF POLICE OFFICERS
16. Police officers not to engage in other employment or
in political activities.
17. General powers and duties of police
officers.
18. Power to take photographs, etc.
19. Power to make complaint,
etc.
20. Non-liability for act done under authority of warrant.
21. Power
to inspect licences or permits.
22. Power to erect barriers, etc.
23. Duty
of Force to keep order on public roads.
24. Persons furnishing false name and
address.
25. Disposal of unclaimed property.
26. Power of police officer
to enter and break open premises in case of fire.
PART V-DISCIPLINE
27. Suspension or interdiction of gazetted
officers.
28. Interdiction of inspectorate officers and subordinate
officers.
29. Offences by police officers.
30. Offences against
discipline.
31. Power of arrest.
32. Trial of offences against
discipline.
33. Review by the Commissioner.
34. Powers of an officer
making inquiries.
35. Power to suspend punishment.
36. Procedure in cases
of grave or repeated offences.
37. Dismissal and reduction in rank of police
officers convicted by any Court.
38. Fines to be recovered by stoppage of
pay.
39. Loss or damage to arms and equipment to be made good by stoppage of
pay.
40. Pay not to accrue during absence without leave, imprisonment or
detention.
41. Place of confinement of offenders.
42. Establishment of
Police Rewards and Fines Fund.
PART VI-GENERAL OFFENCES
43. Unlawful possession of articles supplied to police
officers.
44. Duty to assist police.
45. Police officers not to join
certain associations.
46. Penalty on persons causing disaffection,
etc.
47. Penalty for disorderly conduct in police station, etc.
48. Pay or
allowances of subordinate officers not liable to attachment.
PART VII-SERVICE OUTSIDE FIJI
49. Neighbouring territory defined.
50. Power to order
service outside Fiji.
51. Effect of punishment of police officer in
neighbouring territory.
52. Provisions as to officers of neighbouring
territory serving in Fiji.
PART VIII-SPECIAL CONSTABULARY
53. Establishment of special constabulary, appointment of
special constables and general powers of Commissioner in respect thereto.
54.
Employment of special constables.
55. Powers, privileges and protection of
special constables.
56. Offences against discipline.
57. Trial of offences
against discipline.
58. Commissioner to provide necessary equipment for
special constables.
59. Termination of appointment.
PART IX-MISCELLANEOUS
60. Regulations.
-----------------------------------------
POLICE
Ordinances
No.
10
of
1965,
34
of
1968,
14
of
1975,
10
of
1976,
Orders
10th
July,
1970,
7th
October,
1970
AN ACT TO MAKE BETTER
PROVISION FOR THE
ORGANIZATION,
DISCIPLINE, POWERS AND
DUTIES OF THE POLICE FORCE AND
FOR
MATTERS INCIDENTAL
THERETO
[1st January, 1966]
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Police Act.
Interpretation
2. In this Act, unless the context otherwise
requires-
"Commissioner" means the Commissioner of Police;
"Force" means the Royal Fiji Police Force;
"gazetted officer" means and includes any police officer of or above the rank of Assistant Superintendent;
"inspectorate officer" means and includes any police officer below the rank of Assistant Superintendent, other than a subordinate officer;
"police officer" means any member of the Force;
"special constable" means any member of the Special Constabulary established under the provisions of this Act;
"subordinate officer" means and includes any police officer below the rank of Assistant Superintendent, whom the Minister may from time to time declare to be a subordinate officer;
"superior" or "superior officer" when used in relation to any act done or thing suffered by a police officer, means a police officer senior in rank to the police officer doing the act or suffering the thing;
"traffic" includes animals in the charge or under the control of any person, pedestrians and vehicles in or on any public thoroughfare and whether in motion or not;
"tribunal" means a person empowered under the provisions of this Act to try offences.
PART II-CONSTITUTION AND ADMINISTRATION
Establishment of Force
3. There shall continue to be established in Fiji a Police
Force to be called the Royal Fiji Police Force.
Constitution of the Force
4. The Force shall be formally enrolled and shall consist
of such ranks as may be prescribed by the Minister by notice in the
Gazette.
Functions of Force
5. The Force shall be employed in and throughout Fiji for
the maintenance of law and order, the preservation of the peace, the protection
of life and property, the prevention and detection of crime and the enforcement
of all laws and regulations with which it is directly
charged; and shall be
entitled for the performance of any such duties to carry arms.
Employment of Force in times of emergency
6. The Governor-General may in case of war or other
emergency employ the Force or any part thereof in the defence of Fiji and,
whilst
so employed, the Force or such part thereof as may be so employed shall
be subject to military law:
Provided that the Governor-General may in his
discretion order that any part of the Force so employed shall remain under the
command
of the
Commissioner.
(Amended
by
34 of 1968, s. 2)
General powers of the Commissioner
7.-(1) The Commissioner shall have the command,
superintendence and direction of the Force and, subject to the provisions of
this
Act and to the directions of the Minister, may make orders for the general
government of police officers in relation to their training,
arms, clothing,
equipment and other accoutrements, and particular services, as well as their
distribution and inspection, and such
other orders as he may deem expedient for
preventing negligence and promoting efficiency and discipline on the part of
police officers
in the discharge of their duties.
(2) Any act or thing
which may be done, ordered or performed by the Commissioner under the provisions
of subsection (1) may, subject
to the orders and directions of the Commissioner
be done, ordered or performed by the Deputy Commissioner or, to such extent as
the
Commissioner may delegate such powers to him, by any gazetted
officer.
(3) The Commissioner may make such appointments, promotions and
reductions in rank in respect of all police officers, other than gazetted
officers, as he may think
fit.
(Substituted
by
Order
10th
July,
1970)
Administration of Force
8.-(1) The administration of the Force throughout Fiji
shall be vested in the Commissioner.
(2) Subject to the orders and
directions of the Commissioner the control of the police in any place shall be
vested in such police
officer as may be appointed by the Commissioner to be in
charge thereof.
PART III-APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE
Enlistment
9. Every subordinate officer shall be enlisted to serve in
the Force for such period of years as may be fixed by the Commissioner
with the
approval of the Minister and this period of service shall, in all cases, be
reckoned from the day on which such officer
was enrolled.
Declaration on enlistment
10.-(1) Every police officer, other than a gazetted
officer, shall, on joining the Force, make before a gazetted officer a
declaration
on oath or affirmation in the form prescribed.
(2) Every
police officer required to make the declaration required under the provisions of
subsection (1), shall, on joining the Force
and before making such declaration,
answer truly any question which may be put to him as to his previous service in
any of Her Majesty's
Forces or police and as to whether he has at any time been
convicted of any offence.
(3) Any person who wilfully makes a false
statement in reply to any question put to him under the provisions of subsection
(2) shall
be guilty of an offence and liable to a fine not exceeding twenty
dollars or to imprisonment for a period not exceeding one month
or to both such
fine and imprisonment.
Identity cards
11. A police identity card in such form as shall be
determined by the Commissioner, signed by the Commissioner or by any gazetted
officer authorised by the Commissioner in that behalf, shall be issued to every
police officer and shall be evidence of the appointment
of such officer under
the provisions of this
Act.
(Inserted
by
34
of 1968 s. 3)
Police officers not to resign without permission
12. No police officer appointed by the Commissioner shall
be at liberty to resign or withdraw from the Force without the consent in
writing of the Commissioner.
Prolongation of service in case of war, etc.
13. Any police officer whose period of service expires
during a state of war, insurrection or hostilities, or whenever the
Governor-General
is satisfied that a state of civil commotion which threatens
the public safety exists or is likely to arise in Fiji or in any part
thereof,
may be retained and his service prolonged for such further period, not exceeding
six months after the cessation of such
state of war, insurrection, hostilities
or civil commotion which threatens the public safety, as the Governor-General
may direct.
(*Substituted by 34 of 1968, s.
4)
Discharge
14.-(1) Any
police officer, other than a gazetted officer, may be discharged by the
Commissioner at any time-
(a) if he is pronounced by a Government medical officer to be mentally or physically unfit for further service;
(b) on reorganisation or reduction of establishment;
(c) if the Commissioner considers that he is unlikely to become or has ceased to be an efficient police officer or that it is desirable in the public interest that he should be discharged from the Force:
Provided that discharge under the
provisions of this subsection of any such police officer shall be subject to the
concurrence of
the Police Service
Commission.
(Amended by 34 of 1968, s. 5
and Order 10th July, 1970)
(2) Every police officer discharged
under the provisions of subsection (1) shall be given one month's notice of
intention to discharge
him from the Force or, at the option of the Commissioner,
one month's pay in lieu of such notice.
Arms and equipment to be delivered up upon ceasing to be a police officer
15. Any police
officer who, having ceased to be a police officer, does not forthwith after he
shall have ceased to be a police officer,
deliver up to the person appointed by
the Commissioner for that purpose, or to the police officer in charge at the
place at which
he was last stationed, all arms, ammunition, equipment, clothing
and appointments whatsoever which have been supplied to him and
are the property
of the Government, shall be guilty of an offence and liable to a fine not
exceeding forty dollars or to imprisonment
for a period not exceeding three
months or to both such fine and imprisonment:
Provided that, at the
discretion of the Commissioner, any such officer may, instead of delivering up
any of such articles, make payment
therefor in such amount as may be determined
by the Commissioner.
PART IV-POWERS AND DUTIES OF POLICE OFFICERS
Police officers not to engage in other employment or in political activities
16. No police officer shall-
(a) engage in any employment or office whatsoever other than in accordance with his duties under the provisions of this Act; or
(b) take any active part in any political organization or electoral campaign or engage in any other activity which is likely to interfere with the impartial discharge of his duties under the provisions of this Act.
General powers and duties of police officers
17.-(1) Every police officer shall exercise such powers
and perform such duties as are by law conferred or imposed upon a police
officer,
and shall obey all lawful directions in respect of the execution of his
office which he may from time to time receive from his superiors
in the Force or
from any other police officer in the same rank as himself but senior in
service.
(2) Every police officer shall be deemed to be on duty at all
times and may at any time be detailed for duty in any part of Fiji.
(3)
It shall be the duty of every police officer promptly to obey and execute all
orders and warrants lawfully issued to him by any
competent authority, to
collect and communicate intelligence affecting the public peace, to prevent the
commission of offences and
public nuisances, to detect and bring offenders to
justice, and to apprehend all persons whom he is legally authorised to apprehend
and for whose apprehension sufficient ground exists.
Power to take photographs, etc.
18.-(1) Any police officer may cause to be taken, for use
and record in the registry of the force, photographs, descriptions,
measurements,
fingerprints, palm-prints and footprints of any person in lawful
custody for any offence punishable by imprisonment, whether such
person has been
convicted of such offence or not.
(2) On the acquittal of any person
whose photographs, description, measurements, fingerprints, palm-prints or
footprints have been
taken under the provisions of this section, such
photographs, description, measurements, fingerprints, palm-prints and footprints
shall be destroyed.
(3) Any person in lawful custody for any offence, who
refuses to submit to the taking of any of the methods of identification
authorised
to be taken under the provisions of subsection (1) shall be guilty of
an offence and liable to a fine not exceeding forty dollars
or to imprisonment
for a period not exceeding three months or to both such fine and imprisonment
and, after conviction, reasonable
force may be used to take such methods of
identification.
Power to make complaint, etc.
19. It shall be lawful for any police officer to make a
complaint or charge against any person before a magistrate and to apply for
a
summons, warrant, search warrant or such other legal process as may by law issue
against any person.
Non-liability for act done under authority of warrant
20.-(1) Where the defence to any suit instituted against a
police officer is that the act complained of was done in obedience to a
warrant
purporting to be issued by a magistrate or a justice of the peace, the court
shall, upon production of the warrant containing
the signature of the magistrate
or justice of the peace and upon proof that the act complained of was done in
obedience to such warrant,
enter judgment in favour of such police
officer.
(2) No proof of the signature of such magistrate or justice of
the peace shall be required unless the court has reason to doubt the
genuineness
thereof, and where it shall be proved that such signature is not genuine,
judgment shall nevertheless be given in favour
of such police officer if it is
proved that, at the time when the act complained of was committed, he believed
on reasonable grounds
that such signature was genuine.
Power to inspect licences or permits
21.-(1) It shall be lawful for any police officer to stop
and detain any person whom he sees doing any act for which a licence or
permit
is required under the provisions of any law for the time being in force and to
require such person to produce his licence
or permit.
(2) Any person who
fails to produce such licence or permit when called upon by a police officer may
be arrested without a warrant
unless he gives his name and address and otherwise
satisfies the police officer that he will duly answer any summons or other
proceedings
which may be taken against him.
Power to erect barriers, etc.
22.-(1) It shall be lawful for any police officer, other
than a subordinate officer, if he considers it necessary for the maintenance
and
preservation of law and order, the prevention or detection of crime or for the
apprehension of offenders, to erect or place barriers
in or across any road or
street or in any other public place in such manner as he may think
fit.
(2) Any police officer may take all such reasonable steps as he
considers necessary to prevent any person or vehicle from passing
any barrier
erected or placed under the provisions of subsection (1), and any such person,
or the driver of any such vehicle, who
fails to comply with any reasonable
signal made by a police officer under the provisions of this subsection, shall
be guilty of an
offence and liable to a fine not exceeding one hundred dollars
or to imprisonment for a period not exceeding six months or to both
such fine
and imprisonment.
(3) No police officer shall be liable for any loss,
damage or injury occasioned to any vehicle or by any person as a result of any
steps taken by such police officer under the authority of this section.
Duty of Force to keep order on public roads
23.-(1) It shall be the duty of the Force-
(a) to regulate and control traffic;
(b) to divert all or any particular kind of traffic, when it is in the public interest to do so;
(c) to keep order on public roads, streets, thoroughfares and landing places, and at other places of public resort or places to which the public have access; and
(d) to prevent obstructions on the occasions of assemblies and processions on the public roads and streets, and in any case when any road, street, thoroughfare or landing place may be thronged or may be liable to be obstructed.
(2) Every
person who opposes or disobeys lawful orders given by any police officer in the
performance of his duty under any of the
provisions of this section shall be
guilty of an offence and liable to a fine not exceeding forty dollars or to
imprisonment for
a period not exceeding three months or to both such fine and
imprisonment.
