Division 3 — Mobilisation of Auxiliary Police Forces
Mobilisation of auxiliary police officers
97.—(1)  The Commissioner may, with the approval of the Minister, mobilise for active service all or any of the members of an Auxiliary Police Force to perform general or special police duties, and such service continues until an order of demobilisation is made by the Commissioner with the approval of the Minister.
(2)  Every person who is mobilised under this section must assemble at such place and perform such service as the Commissioner or his or her authorised officer directs.
(3)  Every member of an Auxiliary Police Force, during the period of mobilisation, has the same powers and duties and the same protection and immunities of a police officer.
(4)  A person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to perform such service shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.
(5)  Where a member of an Auxiliary Police Force is mobilised to perform any general or special police duty, the employer of such auxiliary police officer must provide the mobilised officer with the usual uniform, equipment, arms, ammunitions and such other accoutrements which are provided to the officer in his or her usual course of duties to enable the officer to discharge his or her duties effectively.
(6)  No employer may —
(a)dismiss a person solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his or her being, or being liable to be, called up for mobilised service under this section; or
(b)refuse to grant that person leave of absence during his or her period of mobilised service.
(7)  An employer who contravenes subsection (6) shall be guilty of an offence and shall be liable —
(a)on conviction of an offence under subsection (6)(a), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which the employer is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to the dismissed person by the employer; and
(b)on conviction of an offence under subsection (6)(b), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.
Compensation to employer of mobilised auxiliary police officer
98.—(1)  The employer of an Auxiliary Police Force mobilised under section 97 is entitled to be compensated by the Commissioner such reasonable remuneration as may be fixed by the Commissioner in respect of an auxiliary police officer in the employer’s employment who is mobilised under that section.
(2)  In computing the remuneration under subsection (1), the Commissioner must have regard to the following:
(a)the expenses incurred by the employer in respect of the auxiliary police officer who has been mobilised;
(b)the profits which might reasonably be expected to be made by the employer in respect of the services of the auxiliary police officer had he or she not been mobilised.
(3)  As soon as may be practicable after the mobilisation of any auxiliary police officer, there must be given or sent to the employer of the officer, by such person and in such form and manner as may be specified by the Commissioner, a receipt for the mobilisation specifying —
(a)the compensation, or the rate or amount thereof, offered in respect of the mobilisation; and
(b)a statement of the effect of subsection (5).
(4)  As soon as may be practicable after the end of the period of mobilisation of any property used by an auxiliary police officer that was supplied by the auxiliary police officer’s employer, there must be given or sent to the employer of the officer, by such person and in such form and manner as aforesaid, a notice —
(a)stating whether any, and if so what, damage to the property has occurred during the period of mobilisation (other than damage which has been made good by the Commissioner) or that the total loss of the property has occurred;
(b)specifying the compensation, or the rate or amount thereof, offered in respect of the damage or loss; and
(c)specifying the effect of subsection (6).
(5)  A person to whom a receipt or notice under subsection (3) or (4) has been given or sent (called in this Act the claimant) is deemed to have accepted the offer contained in the receipt or notice unless he or she notifies the Commissioner, within 4 weeks after he or she receives the receipt or notice, of his or her claim for a greater amount or rate.
(6)  Where a notice under subsection (4) has been given or sent stating that no damage has occurred to any property during the period of mobilisation, the claimant is deemed to have agreed that no damage has so occurred unless he or she notifies the Commissioner, within 4 weeks after he or she receives the notice, of his or her claim that damage has so occurred and stating the compensation he or she claims in respect of the damage.
(7)  On the receipt of a claim under subsection (5) or (6), the Commissioner may notify the claimant that the Commissioner does not propose to make any further offer or that the Commissioner makes a specified further offer.
(8)  Before making any compensation under this Act, the Commissioner may require reasonable particulars of the damage to any property which was supplied by the employer to the auxiliary police officer during mobilisation and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by the Commissioner to inspect the property.
(9)  Nothing in this section operates so as to require the making of any payment of compensation before the end of the period of mobilisation of any property.
Disputes on compensation to be referred to Compensation Board for determination
99.—(1)  Any dispute as to whether any compensation is payable under section 98 and as to the amount of any compensation payable under that section must be referred to a Compensation Board for determination in accordance with the provisions of this Act.
(2)  An application to a Compensation Board for the determination of any dispute under subsection (1) must be made in the prescribed manner.
(3)  Subject to the Auxiliary Police Forces Regulations, the proceedings before a Compensation Board must be conducted in accordance with such directions as the Board may issue from time to time.
(4)  All proceedings before the Compensation Board under this Act are deemed to be judicial proceedings within the meaning of the Penal Code 1871.
Decision of Compensation Board to be final
100.—(1)  Except as provided in this section, a decision of a Compensation Board is final and binding on the parties.
(2)  An appeal lies to the General Division of the High Court on any question of law arising out of a decision of a Compensation Board and on the determination of such an appeal the General Division of the High Court may, by order —
(a)confirm, vary or set aside the decision of the Compensation Board; or
(b)direct the Compensation Board to reconsider its decision on the basis of the opinion of the General Division of the High Court on the question of law which was the subject of the appeal,
and where a direction is given under paragraph (b), the Compensation Board must, unless the General Division of the High Court otherwise directs, make its order within 3 months of the date of the order.
[40/2019]
Compensation Board
101.—(1)  For the purpose of determining disputes as to any entitlement to, or the quantum of, compensation payable under this Part for the mobilisation of any Auxiliary Police Force, there must be constituted a Compensation Board consisting of —
(a)the president or a deputy president of a Compensation Board; and
(b)2 other members selected by the president or deputy president from a panel of members constituted in accordance with this section.
(2)  The president and every deputy president of a Compensation Board are to be appointed by the Minister for a period of 2 years and are eligible for re‑appointment, but no person is eligible for appointment unless he or she possesses the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or is a District Judge appointed under section 9(1) of that Act.
[5/2014]
(3)  The Minister may appoint any number of deputy presidents that the Minister thinks fit.
(4)  For the purpose of enabling a Compensation Board to be constituted, there must be a panel of not more than 20 persons, each of whom must be appointed by the Minister for a period of 2 years and is eligible for re‑appointment.
(5)  No person is eligible to be appointed or to remain the president, or a deputy president or a member of the panel if he or she —
(a)is an undischarged bankrupt;
(b)has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or
(c)has a mental disorder and is incapable of managing himself or herself or his or her affairs.
[21/2008]
(6)  Where a person ceases to be a member of the panel, the Minister has to, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel does not invalidate the acts of any Compensation Board.
(7)  The Minister may at any time revoke the appointment of a member of the panel.
(8)  There are to be paid to the president, deputy presidents and members of a Compensation Board such emoluments as the Minister may determine.
[10/2015]
(9)  Every president, deputy president and member of a Compensation Board, when and so long as he or she is serving on the Compensation Board, is deemed to be a public servant within the meaning of the Penal Code 1871 and enjoys the same judicial immunity as is enjoyed by a District Judge.