(3) Any person who opposes or disobeys any lawful order
given by a police officer in the performance of his duty under any of the
provisions of this section may be arrested without a warrant unless he gives his
name and address and otherwise satisfies a police
officer that he will duly
answer any summons or other proceedings which may be taken against him.
Persons furnishing false name and address
24. Any person who having been asked by a police officer
in the execution of his duty to give his name and address refuses to do so
or
gives to such police officer a false name or address shall be guilty of an
offence and liable to a fine not exceeding forty dollars
or to imprisonment for
a period not exceeding three months or to both such fine and imprisonment; and
any police officer may without
warrant arrest such
person.
(Amended
by
34
of
1968,
s.
6)
Disposal of unclaimed property
25.-(1) It shall be the duty of every police officer to
take charge of all unclaimed property and deliver the same to a police station,
where the police officer in charge shall cause to be posted in some conspicuous
place, a notice specifying such property, and calling
upon any person who may
have any claim thereto to appear and establish his claim within one month from
the date of such notice.
(2) Such property, if no person shall within one
month from the date of the notice aforesaid establish his claim thereto, may be
sold
or otherwise disposed of or destroyed in such manner as the Commissioner
may direct.
(3) The proceeds of the sale of such property shall, if no
claim thereto has been established within the period aforementioned and
after
deduction of any expenses incurred by such sale, be paid into the Consolidated
Fund.
Power of police officer to enter premises in case of fire, etc.
26. Any police officer may enter and, if necessary, break
into any building being or reasonably supposed to be on fire, or any building
or
land adjoining or near thereto, and any building threatened with damage by flood
water or other natural hazard, without the consent
of the owner or occupier, and
may do all such acts and things as he may deem necessary for extinguishing fire
in any such building,
or for protecting the same, or for rescuing any person or
property therein from fire, flood water or other natural
hazard.
(Substituted
by
34
of
1968,
s.
7)
PART V-DISCIPLINE
Suspension or interdiction of gazetted officers
27. A gazetted officer suspended or interdicted shall not
by reason of such suspension or interdiction cease to be a police
officer:
Provided that the powers, privileges and benefits vested in him
as a police officer shall be in abeyance during the period of such
suspension or
interdiction but he shall remain subject to the same responsibilities,
discipline and penalties and to the same authority
as if he had not been
suspended or interdicted.
(Amended
by
Order
10th
July,
1970)
Interdiction of inspectorate officers and subordinate officers
28.-(1) The Commissioner may interdict from duty any
inspectorate officer or subordinate officer pending the trial of any offence,
whether under the provisions of this Act or before a court, and pending the
determination of any appeal.
(2) A police officer interdicted from duty
under the provisions of this section shall not by reason of such interdiction
cease to
be a police officer:
Provided that the powers, privileges and
benefits vested in him as a police officer shall during his interdiction be in
abeyance but
he shall continue subject to the same responsibilities, discipline
and penalties and to the same authority as if he had not been
interdicted.
(3) A police officer interdicted from duty under the
provisions of this section shall not be paid any salary or any amount in
compensation
for loss of earnings in respect of a period of interdiction unless
the Commissioner otherwise directs or he is acquitted of the
offence.
(Substituted
by
10
of
1976)
Offences by police officers
29.-(1) Any police officer who-
(a) begins, excites, causes or joins in any mutiny or sedition amongst the Force, or does not use his utmost endeavours to suppress such mutiny or sedition, or conspires with any other person to cause any mutiny or sedition, or being cognizant of any mutiny or sedition, or intended mutiny or sedition, does not without delay give information thereof to his superior officer;
(b) deserts;
(c) persuades, procures or assists any police officer to desert, or being cognizant of any such desertion or intended desertion, does not without delay give information thereof to his superior officer;
(d) knowing that any police officer had deserted or intends to desert, does not without delay give information to his superior officer;
(e) strikes or offers violence to his superior officer, such officer being in the execution of his duty;
(f) being present at any assemblage tending to riot, does not use his utmost endeavours to suppress such assemblage,
shall be guilty of an offence and
shall be liable to imprisonment for five years,
(2) No police officer
shall be found guilty of the offence of desertion unless the court is satisfied
that there was an intention
on the part of the police officer not to return to
the Force.
(3) Upon reasonable suspicion that any person is a deserter,
any police officer may apprehend him without warrant and forthwith bring
him
before a court having jurisdiction in the place wherein he was found which may
deal with the suspect deserter or remit him to
a court having jurisdiction in
the place in which he has deserted.
Offences against discipline
30. Any police officer, other than a gazetted officer, who
commits any offence against discipline as may be prescribed under the provisions
of this Act shall be liable to suffer punishment in accordance with the
provisions of this Act:
Provided that-
(a) nothing in this connexion shall be construed to exempt any such officer from being proceeded against for any offence by any other process of law;
(b) save as is expressly provided under the provisions of this Act, no such officer shall be punished twice for the same offence.
Power of arrest
31.-(1) Any police officer may arrest without warrant any
police officer not being an officer of his own or of higher rank who is
accused
of any offence under the provisions of this Act.
(2) A police officer
effecting an arrest under the provisions of this section shall forthwith bring
the accused person before a gazetted
officer or in the absence of such an
officer before the most senior police officer readily accessible who shall cause
the case to
be heard by a tribunal or court of criminal jurisdiction without
delay.
Trial of offences against discipline
32.-(1) For the purpose of the trial of offences against
discipline under the provisions of this Act there shall be the following
tribunals:-
A. The Commissioner, who shall have power to impose any one or more of the following punishments:-
(a) In the case of any inspectorate officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) a fine not exceeding seven days' pay;
(v) reduction in rank;
(vi) dismissal.
(b) In the case of any subordinate officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) confinement to quarters for any period not exceeding fourteen days with or without extra guards, fatigues or other duty;
(v) a fine not exceeding seven days' pay;
(vi) reduction in rank;
(vii) dismissal:
Provided that the punishment of dismissal shall be subject to the concurrence of the Police Service Commission,
B. Subject to the provisions of section 33, any gazetted officer shall have power to hear and investigate charges, and if he finds the accused person guilty of an offence against discipline, to make recommendations to the Commissioner as to the punishment to be imposed.
(2) No police
officer shall be convicted of an offence against discipline unless the charge
has been read and investigated in his
presence and he has been given sufficient
opportunity to make his defence
thereto.
(Section
substituted
by
Order
10th
July,
1970)
Review by the Commissioner
33.-(1) The Commissioner shall review all proceedings
heard by any tribunal, other than proceedings heard by himself.
(2) Upon
such review, the Commissioner may-
(a) quash the finding;
(b) alter the finding, find the offender guilty of another offence and punish him in accordance with his powers under the last preceding section;
(c) confirm the finding and punish the offender in accordance with his powers under section 32;
(d) remit the proceedings to the tribunal which heard them or to another tribunal, for re-hearing.
(Substituted by Order 10th July, 1970)
Powers of an officer making inquiries
34.-(1) Every tribunal shall have power to summon and
examine witnesses on oath or affirmation and to require the production of all
documents relevant to an appeal or trial, and to adjourn any hearing from time
to time.
(2) Any person summoned as a witness under subsection (1) who
fails to attend at the time and place mentioned in the summons, or on
adjournment, or refuses to answer any question that is lawfully put to him,
shall be guilty of an offence, and shall be liable on
conviction before a
magistrate to a fine not exceeding ten dollars or to imprisonment for one
month:
Provided that no such witness shall be obliged to answer any
question which may tend to incriminate him or render him liable to any
forfeiture or penalty.
Power to suspend punishment
35.-(1) Subject to the provisions of this section any
punishment awarded under the provisions of section 32 may be suspended by order
of the Commissioner for such period not exceeding six months, as he may
determine.
(2) Where any punishment has been suspended under the
provisions of this section, such gazetted officer as may be directed by the
Commissioner shall, at the expiration of the period of suspension, review the
case, taking into consideration such reports on the
conduct of the offender
during the period of suspension as shall be available. Such officer may
thereupon make a recommendation to
the Commissioner that the suspended
punishment be remitted or reduced, in which case, if so remitted or reduced by
the Commissioner,
any entry relating to the offence which has been made in the
records of the offender shall be expunged or altered, as the case may
be, or the
Commissioner may order the punishment imposed:
Provided that if, during
the period of suspension, the offender is convicted of a further offence, the
Commissioner may order the
suspended punishment imposed.
Procedure in cases of grave or repeated offences
36. In any case where it appears to a gazetted officer
inquiring into an alleged offence against discipline, that the offence alleged
to have been committed, on account of its gravity, or by reason of previous
offences or for any other reason, should be considered
by the Commissioner, such
officer shall, without recording any finding, stay the proceedings and transmit
them to the Commissioner
for him to hear and determine the case himself or to
direct that it be heard by the officer who transmitted it or by any other
gazetted
officer:
Provided that when no statement in mitigation has been
recorded, the Commissioner shall give the offender an opportunity of making
representations to him either orally or in writing, as the Commissioner may
direct.
Dismissal and reduction in rank of police officers convicted by any court
37. The Commissioner may reduce in rank, or may dismiss
from the Force, any police officer, other than a gazetted officer, who has
been
convicted by any court in respect of any offence, whether against the provisions
of this Act or otherwise, unless such officer
has successfully appealed from
such conviction:
Provided that the Commissioner shall not dismiss from
the Force any such police officer without the concurrence of the Police Service
Commission.
Fines to be recovered by stoppage of pay
38.-(1) All fines imposed on a police officer in respect
of offences under the provisions of this Act may be recovered by stoppage
of
such officer's pay due at the time of committing such offence and thereafter
accruing due.
(2) The amount of stoppage in respect of any fine or for
any other cause authorised by the provisions of this Act shall be in the
discretion of the officer by whom the fine was imposed but shall in no case
exceed one-half of the offender's monthly pay; and whenever
more than one order
of stoppage is in force against the same person so much only of his pay shall be
stopped as shall leave him a
residue of at least one-half of his monthly
pay.
(3) Where more than one order of stoppage is made upon the same
person, the orders later in date shall, if necessary, be postponed
as to their
enforcement until the earlier orders have been discharged.
Loss or damage to arms and equipment to be made good by stoppage of pay
39. If any police officer, other than a gazetted officer,
pawns, sells, losses by neglect, makes away with or wilfully or by neglect
damages any arms, ammunition, equipment, clothing or other appointments supplied
to him or any government property committed to his
charge he may, in addition to
or in lieu of any other punishment, be ordered to make good the amount of such
loss or damage, and
such amount may be recovered by stoppage from his
pay.
Pay not to accrue during absence without leave, imprisonment or detention
40. No pay shall accrue to any police officer, other than
a gazetted officer, in respect of any period exceeding twenty-four hours
during
which he is absent from duty without leave, or is undergoing any sentence of
imprisonment, either for any offence against
discipline or for any other offence
whatsoever:
Provided that in any case the Commissioner may in his
discretion authorise the payment of such proportion of pay, not being more than
one-half, as he may think fit.
Place of confinement of offenders
41. Every police officer arrested for any offence under
the provisions of this Act may be confined to his quarters or in any building
set apart as a guard room or cell.
Establishment of Police Rewards and Fines Fund
42.-(1) All fines imposed under the provisions of this Act
for any offence against discipline shall be paid to the Chief Accountant
to be
placed to the credit of a fund to be called the "Police Rewards and Fines
Fund".
(2) No payment shall be made from the Police Rewards and Fines
Fund except upon the authority of the Commissioner.
(3) The Commissioner
may, in his discretion, sanction payments from the Police Rewards and Fines Fund
for any of the following purposes:-
(a) Assistance to the wives or families of deceased police officers or special constables, other than gazetted officers, or to any such officer or special constable discharged from the Force as medically unfit for further service;
(b) contributions towards prizes to be given at athletic meetings and similar events organized by or for the benefit of the Force;
(c) purchase of ammunition for the encouragement of range practice amongst police officers or special constables;
(d) payments to police officers or special constables, other than gazetted officers, as rewards for meritorious acts or service in the execution of duty, if such payments are not met from public funds;
(e) expenditure for the benefit and advancement of authorised recreation and sport and other branches of police activity organized within the Force;
(f) any other purpose which the Commissioner considers to be for the general welfare of police officers or special constables.
(Amended by 34 of 1968, s. 10)
(4)
All rewards, forfeitures and penalties which by law are payable to informers
shall, when the information is laid by a police officer
and there is no other
informer on the case, be paid into the Police Rewards and Fines Fund.
PART VI-GENERAL OFFENCES
Unlawful possession of articles supplied to police officers
43. Any person not being a police officer or special
constable who is found in possession of any article whatsoever which has been
supplied to any police officer or special constable for the execution of his
duty, or any medal or decoration granted to any police
officer or special
constable for service or good conduct, and who fails to account satisfactorily
for the possession thereof, or
who without due authority purchases or receives
any such article, medal or decoration from any police officer or special
constable,
or who aids or abets any police officer or special constable to sell
or dispose of any such article, medal or decoration shall be
guilty of an
offence and liable to a fine not exceeding forty dollars or to imprisonment for
a period not exceeding three months
or to both such fine and
imprisonment.
Duty to assist police
44. It shall be lawful for any police officer to call upon
any person to assist him if, whilst acting in the execution of his duty,
he is
assaulted or resisted or in danger of being assaulted or resisted, and any
person so called upon to assist a police officer
who without reasonable excuse
refuses or neglects to render assistance to the best of his ability, shall be
guilty of an offence
and liable to a fine not exceeding ten dollars or to
imprisonment for a period not exceeding one month or to both such fine and
imprisonment.
Police officers not to join certain associations
45.-(1) It shall not be lawful for a police officer to
become or to be, a member of a trade union, or an industrial association as
defined in the Trade Unions Act or the Industrial Associations Act or of any
association having for its objects, or one of its objects, to control or
influence the
pay or conditions of service of the
Force.
(Cap.
96.)
(Cap.
97.)
(2) Any police officer
contravening any of the provisions of subsection (1) shall be guilty of an
offence and liable to a fine not
exceeding one hundred dollars.
(3) For
the purpose of enabling police officers to bring to the notice of Government any
matter affecting their welfare and efficiency,
other than questions of
discipline or promotion, the Minister may, if he thinks fit, by order establish
and provide for the regulation
of one or more police associations and nothing in
the provisions of subsection (1) or (2) shall be deemed to prohibit a police
officer
from joining and being a member of an association so
established.
Penalty on persons causing disaffection, etc.
46. Any person who causes or attempts to cause or does any
act calculated to cause disaffection amongst police officers or special
constables or induces or attempts to induce or does any act calculated to induce
any police officer or special constable to withhold
his services or to commit
any breach of discipline shall be guilty of an offence and liable to
imprisonment for a period not exceeding
two years.
Penalty for disorderly conduct in police station, etc.
47. Any person who, in any police station, police office
or cell, or in any part of a police compound to which the public have access,
is
guilty of any riotous, indecent, disorderly or insulting behaviour shall be
guilty of an offence and liable to imprisonment for
a period not exceeding three
months.
Pay or allowances of subordinate officers not liable to attachment
48. No pay or other allowance of a subordinate officer
shall be liable to be attached, sequestered or levied upon for or in respect
of
any debt or goods supplied to him or to any person on his behalf.
PART VII-SERVICE OUTSIDE FIJI
Neighbouring territory defined
49. For the purposes of this Part, the expression
"neighbouring territory" means any territory which the Minister may, by notice
in
the Gazette, declare to be a neighbouring territory for the purposes of this
Part:
Provided that no such notice shall be published in respect of any
territory unless and until the Minister is satisfied that satisfactory
arrangements have been or will be made for the inclusion in the law of that
territory of provisions reciprocal to those of this Part.
Power to order service outside Fiji
50. The Governor-General may, on the application of the
government of a neighbouring territory, order such number of police officers
as
he may think fit to proceed to such territory for service therein.
Effect of punishment of police officer in neighbouring territory
51. Where a police officer is punished under the law of a
neighbouring territory, or under any of the provisions of this Act applied
by
the law of such territory to a police officer whilst serving therein, for any
offence (whether against discipline or otherwise)
committed while such officer
was serving therein in pursuance of an order under section 50, he shall be
deemed for all purposes to
have been so punished in Fiji for a like offence
committed within Fiji.
Provisions as to officers of neighbouring territory serving in Fiji
52. Whenever any police officers from the police force of
a neighbouring territory are present in Fiji in response to an application
made
by the Governor-General for the purpose of assisting the Force in a temporary
emergency, the following provisions shall have
effect with regard to such
officers:-
(a) they shall be under the orders of their own officers present with them (if any), subject however to the command of the Commissioner;
(b) they shall have and may exercise the powers, and shall be liable to perform the duties, of police officers of equivalent rank in the Force, and shall for those purposes be deemed to be members of the Force;
(c) the provisions of any written law affecting the discipline, punishment or terms and conditions of service of such officers whilst serving in such neighbouring territory shall, so far as circumstances admit, be applied in Fiji as if such written law were part of the general law of Fiji:
Provided that-
(i) no such law as aforesaid shall be interpreted in its application within Fiji as conferring any power on any officer of the Force to punish any officer of the police force of the neighbouring territory for any offence against discipline;
(ii) where any such law confers on a court or magistrate of the neighbouring territory jurisdiction to try and punish any such offence as aforesaid, such jurisdiction may be exercised by a court or magistrate possessing comparable jurisdiction within Fiji;
(d) any contract of service between any such officer and the government of the neighbouring territory may be enforced in Fiji in the same manner and with the like effect as if it were made between the officer and the Government of Fiji.
(Amended by 14 of 1975, s. 17)
PART VIII-SPECIAL CONSTABULARY
Establishment
of
Special
Constabulary,
appointment
of
special
constables
and
general
powers
of Commissioner
in
respect
thereto
53.-(1) There shall continue to be established in Fiji a
Special Constabulary which shall be under the command, superintendence and
direction of the Commissioner.
(2) The members of the Special
Constabulary shall be known as special constables and shall hold such ranks as
may be assigned to them
by the Commissioner.
(3) Subject to the
provisions of this Act and to the directions of the Minister, the Commissioner
may-
(a) appoint such persons as he sees fit to be special constables;
(b) make such appointments, promotions and reductions in rank in respect of all special constables as he may see fit; and
(c) make orders for the general government of special constables in relation to their appointment, training, arms, clothing, equipment and other appointments, classification and particular services as well as their distribution and inspection, and such other orders as he may deem expedient for preventing neglect and for promoting efficiency and discipline on the part of special constables in the discharge of their duties.
(4) On appointment every special
constable shall make before the Commissioner or any gazetted officer a
declaration on oath or affirmation
in the form prescribed, and shall receive a
notice of appointment in the form prescribed.
Employment of special constables
54. Special constables may be employed with the Force
wherever it is necessary to augment the Force for the preservation of the public
peace and the prevention and detection of crime, and may be paid from public
funds at such rates as may be prescribed.
Powers, privileges and protection of special constables
55.-(1) Every special constable while on duty shall have
the same powers, privileges, including the carrying of arms, and protection,
and
shall be liable to perform the same duties as a police officer.
(2) Every
special constable shall be subordinate to the same authorities as a police
officer and to special constables of superior
rank to himself.
Offences against discipline
56. Any special constable who commits any offence against
discipline as may be prescribed under the provisions of this Act shall be
liable
to suffer punishment in accordance with section 57:
Provided
that-
(a) nothing in this connexion shall be construed to exempt any special constable from being proceeded against for any offence by any other process of law;
(b) save as is expressly provided under the provisions of this Act, no special constable shall be punished twice for the same offence.
Trial of offences against discipline
57. For the purpose of the trial of offences against
discipline the Commissioner, or any gazetted officer duly authorised by him,
shall have power to impose any of the following punishments:-
(a) reprimand;
(b) severe reprimand;
(c) reduction in rank;
(d) dismissal:
Provided that any punishment of
reduction in rank or dismissal imposed on any special constable by a gazetted
officer, other than
the Commissioner, shall not take effect until confirmed by
the Commissioner who may confirm, vary or quash the punishment so
imposed.
Commissioner to provide necessary equipment for special constables
58. It shall be lawful for the Commissioner to provide at
the public expense for the use of special constables, such arms, ammunition,
equipment, clothing and appointments as are necessary for the proper carrying
out of the duties of their office.
Termination of appointment
59.-(1) The Commissioner or any gazetted officer duly
authorised by him may terminate the appointment of any special constable whose
services are no longer required, and shall forthwith transmit notice thereof in
writing in the form prescribed to the special constable
concerned.
(2)
Every special constable who, within one week after receipt of a notice
terminating his appointment under the provisions of subsection
(1), fails to
deliver up to such person at such time and place as may be stated in such notice
as aforesaid, his notice of appointment
and all arms, ammunition, equipment,
clothing and appointments whatsoever which have been supplied to him under the
provisions of
this Act, shall be guilty of an offence and liable to a fine not
exceeding forty dollars or to imprisonment for a period not exceeding
three
months or to both such fine and imprisonment:
Provided that, at the
discretion of the Commissioner, any such special constable may, instead of
delivering up any of such articles,
make payment therefore in such amount as may
be determined by the Commissioner.
(3) A special constable may resign his
appointment at any time on giving one month's notice in writing:
Provided
that in time of war, emergency or civil commotion or during any other period
when the Commissioner considers it necessary
to use the whole or any part of the
Special Constabulary for the preservation of the public peace, a special
constable may not resign
without the permission of the Commissioner.
PART IX-MISCELLANEOUS
Regulations
60. The Minister
may make regulations relating to all or any of the following matters:-
(a) the numerical establishment of the Force and the pay, allowances, conditions of service, duties and conduct of police officers and special constables;
(b) the description and issue of arms, ammunition, equipment, clothing and other appointments to be supplied to police officers and special constables;
(c) prescribing offences against discipline punishable under the provisions of this Act;
(d) rules of procedure for the trial of offences against discipline;
(Amended by Order 10th July, 1970)
(e) the control, administration and application of the Police Rewards and Fines Fund;
(f) prescribing anything to be prescribed under the provisions of this Act; and
(g) generally for the effective administration of this Act and for the good order and government of the Force and the Special Constabulary.
Controlled by Ministry of Home Affairs
---------------------------------------------
CHAPTER
85
POLICE
SECTION 4-RANKS OF THE FIJI POLICE FORCE
Notices
19th
December
1965
[in
force
1st
January
1966],
28th
February
1968*
(Declaration by the Governor)
The Royal Fiji Police Force shall consist of the following
ranks with relative seniority in the order in which they are enumerated
as
follows:-
(a) Gazetted Officers-
(i) Commissioner of Police;
(ii) Deputy Commissioner of Police;
(iii) Senior Superintendent;
(iv) Superintendent;
(v) Deputy Superintendent;
(vi) Assistant Superintendent.
(b) Inspectorate Officers-
(i) Senior Inspector;
(ii) Inspector.
(c) Subordinate Officers-
(i) Sergeant Major;
(ii) Sergeant;
(iii) Corporal;
(iv) Constable.
__________________
SECTION 5 - SUBORDINATE OFFICERS (PERIODS OF ENLISTMENT) ORDER
Orders
4th
April
1966
[in
force
7th
April
1966],
30th
November
1966
See
Legal Notice No. 27 of 1968.
(Made
by
the
Commissioner
of
Police
with
the
approval
of
the
Governor)
1. This Order may be cited as the Subordinate Officers
(Periods of Enlistment) Order.
2. The periods of years for which
subordinate officers shall be enlisted and re-enlisted for service in the Force
shall be-
(a) in respect of all subordinate officers to whom the provisions of the Pensions and Gratuities (Disciplined Services) Act apply-
(Cap. 78.)
(Amended by Order 30th November 1966.)
(i) on first enlistment-at the option of such officer to be exercised on enlistment or, in the case of a subordinate officer enlisted prior to the commencement of that Act, within twelve months after that date - five, ten or fifteen years;
PART
MISSING
(3) The first elections to the central committee shall be
held within three months of the commencement of this Order, and thereafter
elections shall be held biennially on the anniversary of the first elections or
as close thereto as may be, in the opinion of the
central committee,
expedient.
(4) The central committee shall hold an annual meeting within
three months of the first elections to the central committee and annually
thereafter on the anniversary of the first annual meeting or as closely thereto
as may be, in the opinion of the central committee,
expedient.
(5) At
each meeting held in terms of paragraph (4) the central committee shall elect
from its members a chairman and a secretary.
(6) In addition to the
meeting referred to in paragraph (4) the central committee may hold one
additional meeting in each year, but
further meetings may be held for special
purposes with the approval of the Commissioner.
(7) No meeting held in
terms of paragraphs (4) or (6) shall last longer than one day.
Election of members of central committee
5.-(1) All elections of members of the central committee
shall be by secret ballot and the following provisions shall apply in respect
thereof:-
(a) every person attending at the place of voting shall maintain the secrecy of the voting at that place and shall not communicate to any person, except for some purpose authorised by law, any information as to the name or other identification of any voter whether that voter has applied for a ballot paper or voted or not;
(b) no person shall interfere with a voter when marking his vote, or attempt to obtain, at the place of voting, information as to the candidate for whom any voter at that place has voted or is about to vote, or communicate at any time to any person any information obtained at the place of voting as to the candidate for whom any voter at that place has voted or is about to vote;
(c) every person in attendance at the counting of votes shall maintain the secrecy of the voting and shall not communicate any information obtained at the counting as to the candidate for whom any vote is given in any ballot paper;
(d) no person shall induce any voter to display his ballot paper after he has marked it so as to show the name of the candidate for or against whom he has voted;
(e) any person who contravenes any provision of this paragraph shall be guilty of an offence and liable to a fine of $20.00.
(2) Every member of the Association
shall have a right to vote at the election of members of the central committee
and may give one
vote for each candidate of his choice but the total number of
votes he may cast shall not exceed the number of candidates to be elected
at
that election.
(3) Subject to the provisions of this Order the central
committee may determine the procedure for the election of members thereto
and
for the filling of casual vacancies thereon, but the first elections held under
the provisions of paragraph (3) of regulation
4 shall be held in accordance with
a procedure determined by the Commissioner.
Proceedings at meetings and quorum
6.-(1) The chairman, at any meeting of the central
committee, shall have a casting vote and a deliberative vote.
(2) The
quorum of a meeting of the central committee shall be a majority of the members
thereof.
(3) Subject to the provisions of this Order, the central
committee may regulate its own procedure and shall have the power to appoint
subcommittees.
(4) The secretary of the central committee shall keep
minutes of all the meetings thereof and shall, within thirty days of any
meeting,
forward two copies of those minutes to the Commissioner and one copy
thereof to each member of that committee.
Representations by central committee
7. The central committee may, at any time, submit
representations in writing to the Commissioner and, through the Commissioner, to
the Minister, and shall consider and report upon any matters referred to it by
the Commissioner or, through the Commissioner, by
the Minister and all such
communications shall be made in accordance with the standing orders of the
Force.
Facilities for meetings
8. Except where a member of the Association is required
for duty for which no substitute is available, permission shall be given for
his
attendance at all meetings held under the provisions of this Order and every
such attendance shall be deemed to be an occasion
of duty.
Suspension of central committee
9.-(1) The Commissioner, with the prior approval of the
Minister may, at any time, suspend the central committee if he considers that
it
is in the interest of the Force to do so.
(2) When the central committee
is suspended in terms of paragraph (1) any subcommittee thereof shall be
suspended also.
_____________________
SECTION
45-POLICE (INSPECTORATE
OFFICERS')
ASSOCIATION
ORDER
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Short title
2. Interpretation
3.
Establishment of Association
4. Membership of Association
5. Central
committee
6. Constitution of central committee
7. Election of members of
central committee
8. Procedure at meetings and quorum
9. Representations
by central committee
10. Facilities for meetings
11. Suspension of central
committee
----------------------------
Orders
26th
January
1966
[in
force
28th
January
1966],
7th
October
1970*, 31st
August
1972t
*
See Legal Notice No. 112 of 1970.
t
See Legal Notice No. 87 of 1972.
(Made by the Governor and the Minister)
Short title
1. This Order may be cited as the Police (Inspectorate
Officers') Association Order.
Interpretation
2. In this Order, unless the context otherwise
requires-
"Association" means the Police (Inspectorate Officers') Association established by the provisions of this Order;
"central committee" means the central committee established under the provisions of paragraph 5.
Establishment of Association
3. There is hereby established an association to be known
as the Police (Inspectorate Officers') Association, the objects of which
shall
be to enable inspectorate officers of the Force to bring to the notice of
Government any matter affecting their welfare and
efficiency, other than
questions of discipline or promotion.
Membership of Association
4. All inspectorate officers of the Force shall be members
of the Association.
Central committee
5. There shall be established a central committee through
which committee the Association shall act.
Constitution of central committee
6.-(1) The central committee shall consist of five members
of the Association to be elected in the manner hereinafter provided by
members
of the Association at elections to be held in the month of November in each
second year, the first such election to be held
in the month of November,
1972.
(Substituted
by
Order
31st
August 1972.)
(2) The
central committee shall hold in each year, an annual meeting on a day, not later
than 31st January, to be fixed by the Commissioner.
(3) At each annual
meeting the central committee shall elect from among its members a chairman and
a secretary.
(4) The central committee may hold not more than two
meetings in each year, including the annual meeting, each lasting not more than
one day:
Provided that additional meetings may be held for special
purposes with the consent of the Commissioner.
Election of members of central committee
7.-(1) All elections of members of the central committee
shall be by secret ballot and the following provisions shall apply in respect
thereof:-
(a) every person in attendance at the polling station or other place of voting shall maintain and aid in maintaining the secrecy of the voting in such station or place and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person, any information as to the name or other means of identification of any voter, whether such voter has applied for a ballot paper or voted at that station or place or not;
(b) no person whatsoever shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain, in the polling station or other place of voting, information as to the candidate for whom any voter in such station or place has voted or is about to vote, or communicate at any time to any person any information obtained in the polling station or other place of voting as to the candidate for whom any voter in such station or place has voted or is about to vote;
(c) every person in attendance at the counting of votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper;
(d) no person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to be made known to any person the name of the candidate for or against whom he has so marked his vote; and
(e) any person who acts in contravention of any of the foregoing provisions of this paragraph shall be guilty of an offence and liable to a fine not exceeding $20.
(2) Every member of the Association shall
have a right to vote at the election of members of the central committee, and
may give one
vote and no more for each of the number of candidates to be
elected.
(3) Subject to the provisions of this Order, the central
committee may make regulations as to the mode of election of the members
thereof
and as to the filling of casual vacancies occurring among such members.
Procedure at meetings and quorum
8.-(1) The chairman, at any meeting of the central
committee shall have a casting, as well as a deliberative, vote. The quorum of
a
meeting of the central committee shall be
three.
(Amended
by
Order
31st
August
1972*.)
*
See Legal Notice No. 87 of
1972.
(2) Subject to the provisions of this Order, the central committee
may regulate its own procedure, including the appointment of committees
and
subcommittees.
(3) The secretary of the central committee shall keep
minutes of the meetings of the committee and shall within thirty days after
the
end of any such meeting forward two copies of the minutes thereof to the
Commissioner and one copy of such minutes to each member
of the
committee.
Representations by central committee
9. The central committee may at any time submit
representations in writing to the Commissioner and, through the Commissioner, to
the
Minister and shall consider and report upon any matters referred to it by
the Commissioner or by the Minister through the Commissioner:
Provided
that all such representations and reports shall be submitted to the Commissioner
by the normal Force channels of correspondence
and in conformity with the
provisions of any regulations or orders for the time being in force in relation
thereto.
(Amended
by
Order
7th
October
1970*.)
Facilities for meetings
10. Except where, in special circumstances, an
inspectorate officer is required for duty for which no substitute is available,
leave
shall be given for attendance at all meetings duly held under the
provisions of this Order and every such attendance shall, as regards
allowances
and expenses, be deemed an occasion of duty.
Suspension of central committee
11.-(1) The Commissioner, with the prior approval of the
Minister, may at any time suspend a central committee if he considers that
the
interests of the Force require that such committee shall forthwith cease to
function.
(Amended
by
Order 7th
October
1970*.)
*
See Legal Notice No. 112 of
1972
(2) The suspension of a central committee shall include the
suspension of any committee or subcommittee appointed by such central
committee.
_____________
SECTION
45-POLICE (SUBORDINATE
OFFICERS')
ASSOCIATION
ORDER
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Short title
2. Interpretation
3.
Establishment of Association
4. Membership of Association
5. Central
committee
6. Constitution of central committee
7. Election of members of
central committee
8. Procedure at meetings and quorum
9. Representations
by central committee
10. Facilities for meetings
11. Suspension of central
committee
---------------------------------------
Orders
21st
January
1966
[in
force
28th
January
1966],
7th
October
1970*,
31st
August
1972t,
13th
December
1982t
*
See Legal Notice No. 112 of 1970.
+
See Legal Notice No. 86 of
1972.
t
See Legal Notice No. 141 of
1982.
(Made by the Governor and the Minister)
Short title
1. This Order may be cited as the Police (Subordinate
Officers') Association Order.
2. In this Order, unless the context
otherwise requires-
"Association" means the Police (Subordinate Officers') Association established by the provisions of this Order;
"central committee" means the central committee established under the provisions of paragraph 5.
Establishment of Association
3. There is hereby established an association to be known
as the Police (Subordinate Officers') Association, the objects of which
shall be
to enable subordinate officers of the Force to bring to the notice of Government
any matter affecting their welfare and
efficiency, other than questions of
discipline or promotion.
Membership of Association
4. All subordinate officers of the Force shall be members
of the Association.
Central committee
5. There shall be established a central committee through
which committee the Association shall act.
Constitution of central committee
6.-(1) The central committee shall consist of the
following members of the Association:-
(a) seven to be elected from their number by members of the Association in all formations in the Southern Division, at least one of whom shall be of the rank of police constable;
(b) four to be elected from their number by members of the Association in the Western Division, at least one of whom shall be of the rank of police constable; and
(c) two to be elected from their number by members of the Association in the Northern Division, at least one of whom shall be of the rank of police constable; and
(d) two to be elected from their number by members of the Association in the Eastern Division, at least one of whom shall be of the rank of police constable.
(Inserted by Order 13 December 1982t.)
Such
elections to be held in the manner hereinafter provided in the month of November
in each second year, the first such election
to be held in the month of
November, 1972.
(Substituted
by
Order
31st
August
1972*.)
(2) The central
committee shall hold in each year, an annual meeting on a day, not later than
31st January, to be fixed by the Commissioner.
(3) At each annual meeting
the central committee shall elect from among its members a chairman and a
secretary.
(4) The central committee may hold not more than two meetings
in each year, including the annual meeting, each lasting not more than
one
day:
Provided that additional meetings may be held for special purposes
with the consent of the Commissioner.
Election of members of central committee
7.-(1) All elections of members of the central committee
shall be by secret ballot and the following provisions shall apply in respect
thereof:-
(a) every person in attendance at the polling station or other place of voting shall maintain and aid in maintaining the secrecy of the voting in such station or place and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person, any information as to the name or other means of identification of any voter, whether such voter has applied for a ballot paper or voted at that station or place or not;
(b) no person whatsoever shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain, in the polling station or other place of voting, information as to the candidate for whom any voter in such station or place has voted or is about to vote, or communicate at any time to any person any information obtained in the polling station or other place of voting as to the candidate for whom any voter in such station or place has voted or is about to vote;
(c) every person in attendance at the counting of votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper;
(d) no person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to be made known to any person the name of the candidate for or against whom he has so marked his vote; and
(e) any person who acts in contravention of any of the foregoing provisions of this paragraph shall be guilty of an offence and liable to a fine not exceeding $20.
(2) Every member of the Association in
any Division or Divisions shall have a right to vote at the election of members
of the central
committee to be elected by the members of the Association in such
Division or Divisions, and may give one vote and no more for each
of any number
of candidates not exceeding the number to be elected by the members of the
Association in such Division or Divisions.
*
See Legal Notice No. 86 of
1972.
(3) Subject to the provisions of this Order, the central committee
may make regulations as to the mode of election of the members
thereof and as to
the filling of casual vacancies occurring among such members.
Procedure at meetings and quorum
8.-(1) The chairman, at any meeting of the central
committee shall have a casting, as well as a deliberative, vote. The quorum of
a
meeting of the central committee shall be
three.
(Amended
by
Order
31st
August
1972*.)
(2) Subject to the
provisions of this Order, the central committee may regulate its own procedure,
including the appointment of committees
and subcommittees.
(3) The
secretary of the central committee shall keep minutes of the meetings of the
committee and shall within thirty days after
the end of any such meeting forward
two copies of the minutes thereof to the Commissioner and one copy of such
minutes to each member
of the committee.
Representations by central committee
9. The central committee may at any time submit
representations in writing to the Commissioner and, through the Commissioner, to
the
Minister and shall consider and report upon any matters referred to it by
the Commissioner or by the Minister through the Commissioner:
Provided
that all such representations and reports shall be submitted to the Commissioner
by the normal Force channels of correspondence
and in conformity with the
provisions of any regulations or orders for the time being in force in relation
thereto.
(Amended
by
Order
7th
October
1970t.)
Facilities for meetings
10. Except where, in special circumstances, a subordinate
officer is required for duty for which no substitute is available, leave
shall
be given for attendance at all meetings duly held under the provisions of this
Order and every such attendance shall, as regards
allowances and expenses, be
deemed an occasion of duty.
Suspension of central committee
11.-(1) The Commissioner, with the prior approval of the
Minister, may at any time suspend a central committee if he considers that
the
interests of the Force require that such committee shall forthwith cease to
function.
(Amended
by
Order 7th
October
1970f.)
(2) The suspension of a
central committee shall include the suspension of any committee or subcommittee
appointed by such central
committee.
*
See Legal Notice No. 86 of 1972.
+
See Legal Notice No. 112 of
1970.
__________________________
SECTION 60-POLICE REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I-PRELIMINARY
REGULATION
1. Short title
PART II-APPOINTMENT
2. Declaration on enlistment
3. Medical
examination
4. Bar on enlistment
PART III-PAY AND ALLOWANCES
5. Pay
6. Increments
7. Subsistence allowances and
passages
8. Monthly allowance
9. Extra duty allowance
10. Transfer
allowances
11. Quarters
PART IV-DISCIPLINE
12. Offences against discipline
13. Procedure at trials
for offences against discipline
PART V-SPECIAL CONSTABULARY
14. Declaration on appointment
15. Pay and
allowances
16. Special constables not to engage as such in private
employment
17. Termination of appointment
PART VI-GENERAL
18. Communications, complaints, grievances and
petitions
19. Prohibition on taking part in professional sport
20. Issue
of arms, equipment, etc.
First Schedule - Declaration on Appointment of Inspectorate or Subordinate Officer
Second Schedule - Rates of Subsistence Allowance
Third Schedule - Monthly Allowances
Fourth Schedule - Rates of Transfer Allowances
Fifth Schedule - Declaration on Appointment of Special Constable
Sixth Schedule - Notice of Appointment of Special Constable
Seventh Schedule - Rates of Pay for Special Constables
Eighth Schedule - Notice Terminating Appointment of Special Constable
Ninth Schedule - Annual Extra Duty Allowances
-----------------------------------------
Regulations
30th
December
1965
[in
force
1st
January
1966],
16th
March
1966,
16th
September
1966,
Regulations*
30th
November
1967, 17th
April
1968,
15th
January
1969,
Orders
t 10th
July
1970,
7th
October
1970,
Regulations
t 14th
July
1970,
26th
August
1971, 24th
January
1972,
28th
June
1972,
2nd
November
1972,
28th
March
1973,
26th
April
1977,
8th
June
1977,
8th
August
1977,
26th
September
1977,
9th
December
1977,
2nd
July
1979, 22nd
November
1979,
11th
December
1979,
18th
June
1980,
12th
September
1980,
2nd
July 1981,
29th
October
1981,
15th
January
1982,
13th
December
1982
*
See Legal Notices Nos. 99 of 1967, 54
of 1968, 16 of 1969.
+ See Legal
Notices Nos. 71 of 1970, 112 of
1970.
t
See Legal Notices Nos. 79 of 1970, 114
of 1971, 17 of 1972,
51 of 1972, 126 of 1972, 29 of 1973, 50 of 1977, 89 of
1977,
110 of 1977, 158 of 1977, 197 of 1977, 122 of 1979,
211 of 1979, 11
of 1980, 152 of 1980, 69 of 1981,
110 of 1981, 6 of 1982, 132 of
1982.
§ See Legal Notice No.
112 of 1970.
II See Legal Notice
No. 89 of 1977.
(Made by the Governor and the Minister)
PART I-PRELIMINARY
Short title
1. These Regulations may be cited as the Police
Regulations.
PART II-APPOINTMENT
Declaration on enlistment
2. Every inspectorate and subordinate officer shall, on
joining the Force, make before a gazetted officer a declaration on oath or
affirmation in the form set out in the First Schedule.
Medical examination
3. Prior to enlistment or re-enlistment for any period,
every subordinate officer shall be passed medically fit by a Government medical
officer on such medical examination as the Commissioner may direct.
Bar on enlistment
4. No subordinate officer shall be enlisted or re-enlisted
for further service in the Force after he has attained the age of 55
years.
PART III-PAY AND ALLOWANCES
Pay
5. The pay of all inspectorate and subordinate officers
shall be as set forth in the approved annual estimates of Fiji and shall be
paid
at such intervals being not greater than one month as the Commissioner with the
approval of the Minister may
direct.
(Amended
by
Order
7th
October
1970S.)
Increments
6. The procedure for the granting of annual increments of
pay to inspectorate and subordinate officers shall be in accordance with
the
directions of the Commissioner.
(Substituted
by
Regulations
8th
June
1977
\\)
Subsistence allowances and passages
7.-(1) The rates of subsistence allowances to be paid, in
the circumstances specified in General Orders, to inspectorate and subordinate
officers travelling on duty shall be in accordance with those specified in the
Second Schedule.
(2) All police officers travelling on inter-island
vessels either on duty or on transfer within Fiji shall be eligible for saloon
passages.
Monthly allowances
8. The rates of monthly allowances payable to inspectorate
and subordinate officers at the discretion of the Commissioner shall be
in
accordance with those specified in the Third Schedule.
Extra duty allowance
9. The rates of annual extra duty allowance payable to
inspectorate and subordinate officers at the discretion of the Commissioner
shall be in accordance with those specified in the Ninth
Schedule:
Provided that, for the purpose of calculating such allowances,
any period during which any such officer is undergoing basic recruit
training
shall be excluded.
Transfer allowances
10. The rates of transfer allowances payable, in the
circumstances specified in General Orders, to inspectorate and subordinate
officers
shall be in accordance with those specified in the Fourth
Schedule.
(Inserted
by
Regulations
18th
June
1980*.)
Quarters
11.-(1) Inspectorate officers who occupy Government or
police quarters shall pay rent at the rate of 10 per cent of their salaries
for
furnished quarters and at the rate of 5 per cent of their salaries for
unfurnished quarters and any inspectorate officer who
is not provided with such
quarters shall receive a lodging allowance of $50.00 per
month.
(Substituted
by
Regulations
9th
December
1977f
and
amended
by Regulations
22nd
November
1979f.)
(2) Subordinate
officers allocated Government or police quarters shall not pay rent, electricity
charges, water charges or sanitation
fees and shall be supplied with free light
and fuel; and if no such quarters are available for them such allowances as may
from time
to time be fixed by the Commissioner with the approval of the Minister
shall be paid to them.
(Amended
by
Order
7th
October
1970t.)
(3) Notwithstanding
paragraphs (1) and (2), where a husband and wife are police officers and are
residing together, then-
(a) if both of them are inspectorate officers-
(i) any rent which would otherwise be payable by them under and in accordance with paragraph (1) shall be calculated solely as a percentage of whichever of their respective salaries is the greater and shall be payable by each of them pro rata the amount of his or her salary;
(ii) each of them shall be entitled to one-half of any allowance to which they would be entitled under paragraph (1) but for this paragraph;
(b) if one of them is an inspectorate officer and the other is a subordinate officer, paragraph (2) shall not apply to the subordinate officer; and
(c) if both of them are subordinate officers, each of them shall be entitled to one-half of any allowance to which they would be entitled under paragraph (2) but for this paragraph.
(Inserted by Regulations 15th January 1982*.)
See
Legal Notice No. 116 of 1980.
+ See
Legal Notice No. 197 of 1977.
f
See Legal Notice No. 211 of
1979.
PART IV-DISCIPLINE
Offences against discipline
12. Any inspectorate or subordinate officer who commits
any of the following offences:-
(1) uses traitorous or disloyal words regarding the Sovereign;
(2) is disrespectful in word, act or demeanour to any of his superior officers;
(3) wilfully disobeys any lawful order;
(4) is guilty of drunkenness;
(5) drinks intoxicating liquor whilst on duty for which he has been detailed;
(6) parades for duty for which he has been detailed, under the influence of liquor;
(7) absents himself without leave;
(8) sleeps at his post or leaves it without authority before being regularly relieved, except in fresh pursuit of any person whom it is his duty to apprehend;
(9) being under arrest or confinement, leaves or escapes from arrest or confinement before he is set at liberty by proper authority;
(10) neglects or without reasonable excuse refuses to assist in the apprehension of any person whom it is his duty to apprehend, when lawfully ordered to assist;
(11) negligently allows any prisoner who is committed to his charge or whom it is his duty to keep or guard, to escape;
(12) offers or uses unwarranted violence to or ill treats any person in his custody;
(13) is guilty of cowardice;
(14) discharges any arms without just cause or orders;
(15) without reasonable cause fails to present himself at any parade or for any duty at the time appointed by his superior officer;
(16) pawns, sells, loses by neglect, makes away with, wilfully or by neglect damages, or fails to report any damage to, any arms, ammunition, equipment, clothing or other appointment supplied to him or any other public property committed to his charge;
(17) without due authority parades for or attends any duty out of uniform or dirty or untidy in his person, arms, clothing or equipment;
(18) is slovenly, inattentive, uncivil or quarrelsome;
(19) without due authority discloses or conveys any information concerning any investigation or other police matter;
(20) malingers, feigns or wilfully produces any disease or infirmity;
* See Legal Notice No. 5 of 1982.
(21) is guilty of wilful misconduct or wilfully disobeys, whether in hospital or otherwise, any orders, by means of which misconduct or disobedience he produces or aggravates any disease or infirmity or delays its cure;
(22) incurs debt beyond his means;
(23) resists or escapes from an escort whose duty it is to bring him or have him in charge;
(24) makes any false statement upon joining the Force;
(25) refuses or, by culpable neglect, omits to make, sign or send any report or return which it is his duty to make, sign or send;
(26) knowingly makes any false accusation against any other police officer or any other person;
(27) in making any complaint against any other police officer or any other person, makes a false statement affecting the character of such police officer or other person, knowing such statement to be false, or knowingly and wilfully suppresses any material facts;
(28) omits to make any entry in any official document, book or paper which he is required to make in the execution of his duty;
(29) makes or signs any false report or statement in any official record or document knowing or having reasonable grounds to believe that the same is false;
(30) engages in any employment or office other than in accordance with his duties as a police officer;
(31) takes any active part in any political organization or electoral campaign or engages in any other activity which is likely to interfere with the impartial discharge of his duties as a police officer;
(32) takes part in any professional sport;
(33) becomes security for any person, or engages in any loan transaction with any person, without the permission in writing of the Commissioner;
(34) if called upon by any gazetted officer to furnish a full and true statement of his financial position, fails to do so;
(35) in any way obstructs the duties of any other police officer;
(36) is disobedient of, or negligent in carrying out, any other of the provisions of the Act or of these Regulations, not herein expressly mentioned, or any lawful order of any superior officer in the Force; or
(37) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline,
shall be guilty
of an offence against discipline for the purposes of section 30 of the
Act.
Procedure at trials for offences against discipline
13. The following procedure shall apply to all proceedings
heard by any tribunal under the provisions of section 32 of the Act:-
(i) the officer charged with an offence against discipline (hereinafter referred to as "the accused") shall be supplied with a copy of the charge prior to the hearing;
(ii) no documentary evidence shall be used in any such proceedings unless the accused has been given access thereto prior to the hearing;
(iii) the evidence of any witness taken during the course of the proceedings shall be recorded in the presence of the accused;
(iv) the evidence given at the proceedings need not be taken down in full, but the substance and material points thereof must be recorded in writing and read over to the accused;
(v) the accused shall have the right to cross-examine each witness giving evidence against him and after each such witness has given evidence he shall be asked if he desires to cross-examine such witness;
(vi) the accused shall be asked if he desires to give evidence in his own defence and to call witnesses and, if he does so desire, shall be given a reasonable opportunity to do so;
(vii) the tribunal may, in its discretion, allow the accused to be assisted by a friend, being a gazetted officer, and, when such permission is given, his defence may be conducted by such friend.
(Amended by Order 10th July 1970*.)
PART V-SPECIAL CONSTABULARY
Declaration on appointment
14. Every special constable shall, on appointment as such,
make before the Commissioner or any gazetted officer a declaration on oath
or
affirmation in the form set out in the Fifth Schedule and shall receive a notice
of appointment in the form set out in the Sixth
Schedule.
(Amended
by
Regulations
16th
September
1966.)
Pay and allowances
15.-(1) Special constables shall be paid at the rates
specified in the Seventh Schedule in respect of each day during which they have
been on duty (including training).
(2) Except as expressly provided in
paragraph (1), a special constable shall not be entitled to any remuneration in
respect of his
services as such.
(3) A special constable may, in the
discretion of the Commissioner, be granted travelling and subsistence allowances
at the same rates
as are applicable to a police officer of the nearest
equivalent rank to that of such special constable.
Special constables not to engage as such in private employment
16. No special constable shall allow himself, in his
capacity as a special constable, to be employed by any private person.
Termination of appointment
17. Notice of termination of the appointment of a special
constable shall be in the form set out in the Eighth
Schedule.
(Inserted
by
Regulations
16th
March
1966.)
PART VII-GENERAL
Communications, complaints, grievances and petitions
18.-(1) Subject to the provisions of paragraph (2), every
inspectorate and subordinate officer and every special constable shall be
entitled to make any complaint or application, either orally or in writing, to
his superior officer who shall, on the request of
the officer or special
constable making such complaint or application, forward the same to the
Commissioner without delay.
* See
Legal Notice No. 71 of 1970.
(2) No inspectorate or subordinate officer
or any special constable shall-
(a) together with any other such officer or special constable, prepare or initially sign any complaint, petition or statement of grievances in relation to any matter concerning the Force;
(b) petition the Governor-General or Minister in relation to any complaint or grievance unless such complaint or grievance has been previously communicated in writing through his superior officer to the Commissioner and the reply of the Commissioner relating to such complaint or grievance has been communicated to the officer or special constable making the same; or
(Amended by Order 7th October 1970*.)
(c) put forward any anonymous communication whatsoever to any officer in the Force or the Special Constabulary.
Prohibition on taking part in professional sport
19. No police officer shall take part in any professional
sport.
Issue of arms, equipment, etc.
20.-(1) Police officers and special constables shall be
issued with such arms, ammunition, equipment, clothing and appointments as
may
from time to time be determined by the Commissioner.
(2) Subject to the
provisions of sections 15 and 59 of the Act, all arms, ammunition, equipment,
clothing and other appointments whatsoever
supplied to any police officer or
special constable or for use by him, under the provisions of this regulation
shall remain the property
of the Government.
(3) Arms, ammunition,
equipment, clothing and other appointments and stores issued to any police
officer or special constable shall
be used for police purposes only.
FIRST
SCHEDULE
(Regulation
2)
(Amended
by
Order
7th
October
1970*.)
DECLARATION
ON APPOINTMENT OF INSPECTORATE
OR
SUBORDINATE OFFICER
I, do solemnly and sincerely declare that I will be
faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her
Heirs and Successors, and that I will faithfully serve Her and Her Heirs and
Successors during my service in the Royal Fiji Police
Force and will obey all
orders of the Governor-General and of the officers placed over me and will
subject myself to all Acts, Orders
and Regulations relating to the Royal Fiji
Police Force now in force or which may from time to time be
enforced.
Signature of Police Officer:
Sworn (or affirmed) at this
day of 19 .
Before
me:
(Signature
of
Commissioner
or
gazetted
officer)
*
See Legal Notice No. 112 of
1970.
______________
SECOND
SCHEDULE
(Regulation
7
(1))
(Substituted
by
Regulations
18th
June
1980*.)
RATES OF SUBSISTENCE ALLOWANCE
Inspectorate and subordinate officers (per day)............................. $8.00
_______________
THIRD
SCHEDULE
(Regulation
8)
(Amended
by
Regulations
15th
January
1969,
26th
August
1971,
2nd
July
1979
22nd
November
1979,
11th
December
1979.)
MONTHLY ALLOWANCES
FOURTH
SCHEDULE
(Regulation
10)
(Substituted
by
Regulations
18th
June
1980*.)
RATES OF TRANSFER
ALLOWANCES
Inspectorate and Subordinate officers
(Married)............. $150.00
Inspectorate and Subordinate officers
(Single)................ $ 80.00
*
See Legal Notice No. 116 of 1980.
+
See Legal Notices Nos. 16 of 1969, 114
of 1971, 122 of 1979, 211 of 1979, 11 of 1980
________________________
FIFTH
SCHEDULE
(Regulation
14)
(Amended
by
Order
7th
October
1970*.)
DECLARATION ON APPOINTMENT OF SPECIAL CONSTABLE
I, do solemnly and sincerely declare that I will be
faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her
Heirs and Successors, and that I will faithfully serve Her and Her Heirs and
Successors, during my service in the Special Constabulary
and will obey all
orders of the Governor-General and of the officers placed over me and will
subject myself to all Acts, Orders and
Regulations relating to the Special
Constabulary now in force or which may from time to time be
enforced.
Signature of Special Constable:
Sworn (or affirmed) at
this day of , 19
Before
me:
(Signature
of
Commissioner
or
gazetted
officer)
___________________________
SIXTH
SCHEDULE
(Regulation
14)
(Inserted
by
Regulations
16th
September
1966.)
NOTICE OF APPOINTMENT OF SPECIAL CONSTABLE
To..............................................................
of..............................................................
Take Notice
that in exercise of the powers conferred by section
53 of the Police Act, you are hereby
appointed to be a special constable with effect from the day of , 19
.
Dated this day of ,
19
(Signature
of
Commissioner
of
Police
or
of
gazetted
officer
duly
authorised
by
him)
*
See Legal Notice No. 112 of
1970.
_________________
SEVENTH
SCHEDULE
(Regulation
15(1))
(Substituted
by
Regulations
13th
December
1982*.)
RATES OF PAY FOR SPECIAL CONSTABLES
Rank
Senior
Inspector
Inspector
Sergeant
Major
Sergeant
Corporal
Constable
Rate
per
hour
$3.05
$2.54
$2.51
$2.07
$1.79
$1.34
_______________________
EIGHTH
SCHEDULE
(Regulation
17)
NOTICE
TERMINATING APPOINTMENT OF
SPECIAL
CONSTABLE
To
....................................................................................of........................................
Take
Notice that, in exercise of the powers conferred by subsection (1) of section 59
of the Police Act, your appointment as a special constable made on
the......................day of...... 19........... is hereby terminated with
effect
from the............................day of.............................
19..........
AND THAT you are hereby required to deliver up your letter
of appointment and all arms, ammunition, equipment, clothing and appointments
whatsoever which have been supplied to you under the provisions of the Police
Act, to the officer in charge of the nearest police station within one week of
the date of service of this notice upon you.
Dated at this day of
, 19
(Signature
of
Commissioner
of
Police
or
of
gazetted
officer
duly
authorised
by
him)
*
See Legal Notice No. 132 of
1982.
_________________
Interpretation
1. In these Regulations, unless the context otherwise
requires-
"salary" means basic salary;
"tour" means the period of resident service of 3 years commencing on the appointment of an officer or after the expiry of a grant to him of vacation leave.
Inspectorate Officers' leave and leave allowances
3. Senior Inspectors and Inspectors shall be entitled to
leave and leave allowances on the following conditions:-
(1) Annual Leave-16 days' leave with full salary for each period of 12 months' service provided that only 2 such periods of annual leave may be granted during a tour. Annual leave cannot be accumulated. The date or dates when such annual leave is taken is or are at the discretion of the Commissioner and subject to the exigencies of the service.
(2) Vacation Leave-56 consecutive days' leave with full salary on completion of each tour, including any service as a Subordinate Officer during that tour.
(3) Long Service Leave-
On completion of 12 years' continuous service, 30 days
On completion of 15 years' continuous service, 42 days
On completion of 20 years' continuous service, 56 days
On completion of 25 years' continuous service, 84 days
On completion of 30 years' continuous service, 112 days
(4) Leave Allowance-Leave allowance shall be payable as follows:-
(a) $200 which shall be paid 7 days before long service leave is taken;
(b) $100 for every tour after an officer becomes entitled to long service leave (whether he takes such long service leave or not), or, if leave allowance has been received by an officer under regulation 4 (4) (a), then after every tour of service as an Inspectorate Officer. This allowance is payable 7 days before the end of the tour.
(Amended by Regulations 28th July 1977*.)
Subordinate Officers' leave and leave allowances
4. Subordinate Officers shall be entitled to leave and
leave allowances on the following conditions:-
(1) Annual Leave-16 days' leave with full salary for each period of 12 months' service provided that only 2 such periods of annual leave may be granted during a tour. Annual leave cannot be accumulated. The date or dates when such annual leave is taken is or are at the discretion of the Commissioner and subject to the exigencies of the service.
(2) Vacation Leave-42 consecutive days' leave with full salary on completion of each tour.
(3) Long Service Leave-
On completion of 12 years' continuous service, 30 days
On completion of 15 years' continuous service, 42 days
On completion of 20 years' continuous service, 56 days
On completion of 25 years' continuous service, 84 days
On completion of 30 years' continuous service, 112 days.
(4) Leave Allowance-Leave Allowance shall be payable as follows:-
(a) $150 which shall be paid 7 days before long service leave is taken;
(b) $50 for every tour after an officer becomes entitled to long service leave (whether he takes such long service leave or not) payable 7 days before the end of the tour.
(Amended by Regulations 28th July 1977*.)
* See Legal Notice No. 105 of 1977.
Leave before completing minimum tour
5.-(1) Inspectorate and Subordinate Officers may be
granted vacation leave before completion of a minimum tour of service in the
following
circumstances:-
(a) on the grounds of urgent private affairs;
(b) if required by the Commissioner to take leave;
(c) if called upon to retire;
(d) before retirement at an officer's own request,
and the period of such leave
shall be calculated on a pro
rata basis in relation to the number
of months' service completed during the tour.
(2) In the case of
retirement from the Force, whether at the officer's own request or at the
instigation of Government, an Inspectorate
or Subordinate Officer shall be
granted the vacation leave earned by him during the tour in which he
retires.
(2A) An officer granted vacation leave in any of the
circumstances specified in paragraph (1) or paragraph (2) shall, in addition,
be
granted any annual leave then due to him, calculated on a
pro
rata
basis.
(Inserted
by
Regulations
27th
May
1981.)
(3) In the case of
retirement from the Force, whether at the officer's own request or at the
instigation of Government, an Inspectorate
or Subordinate Officer shall be
granted leave allowance as follows:-
Number of months' service in the tour
36 months
x Leave Allowance
Provided that if the officer
has completed 20 years' service and not less than half the tour, he shall be
granted the full amount
of leave allowance.
Unexpired leave to be carried forward
6. An Inspectorate or Subordinate Officer who is required
to resume duty before the expiry of his leave shall carry forward the balance
of
his leave to his next tour; any such leave carried forward shall be taken at the
end of the next tour. No compensation shall be
payable to the officer.
*
See Legal Notice No. 105 of 1977.
t
See Legal Notice No. 58 of
1982.
Extensions of leave
7.-(1) An Inspectorate or Subordinate Officer while on
leave may be granted by the Commissioner extension of leave-
(a) on full salary on the grounds of ill-health in accordance with regulation 10;
(b) on the grounds of public interest which, unless otherwise directed, shall be on full salary.
(2) Extensions of leave granted on any
grounds other than those set out in this regulation or in regulation 10 shall be
without salary
unless decided otherwise by the Commissioner.
Leave may be spent outside Fiji
8. Leave granted to Inspectorate and Subordinate Officers
may be spent outside Fiji provided that permission has been granted by the
Commissioner.
Compassionate leave
9.-(1) The Commissioner may grant an Inspectorate or
Subordinate Officer compassionate leave not exceeding 3 days in total during
any
12 month period.
(2) Any leave granted to an officer under paragraph (1)
shall be in addition to any other leave to which he may be entitled under
these
Regulations.
(Substituted
by
Regulations
6th
October
1982*.)
Sick leave
10.-(1) The Commissioner may, on the recommendation of a
Government Medical Officer, at any time grant up to 3 months' sick leave
in any
period of 12 months to any Inspectorate or Subordinate Officer. Such sick leave
shall be on full pay, unless necessitated
by the officer's own indiscretion or
negligence in which case such leave may be without salary or on such reduced
salary as may be
decided by the Commissioner.
(2) If at the expiration of
3 months' sick leave any Inspectorate or Subordinate Officer is still unfit for
service, the Commissioner
may grant such officer any vacation leave he has
earned and if at the expiration of such vacation leave the officer is then
certified
by a Medical Board to be unfit for duty this latter period of vacation
leave may be extended by a further period of 180 days which,
subject to the
provisions of paragraph (1), shall be on full salary. Where there is any reason
to believe that the officer will ultimately
be fit for duty, this period may be
further extended by an additional 180 days which, subject as aforesaid, shall be
on half salary.
Study leave
11. Study leave may be granted by the Commissioner to an
Inspectorate or Subordinate Officer in accordance with Government Leave
Regulations.
* See Legal Notice No.
58 of 1982.
____________________________
FIJI POLICE MEDAL REGULATIONS
Regulations 28th July 1972*
(Made by the Governor-General under Royal Warrant dated 16th May 1972)
1. These Regulations may be cited as the Fiji Police Medal
Regulations.
2. The Medal shall be open to all ranks of the Royal Fiji
Police.
3. Recommendations for the award of the Medal shall be submitted
to the Governor-General by the Prime Minister on the advice of the
Commissioner
of Police. The Medal will be awarded on the authority of Her Majesty the Queen
and notification of such award shall
be published in the
London
Gazette and the
Fiji Royal
Gazette.
4. The qualifications
for the Medal shall be as follows:-
(a) Conspicuous gallantry.
(b) Valuable service characterised by resource and devotion to duty, including prolonged services marked by exceptional ability, merit and exemplary conduct.
5. Any award of the Medal for
conspicuous gallantry shall be made as soon as possible after the event
occasioning the grant, and all
other awards shall be made bi-annually on the
occasion of Her Majesty's Birthday or at the New Year; provided that a
recommendation
may be made at any time when the Governor-General so
commands.
6.-(1) A recipient of the Medal or Clasp who is convicted of a
criminal offence or is dismissed or removed from the Royal Fiji Police
for
misconduct shall forfeit the Medal or Clasp unless the Governor-General on
behalf of Her Majesty the Queen shall otherwise direct.
(2) A Medal or
Clasp so forfeited may be restored to the recipient by the Governor-General on
behalf of Her Majesty the Queen on the
advice of the Prime Minister.
(3)
A notice of forfeiture or restoration shall in every case be published in the
London
Gazette and in the
Fiji
Royal
Gazette.
7.-(1) When a Medal is
lost through carelessness or neglect, the Commissioner of Police may recommend
that the loser be provided with
a new Medal at the loser's expense. If the loss
is accidental, it may be recommended that the loser be supplied with a new
Medal,
either at his own or at the public expense, according to the
circumstances of the case.
(2) An application for a new Medal to replace
one which has been lost must be accompanied by a declaration as to the
circumstances
under which the original Medal was lost. A new Medal will not be
issued until a period of six months has elapsed since the date on
which the loss
occurred.
8. The award of the Medal will not be a bar to subsequent
recommendation for the award of the Queen's Police Medal.
*
See Legal Notice No. 61 of
1972.
_____________________
FIJI
POLICE LONG SERVICE AND GOOD CONDUCT
MEDAL
REGULATIONS
Regulations 28th July 1972*
(Made
by
the
Governor-General
under
Royal
Warrant
dated
16th
May
1972)
1. These Regulations may be cited as the Fiji Police Long
Service and Good Conduct Medal Regulations.
2.-(1) The Fiji Police Long
Service and Good Conduct Medal will be granted as a reward for long service and
good conduct to members
of the Royal Fiji Police who, on or after 10th October,
1970, shall have completed eighteen years' continuous service as hereinafter
defined.
(2) A Clasp will also be granted to a recipient of the Medal and
to a recipient of the Colonial Police Long Service Medal on his completing
twenty-five years' qualifying service, and a further Clasp on completing thirty
years' qualifying service. For each Clasp so awarded
a small silver rose may be
added to the ribbon of either medal when worn alone.
3.-(1) Qualifying
service in the Royal Fiji Police before the 10th October, 1970, may be allowed
to reckon towards the required period
of qualifying service. Service in a Police
Force which was qualifying service for the Police Long Service and Good Conduct
Medal
or the Colonial Police Long Service Medal may be aggregated with service
in the Royal Fiji Police and allowed to count towards the
required period of
eighteen years' service provided no award of the Police Long Service and Good
Conduct Medal or the Colonial Police
Long Service Medal has been
made.
(2) Where service has been rendered in the Royal Fiji Police and in
one or more other Police Forces as aforesaid, an interval not
exceeding twelve
months between any two periods of service shall not be regarded as breaking the
continuity of such service.
(3) A break in service in any one Police
Force not exceeding six calendar months shall not be regarded as breaking the
continuity
of such service.
4.-(1) For the purpose of these Regulations,
service shall be reckoned as qualifying service only if it is certified that the
character
and conduct of the person recommended for the grant of the Medal or
Clasp has been exemplary. No police officer aforementioned shall
be deemed to be
of exemplary character who during the last ten years of his service has been
convicted of-
(a) any criminal offence, excluding offences under the Traffic Act (but including the offences of driving under the influence of drinks or drugs);
(b) a disciplinary offence of drunkenness or incapacity for duty due to alcoholism; or
(c) a disciplinary offence and sentenced to punishment of-
(i) reduction in rank;
(ii) confinement to barracks for not less than fourteen days; or
(iii) fined more than three days' pay.
5. Recommendations for the
award of the Medal or Clasp shall be submitted to the Governor-General by the
Prime Minister on the advice
of the Commissioner of Police. The Medal will be
awarded on the authority of the Governor-General and a notification of such
award
shall be published in the Fiji
Royal
Gazette.
*
See Legal Notice No. 62 of
1972.
6.-(1) A recipient of the Medal or Clasp who is convicted of a
criminal offence or is dismissed or removed from the Royal Fiji Police
for
misconduct shall forfeit the Medal or Clasp unless the Governor-General shall
otherwise direct.
(2) A Medal or Clasp so forfeited may be restored to
the recipient by the Governor-General on the advice of the Prime
Minister.
(3) A notice of forfeiture or restoration shall in every case
be published in the Fiji
Royal
Gazette.
7.-(1) When a Medal is
lost through carelessness or neglect, the Commissioner of Police may recommend
that the loser be provided with
a new Medal at his own expense. If the loss is
accidental, it may be recommended that the loser be supplied with a new Medal,
either
at his own or at the public expense, according to the circumstances of
the case.
(2) An application for a new Medal to replace one which has
been lost must be accompanied by a declaration as to the circumstances
under
which the original Medal was lost. A new Medal will not be issued until a period
of six months has elapsed since the date on
which the loss occurred.
____________________
FIJI SPECIAL CONSTABULARY MEDAL REGULATIONS
Regulations in force 27th March 1979*
(Made
by
the
Governor-General
under
the
Royal
Warrant
dated
27th
March
1979)
1. These Regulations may be cited as the Fiji Special
Constabulary Medal Regulations.
2. In these Regulations, "Reserve" means
the former Fiji Police Force Reserve.
3.-(1) The Fiji Special
Constabulary Medal will be granted as a reward for long service and good conduct
to members of the Fiji Special
Constabulary who, on or after the 10th day of
October 1970, shall have completed fifteen years' continuous service as
hereinafter
defined.
(2) A Clasp will also be granted to a recipient of
the Medal on his completing twenty-five years' qualifying service, and a further
Clasp on completing thirty years' service. For each Clasp so awarded a small
silver rose may be added to the ribbon of the medal
when worn
alone.
4.-(1) Qualifying service in the Reserve and the Fiji Special
Constabulary before the 10th day of October 1970, may be allowed to
reckon
towards the required period of qualifying service. Service in a Special
Constabulary which was qualifying service for the
Colonial Special Constabulary
Medal may be aggregated with service in the Reserve and the Fiji Special
Constabulary and allowed to
count towards the required period of fifteen years'
service provided no award for the Colonial Special Constabulary Medal has been
made.
(2) Where service has been rendered in the Fiji Special
Constabulary and in one or more other Special Constabulary twelve months between
the two periods of service shall not be regarded as breaking the continuity of
such service.
(3) A break in service in any one Special Constabulary
Force not exceeding six calendar months shall not be regarded as breaking the
continuity of such service.
See
Legal Notice No. 192 of 1979.
5.-(1) For the purpose of these
Regulations, service shall be reckoned as qualifying service only if it is
certified that the character
and conduct of the person recommended for the grant
of the Medal or Clasp has been exemplary. No member of the Special Constabulary
shall be deemed to be of exemplary character who during the last seven years of
his service has been convicted of-
(a) any criminal offence, excluding offences under the Traffic Act (but including the offences of driving under the influence of drinks or drugs);
(b) a disciplinary offence of drunkenness or incapacity for duty due to alcoholism; or
(c) a disciplinary offence and sentenced to a punishment of reduction in rank.
and a notification of such award shall
be published in the Fiji
Royal
Gazette.
6.-(1) A recipient of
the Medal or Clasp who is convicted of a criminal offence or is dismissed or
removed from the Royal Fiji Police
for misconduct shall forfeit the Medal or
Clasp unless the Governor-General shall otherwise direct.
(2) A Medal or
Clasp so forfeited may be restored to the recipient by the Governor-General on
the advice of the Prime Minister.
(3) A notice of forfeiture or
restoration shall in every case be published in the
Fiji
Royal
Gazette.
7.-(1) When a Medal is
lost through carelessness or neglect, the Commissioner of Police may recommend
that the loser be provided with
a new Medal at his own expense. If the loss is
accidental, it may be recommended that the loser be supplied with a new Medal,
either
at his own or at the public expense, according to the circumstances of
the case.
(2) An application for a new Medal to replace one which has
been lost must be accompanied by a declaration as to the circumstances
under
which the original Medal was lost. A new Medal will not be issued until a period
of six months has elapsed since the date on
which the loss occurred.
(6)
Recommendation for the award of the Medal or Clasp shall be submitted to the
Governor-General by the Prime Minister on the advice
of the Commissioner of
Police. The Medal will be awarded on the authority of the Governor-General and a
notification of such award
shall be published in the
Fiji
Royal
Gazette.
7.-(1) A recipient of
the Medal or Clasp who is convicted of a criminal offence or is dismissed or
removed from the Fiji Special Constabulary
for misconduct shall forfeit the
Medal or Clasp unless the Governor-General shall otherwise direct.
(2) A
Medal or Clasp so forfeited may be restored to the recipient by the
Governor-General on the advice of the Prime Minister.
(3) A notice of
forfeiture or restoration shall in every case be published in the
Fiji
Royal
Gazette.
8.-(1) When a Medal is
lost through carelessness or neglect, the Commissioner of Police may recommend
that the loser be provided with
a new Medal at his own expense. If the loss is
accidental, it may be recommended that the loser be supplied with a new Medal,
either
at his own or public expense, according to the circumstances of the
case.
(2) An application for a new Medal to replace one which has been
lost must be accompanied by a declaration as to the circumstances
under which
the original Medal was lost. A new Medal will not be issued until a period of
six months has elapsed since the date on
which loss occurred.
_______________________
SECTION 107 OF THE CONSTITUTION
DELEGATION
TO CHAIRMAN OF THE POLICE SERVICE
COMMISSION
OF POWER TO CONCUR IN
DISCHARGE AND
REMOVAL OF
NON-GAZETTED OFFICERS*
Legal Notice 2nd January 1974 (No. 8 of 1974)
The Police Service Commission has delegated to the
chairman of the Police Service Commission the power, vested in the Police
Service
Commission under the proviso of subsection (2) of section 107 of the
Constitution, of concurring in the discharge of police officers,
other than
gazetted officers, by the Commissioner of Police under the provisions of
subsection (1) of section 14 of the Police Ordinance.
* Made under section
107 of the Constitution and, for
convenience, included with the subsidiary legislation under the Police
Act.
____________________
SECTION 107 OF THE CONSTITUTION
DELEGATION
TO THE COMMISSIONER OF POLICE OF
POWER
OF INTERDICTION OF GAZETTED
OFFICERS*
Legal Notice 6th June 1975 (No. 75 of 1975)
The Police Service Commission has delegated to the
Commissioner of Police the power of interdiction of gazetted officers in the
Royal
Fiji Police Force subject to any condition specified in the Police Service
Commission Regulations.
_________________
SECTION 107 OF THE CONSTITUTION
DELEGATION
TO THE COMMISSIONER OF POLICE OF
POWER
TO MAKE ACTING APPOINTMENTS TO
CERTAIN OFFICES IN THE
ROYAL FIJI
POLICE FORCE*
Legal Notice 9th September 1975 (No. 99 of 1975)
The Police Service Commission has delegated with effect
from 5th September 1975 to the Commissioner of Police the power to make acting
appointments to offices above the rank of Senior Inspector and not above the
rank of Superintendent.
* Made under section
107 of the Constitution and, for
convenience, included with the subsidiary legislation under the Police Act.
+
Made under section 135 of the
Constitution and, for convenience, included with the subsidiary legislation
under the Police Act.
________________
SECTION 135 OF THE CONSTITUTION
POLICE SERVICE COMMISSION REGULATIONS'
ARRANGEMENT OF REGULATIONS
PART I-PRELIMINARY
REGULATION
1. Short title
2. Application and
interpretation
PART II-GENERAL
3. Maintenance of high standard of efficiency
4.
Attendance of officers and production of documents
5. Report to be
accompanied by relevant papers
PART III-ADVERTISEMENTS
6. Advertisement of vacancies
PART IV-APPOINTMENTS AND PROMOTION
7. Principles and procedure in selection for
promotion
8. Appointments and promotions
9. Acting appointment
PART V-PROBATIONARY APPOINTMENTS
10. Probationary appointments and confirmation
PART VI-ANNUAL INCREMENTS AND ADVANCEMENT BARS
11. Annual increments and advancement bars
12. Passing
of advancement bars
PART VII-TERMINATION OF APPOINTMENT
13. Compulsory retirement
14. Retention of an officer
after age of compulsory retirement
15. Compulsory retirement or reduction in
rank in the public interest
16. Termination or abolition of office
17.
Premature termination of contract of service
PART VIII-DISCIPLINE
18. Disciplinary offences
19. Interdiction
20.
Interdiction of gazetted officers
21. Letter of warning
22. Criminal
prosecution
23. No disciplinary action while proceeding is pending
24.
Criminal conviction of gazetted officer
25. Disciplinary action after
acquittal on criminal charge
26. Dismissal
27. Misconduct not warranting
dismissal
28. Punishments
PART IX-ADMINISTRATIVE
29. Meetings and records
30. Proceedings of Commission
privileged
31. Protection of Commission
32. Power to require attendance of
witnesses, etc.
33. Attempting to influence Commission
34. Giving false
information to Commission
35. Interpretation
36. Divulging official
information
----------------------------------------------
Regulations*
6th
June
1975
[in
force
13th
June
1975},
14th
July
1976
(Made by the Police Service Commission)
PART I-PRELIMINARY
Short title
1. These Regulations may be cited as the Police Service
Commission Regulations.
Application and interpretation
2.-(1) Unless the context otherwise requires, the
provisions of these Regulations shall only apply to gazetted officers or
gazetted
offices, as hereinafter defined, in the Royal Fiji Police Force
and-
"appointment" includes-
(a) the conferment of a gazetted office, whether or not subject to subsequent confirmation, upon a police officer or person not a member of the Royal Fiji Police Force;
(b) the grant of permanent and pensionable terms of service in a gazetted office to a person recruited and serving on contract or temporary non-pensionable terms of service in a pensionable or non-pensionable public office;
(c) the engagement in a gazetted office of a person on contract terms of service for a further period of service on the conclusion of his previous period of engagement on contract terms in the same or another gazetted office; or
(d) the permanent transfer to a gazetted office of a police officer of any police force in the United Kingdom or of another Commonwealth country, who is serving on temporary transfer in a gazetted office;
"Chairman" means the Chairman of the Commission or any person appointed to act temporarily as Chairman;
"Commission" means the Police Service Commission established by section 106 of the Constitution;
"Commissioner" means the Commissioner of Police or any person acting in that office;
"deferred increment" means when an officer's incremental date is deferred and upon restoration, the date of restoration becomes the officer's future incremental date;
"Force" means the Royal Fiji Police Force;
"gazetted officer" means any officer of or above the rank of Assistant Superintendent and the expression "gazetted office" has a corresponding meaning;
"General Orders" means the General Orders for the public service of Fiji as from time to time amended;
PART II-GENERAL
Maintenance of high standard of efficiency
3. The Commission shall always have regard to the
maintenance of a high standard of efficiency in the Force.
Attendance of officers and production of documents
4.-(1) The Commission may require any police or public
officer to attend and give evidence before it and to produce any official
document
concerning any matter which it is required to consider in exercise of
its functions under the Constitution or under these Regulations.
(2) Any
police or public officer who without reasonable cause, fails-
(a) to appear before the Commission when notified to do so; or
(b) to comply with any request made by the Commission under the provisions of these Regulations,
shall be guilty of a breach of
discipline, and the Commission may request or order, as the case may be, that
disciplinary proceedings
be instituted against him.
Report to be accompanied by relevant papers
5. Where the Commissioner has to render or make any report
under the provisions of these Regulations, copies of all necessary supporting
and relevant documents shall be enclosed therewith.
PART III-ADVERTISEMENTS
Advertisement of vacancies
6.-(1) Where vacancies cannot be filled by serving police
officers they shall be advertised, unless the Commission otherwise decides,
in
time to enable candidates to apply in accordance with that
advertisement.
(2) The form of every such advertisement, which shall set
out the qualifications required, shall be determined by the Commission.
PART IV-APPOINTMENTS AND PROMOTIONS
Principles and procedure in selection for promotion
7. In considering the claims of police officers for
promotion, merit, experience and qualifications shall be taken into account,
before
taking account of seniority in the public service.
Appointments and promotions
8.-(1) The Commissioner shall report, without delay, to
the secretary, the creation of a new gazetted office, specifying his
recommendation
in relation thereto.
(2) The secretary shall verify that
there is no establishment, financial or other objection to such recommendation,
and shall forward
it to the Secretary of the Commission.
(3) Unless the
vacancy can be filled by the promotion of a serving police officer the
Commissioner shall submit a draft advertisement
to the secretary.
(4) The
Commission shall arrange for the publication of the advertisement and shall
consider the replies thereto in consultation with
the Commissioner.
(5)
Neither the Commission nor the Commissioner shall be precluded from considering
the claims and qualifications of any other police
officers who have not applied
for the vacant office nor from recommending the promotion of any police officer
to such office.
(6) When the vacancy is likely to involve the recruitment
or the renewal of the contract of service of a person other than a local
candidate, the secretary shall report the steps taken regarding the training of
local candidates for such offices.
(7) Every recommendation for promotion
shall state whether the officer recommended is the senior officer eligible for
promotion, and
where this is not the case, detailed reasons should be given in
respect of each officer over whom it is proposed that the police
officer
recommended shall be promoted.
(8) Upon receipt of all the relevant
papers and documents, the Commission shall decide which serving police officer,
if any, shall
be appointed or promoted to the office, or if no such suitable
serving officer is available, shall take steps to advertise the vacancy.
Acting appointment
9.-(1) (a) The
Commissioner shall report, without delay-
(i) when any temporary vacancy is anticipated which is expected to last more than one month; or
(ii) when a temporary vacancy has occurred which, although when it occurred was not expected to last more than one month, has in fact done so.
(b) The Commissioner shall, if he considers that the vacancy ought to be filled temporarily, recommend as to which police officer should temporarily fill it, stating whether or not that officer is in every way qualified to perform all the duties of that office, or if he recommends any officer in preference to a more senior officer, he shall give his reasons for so recommending.
(2) On receipt of
any such report as aforesaid, the Commission shall decide whether the vacancy
shall be temporarily filled, and,
if so, by which police officer.
(3) In
this regulation "temporary vacancy" means a vacancy in which the person
appointed is to act without substantively holding it.
PART V-PROBATIONARY APPOINTMENTS
Probationary appointments and confirmation
10.-(1) Where a gazetted officer holds a probationary
appointment, the Commissioner shall, at least three months before the expiration
of such appointment, consider whether such gazetted officer should, on such
expiration, be confirmed in his post, whether a further
period or probationary
service is necessary to determine whether the officer should be so confirmed or
whether the officer should
not remain in the service and the Commissioner shall
make a recommendation accordingly to the secretary, who shall forward it to
the
Secretary of the Commission for consideration and decision by the
Commission.
(2) Notwithstanding the provisions of paragraph (1), if, at
any time during a period of probation, the Commissioner forms the opinion
that a
probationary appointment should be terminated or that the period of probation
should be extended, the Commissioner shall make
a report to the secretary who
shall forward it to the Secretary of the Commission for consideration and
decision by the Commission.
(3) The Commissioner shall, before making a
report under paragraph (2), ensure that the procedure specified in Chapter II of
General
Orders has been carried out.
PART VI-ANNUAL INCREMENTS AND ADVANCEMENT BARS
Annual increments and advancement bars
11. If the Commissioner is of the opinion that an annual
increment of a gazetted officer should be withheld on the grounds of
unsatisfactory
service during the previous year he shall report the matter to
the secretary who shall forward it to the Secretary of the Commission
for the
Commission to decide whether or not, and for what period, the increment in
question shall be withheld, and if so, whether
it shall be suspended, stopped or
deferred.
Passing of advancement bars
12.-(1) No less than two months before a gazetted officer
is due to pass an advancement bar, the Commissioner shall forward his
recommendations
as to the suitability or otherwise of such officer to pass the
bar, to the secretary who shall forward it to the Secretary of the
Commission
for consideration and decision by the Commission.
(2) If the Commissioner
is of the opinion that the officer is not suitable to pass the bar, he shall,
before making his recommendation
under paragraph (1) communicate to the officer
in writing the reasons for his opinion and shall allow the officer a reasonable
period
to make any representations he may wish to make. The Commissioner shall
thereafter forward to the secretary to take the action specified
in paragraph
(1), his recommendation upon such representations, if any, and the
representations, together with a statement as to
whether or not in his view the
officer is likely at some future date to become suitable to pass the
bar.
PART VII-TERMINATION OF APPOINTMENT
Compulsory retirement
13.-(1) If it appears to the Commissioner that a gazetted
officer who may be called upon to retire under the provisions of any law
relating to pensions, should be so called upon, the Commissioner shall report
specifying his reasons to the secretary who shall advise
the officer in writing
that his compulsory retirement from the public service is under consideration,
asking the officer if he wishes
to make any representations, and allowing a
reasonable interval for the purpose.
(2) If, after consideration of the
officer's reply, the secretary considers that the officer should be required to
retire, he shall
forward a report to the Secretary of the Commission, together
with the representations, if any, of the officer and the report of
the
Commissioner, so that the Commission may make a decision thereon.
Retention of an officer after age of compulsory retirement
14. Where it seems necessary that a pensionable gazetted
officer should not be required to retire from pensionable service upon attaining
the normal age of retirement, as provided in any law, the Commissioner shall
report the matter to the secretary who shall forward
the report, together with
his observations thereon, to the Secretary of the Commission for consideration
by the Commission.
Compulsory retirement or reduction in rank in the public interest
15.-(1) Notwithstanding any other provision of these
Regulations, if the Commissioner considers that a pensionable gazetted officer
shall be required to retire from the Force or be reduced in rank on grounds
which cannot suitably be dealt with by specific charges,
he shall report the
matter to the secretary who shall forward the report together with his
observations thereon, to the Secretary
of the Commission for consideration by
the Commission.
(2) If the Commission considers that such officer should
be required to retire or be reduced in rank the secretary shall inform the
officer in writing of the grounds on which his retirement or reduction in rank
is contemplated, requiring him before a date to be
specified (which shall allow
a reasonable interval for the purpose) to submit any representation he may wish
to make.
(3) If after considering the officer's reply, the secretary
considers that the officer should be required to retire in the public
interest
or be reduced in rank, he shall forward a report to the Secretary of the
Commission together with the reply, if any, of
the officer concerned, and the
report of the Commissioner so that the Commission may make a decision
thereon.
Termination or abolition of office
16. Where a gazetted office has been abolished, the
Commissioner shall make a report thereon to the secretary who shall forward the
report together with his observations to the Secretary of the Commission for
decision by the Commission as to the termination of
the appointment of the
holder of the office, or where more than one such office exists, the termination
of the appointment of one
of the holders of such offices.
Premature termination of contract of service
17. Where a gazetted officer is serving under a contract
which provides for the termination of that contract by notice before the
expiration of the period of service stipulated in the contract and the
Commissioner considers it should be so terminated, he shall
report the matter to
the secretary who shall call upon the officer to submit, within a time to be
specified, such representations
as the officer may wish to make and shall
forward the report to the Secretary of the Commission together with his own
observations
and any such representations, for decision by the
Commission.
PART VIII-DISCIPLINE
Disciplinary offences
18. Any gazetted officer who-
(1) uses traitorous or disloyal words regarding the Sovereign;
(2) is disrespectful in word, act or demeanour to any of his superior officers;
(3) wilfully disobeys any lawful order;
(4) is guilty of drunkenness;
(5) drinks intoxicating liquor whilst on duty for which he has been detailed;
(6) parades for duty for which he has been detailed, under the influence of liquor;
(7) absents himself without leave;
(8) neglects or without reasonable excuse refuses to assist in the apprehension of any person whom it is his duty to apprehend, when lawfully ordered to assist;
(9) negligently allows any prisoner who is committed to his charge or whom it is his duty to keep or guard, to escape;
(10) offers or uses unwarranted violence to or ill treats any person in his custody;
(11) is guilty of cowardice;
(12) discharges any arms without just cause or orders;
(13) without reasonable cause fails to present himself at any parade or for any duty at a time appointed by his superior officer;
(14) pawns, sells, loses by neglect, makes away with, wilfully or by neglect damages, or fails to report any damage to, any arms, ammunition, equipment, clothing or any other public property committed to his charge;
(15) without due authority parades for or attends any duty out of uniform or dirty or untidy in his person, arms, clothing or equipment;
(16) is slovenly, inattentive, uncivil or quarrelsome;
(17) without due authority discloses or conveys any information concerning any investigation or other police matters;
(18) malingers, feigns, or wilfully produces any disease or infirmity;
(19) is guilty of wilful misconduct or wilfully disobeys, whether in hospital or otherwise, any orders, by means of which misconduct or disobedience he produces or aggravates any disease or infirmity or delays its cure;
(20) incurs debt beyond his means;
(21) knowingly makes any false accusation against any other police officer or any other person;
(22) in making any complaint against any other police officer or any other person, makes a false statement affecting the character of any such police officer or other person, knowing such statement to be false, or knowingly and wilfully suppresses any material facts;
(23) makes or signs any false report or statement in any official record or document in circumstances which would indicate that he should be reasonable certain that the same is false;
(24) except with the prior written permission of the Commissioner engages in any employment or office other than in accordance with his duties as a police officer;
(25) takes any active part in any political organisation or electoral campaign or engages in any other activity which is likely to interfere with the impartial discharge of his duty as a police officer;
(26) takes part in any professional sport;
(27) becomes security for any person or engages in any loan transaction with any person without the prior written permission of the Commissioner;
(28) if called upon by the Commissioner to furnish a full and true statement of his financial position, fails to do so;
(29) fails to comply with any of the provisions of the Force Standing Orders; or
(30) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline,
commits an
offence against discipline for the purposes of disciplinary proceedings.
Interdiction
19. All interdictions and the reasons therefor shall be
reported in writing by the Commissioner to the Secretary of the Commission
as
soon as possible after the interdiction has been made.
Interdiction of gazetted officers
20. A gazetted officer interdicted from duty by the
Commission, or by the Commissioner where the power of interdiction has been
delegated
to him, shall not be entitled to receive any salary or any amount in
compensation for loss of earnings in respect of a period of
interdiction unless
the officer is acquitted of any charges in disciplinary or criminal proceedings
arising from the circumstances
giving rise to the interdiction, and even if the
charges in any disciplinary proceedings are not laid until after the conclusion
of any criminal proceedings, or unless the Commissioner otherwise
directs.
(Inserted
by
Regulations
14th
July
1976*.)
*
See Legal Notice No. 93 of
1976.
Letter of Warning
21. The Commission, the secretary or the Commissioner may,
if it is considered that disciplinary proceedings are not justified in
respect
of any minor act of misconduct by a gazetted officer, issue a letter to such
officer warning him that that act of misconduct
has been recorded. A copy of any
such letter issued under this regulation shall be sent to the Secretary of the
Commission for attaching
to such officer's annual confidential report.
Criminal prosecution
22. Subject to the provisions of regulation 23, when a
preliminary investigation or an inquiry discloses that an offence against any
law may have been committed by a gazetted officer, the Commissioner shall order
an investigation and shall take action in accordance
with the Force Standing
Orders.
No disciplinary action while proceeding is pending
23. Where criminal proceedings are instituted against any
gazetted officer, disciplinary proceedings shall not normally be taken until
the
conclusion of such proceedings and the determination of any appeal
therefrom.
Criminal conviction of gazetted officer
24. Where criminal proceedings have finally concluded
(including the determination of any appeal) resulting in the conviction of a
gazetted officer, the Commissioner shall report the matter, together with his
recommendation as to punishment, if any, to the secretary
who shall forward the
report to the Secretary of the Commission for consideration by the
Commission.
Disciplinary action after acquittal on criminal charge
25.-(1) A gazetted officer acquitted of a criminal charge
in any court shall not be dismissed or otherwise punished on any charge
upon
which he has been acquitted, but nothing in this paragraph shall prevent his
being dismissed or otherwise punished on any other
charge arising from his
conduct in the matter, unless the charge raises substantially the same issue as
that upon which he has been
acquitted.
(2) Where it is proposed to
commence disciplinary proceedings against a gazetted officer who has been tried
upon a criminal charge
arising out of his conduct in a matter which it is
proposed should be the subject of the disciplinary charges, the draft
disciplinary
charges shall be sent to the Solicitor-General for his advice as to
whether the charges can properly be laid.
Dismissal
26.-(1) (a) Where the Commissioner considers that disciplinary proceedings for dismissal should be instituted against a gazetted officer, he shall make a report to the secretary who shall forward such report to the Secretary of the Commission in order that the Commission may decide whether or not a disciplinary inquiry is to be held.
(b) Where the Commission decides that a disciplinary inquiry shall be held, the secretary shall forward to the officer a statement of the charge or charges framed against him, together with a brief statement of the allegations on which each charge is based.
(c) The secretary shall also advise the officer that, if he so wishes, he may state in writing before a date to be specified (which shall allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself.
(2) (a) Unless the statement, if any, of the officer contains an admission of the charges preferred, the secretary shall appoint a Committee of such persons as he shall specify, not being less than three in number, to inquire into the matter.
(b) A Committee appointed under sub-paragraph (a) shall have the same powers as the Commission to summon and examine any witness whose evidence may be deemed material.
(c) The Chairman of every such Committee shall be a judge, a magistrate, legal officer or some other person possessing legal qualifications.
(d) Neither the Commissioner nor any police officer shall be a member of the Committee.
(e) Where not expressly provided for under these Regulations, the procedure of the Committee in inquiring into any matter referred to it shall be such as the Committee may determine.
(3) The Committee shall inform the
officer that on a specified day, the charges against him will be investigated by
it and that he
will be allowed or, if the Committee shall so determine, will be
required, to appear before it to defend himself.
(4) If witnesses are
examined by the Committee, the officer shall be given an opportunity of being
present and putting questions on
his own behalf to the witnesses, and no
documentary evidence shall be used against him unless he has previously been
supplied with
a copy thereof or given access thereto.
(5) The Committee
shall, in its discretion, permit the prosecuting party or the officer to be
represented by a police officer, or
an advocate:
Provided that, where the
Committee permits such representation to the prosecuting party, it shall permit
the officer to be so represented.
(6) If, during the course of the
inquiry, grounds for framing additional charges against the officer are
disclosed the Committee shall
inform the secretary who shall follow the same
procedure in framing the additional charges as was adopted in framing the
original
charges.
(7) The Committee, having inquired into the matter,
shall forward its report thereon to the Secretary of the Commission accompanied
by the record of the charges framed, the evidence led, the defence and all other
proceedings relevant to the inquiry.
(8) The Commission after considering
the report of the Committee, may-
(a) if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the secretary for reference to the Committee for further investigation, report and later decision of the Commission;
(b) if it is of the opinion that the officer does not deserve to be dismissed, may impose some lesser penalty; or
(c) decide in relation to dismissal or otherwise.
(9) The decision on each charge
preferred against the officer shall be communicated to him by the Secretary of
the Commission but
not the reasons for the decision.
Misconduct not warranting dismissal
27.-(1) Where it is considered necessary to institute
disciplinary proceedings for misconduct not warranting dismissal against a
gazetted
officer, the Commissioner shall make a report to the secretary, who
shall forward such report to the Secretary of the Commission.
(2) If,
after receiving the report specified in paragraph (1) or a report received under
the provisions of sub-paragraph (a) of
paragraph (1) of regulation 26, the Commission is of the opinion that the
misconduct alleged is not serious enough to warrant
proceedings for dismissal,
the officer shall be informed by the secretary of the charges against him and
the officer shall be called
upon to state in writing before a day to be
specified (which shall allow a reasonable interval for the purpose) his answers
to the
charge and anything which he desires to urge on his own behalf in the
matter. The secretary shall thereafter forward a report on
the matter to the
Secretary of the Commission, accompanied by the charges, the officer's reply and
all other relevant documents:
Provided that such proceedings shall be
carried out in such a manner that the officer shall know the whole case against
him and shall
have an adequate opportunity throughout of making his
defence.
Punishments
28. The following punishments may be ordered as the result
of proceedings under this Part:-
(a) dismissal;
(b) reduction in rank;
(c) reduction in salary;
(d) stoppage of increment;
(e) deferment of increment;
(f) suspension of increment;
(g) severe reprimand or reprimand:
Provided that nothing in this
paragraph shall limit the power conferred upon the Commission to require a
gazetted officer to retire
from the public service in the public
interest.
PART IX-ADMINISTRATIVE
Meetings and records
29.-(1) Every meeting of the Commission shall be presided
over by the Chairman.
(2) A record shall be kept of the members present
and of the business transacted at every such meeting.
Proceedings of Commission privileged
30. Any report, statement or other communication or record
of any meeting, inquiry or proceedings which the Commission may make in
exercise
of its functions or any member may make in performance of his duties, shall be
privileged in that its production may not
be compelled in any legal proceedings
unless the Chairman certifies that such production is not against the public
interest.
Protection of Commission
31. Every member of the Commission shall have such and the
like protection and privilege in case of any action or suit brought against
him
for any act done or omitted to be done in the
bona
fide execution of his duties as is by
law given in respect of acts done or words spoken by a Judge of the Supreme
Court in the exercise
of his judicial office.
Power to require attendance of witnesses, etc.
32. For the purposes of carrying out its powers, duties
and functions under these Regulations the Commission shall have the same powers
and authority to summon witnesses and to admit and receive evidence as are
conferred on the commissioners of a Commission of Inquiry
by section 9 of the
Commission of Inquiry Act and the provisions of sections 14 and 17 of that Act
shall apply mutatis mutandis in
relation to the powers and authority vested in the Commission under this
regulation.
(Cap.
47.)
Attempting to influence Commission
33.-(1) Any person who directly or indirectly, other than
in the course of his duty, by himself or by any other person in any manner
whatsoever attempts to influence the Commission in the proper exercise of its
functions or duties shall be guilty of an offence and
shall be liable on
conviction to a fine not exceeding $100, or to imprisonment for a period not
exceeding three months or to both
such fine and imprisonment.
(2) Nothing
in paragraph (1) shall be deemed to make unlawful the giving of a
bona
fide reference or testimonial to any
applicant or candidate for any appointment in the public service by a person who
from his own knowledge
can speak as to the qualifications or character of the
applicant or candidate or the bona
fide answering of any question put to any person by a member of the
Commission.
Giving false information to Commission
34. Any person who in connection with the exercise by the
Commission of its functions or duties wilfully gives to the Commission any
information which he knows to be false or does not believe to be true, or which
he knows to be false by reason of the omission of
any material particular, shall
be guilty of an offence and on conviction shall be liable to a fine not
exceeding two hundred dollars
or to imprisonment for a period not exceeding six
months or to both such fine and imprisonment.
Interpretation
35. For the purpose of regulations 33 and 34 the term
"Commission" shall include the Commission, any member of the Commission, the
Secretary of the Commission, any member of the staff of the Commission or any
person or body of persons appointed to assist the Commission
in the exercise of
its functions or duties.
Divulging official information
36.-(1) No member of the Commission, nor the Secretary of
the Commission nor any member of the staff of the Commission nor any other
person shall, without the written permission of the Minister, publish or
disclose to any person otherwise than in exercise of his
official functions the
contents of any document, communication or information whatsoever relating to or
connected with the functions
of the Commission which has come to his knowledge
in the course of his duties.
(2) Any person who knowingly acts in
contravention of the provisions of this regulation shall be guilty of an offence
and on conviction
shall be liable to a fine not exceeding $200, or to
imprisonment for a period not exceeding six months or to both such fine and
imprisonment.
------------------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/consol_act/pa75