Discipline of other special police officers
82.—(1)  A special police officer (other than a volunteer or a volunteer ex‑NSman) who is below the rank of assistant superintendent may be disciplined by —
(a)a police officer not below the rank of assistant superintendent; or
(b)a special police officer not below the rank of assistant superintendent,
in accordance with this Act and the Special Constabulary Regulations.
[10/2015]
(2)  A special police officer (other than a volunteer or a volunteer ex‑NSman) of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned.
[10/2015]
(3)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex‑NSman) below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:
(a)detention for a period not exceeding 40 days;
(b)reduction in rank, grade or seniority;
(c)forfeiture of up to 14 days’ emoluments;
(d)reprimand;
(e)stoppage of leave;
(f)restriction of privileges;
(g)extra duty;
(h)caution.
[10/2015]
(4)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex-NSman) not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that such special police officer be subject to any one of the following punishments:
(a)reduction in rank, grade or seniority;
(b)forfeiture of up to 14 days’ emoluments;
(c)stoppage of increment for up to 2 years;
(d)reprimand.
[10/2015]
(5)  A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal.
(6)  A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay —
(a)in the case of a special police officer below the rank of senior staff sergeant — a fine not exceeding $1,500;
(b)in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent — a fine not exceeding $2,000;
(c)in the case of a special police officer of the rank of assistant superintendent or deputy superintendent — a fine not exceeding $3,000;
(d)in the case of a special police officer of the rank of superintendent or deputy assistant commissioner — a fine not exceeding $6,000; or
(e)in the case of a special police officer of the rank of assistant commissioner or higher — a fine not exceeding $10,000.
[53/2018]
(7)  In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer guilty of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, the disciplinary officer may order that special police officer concerned to pay compensation to make good, either partially or wholly, the value of such property or the amount of such loss or damage.
[10/2015]
(8)  In assessing the amount to be paid by way of compensation ordered under subsection (7), a disciplinary officer must have regard to the emoluments of the special police officer concerned, and any order under that subsection does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation so ordered.
[10/2015]
(9)  The value or amount ordered to be made good by a special police officer under subsection (7) is recoverable as a debt due to the Government from that special police officer and be payable to the Police Fund established under Part 10.
[10/2015]
(10)  A disciplinary officer authorised to impose detention as punishment under this section with respect to special police officers may order the detention as follows of a special police officer who is ordered under subsection (6), on or after 1 June 2015, to pay a fine and who defaults in payment:
(a)if the fine is $300 or lower, detention for not more than 10 days;
(b)if the fine exceeds $300 but does not exceed $1,000, detention for a period not exceeding 20 days;
(c)in any other case, detention for not more than 40 days or until the fine is paid.
[10/2015; 53/2018]
(11)  Any detention ordered under subsection (10) against a special police officer is to start on such date as the disciplinary officer may specify in the order but must end earlier if the special police officer pays the fine in full.
[10/2015]
(12)  Any special police officer against whom any order is made by a disciplinary officer under subsection (3), (4), (6), (7) or (10) may, not later than the 30th day after the date the order is served on the special police officer, appeal to the Commissioner or a Deputy Commissioner against any punishment imposed by that order or against any finding of guilt therein.
[10/2015]
(13)  In every case where an appeal has been lodged under subsection (12) against any order under subsection (3), (4), (6), (7) or (10), the punishment awarded by that order is suspended pending the determination of the appeal.
[10/2015]
(14)  The Commissioner or a Deputy Commissioner (as the case may be) may determine an appeal under subsection (12) against an order of a disciplinary officer —
(a)by confirming any finding of guilt or punishment ordered by the disciplinary officer;
(b)by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer;
(c)by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or
(d)by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard.
[10/2015]
(15)  Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final.
[10/2015]
(16)  A sentence of detention imposed as a punishment under subsection (3)(a) takes effect from the date on which it was passed, unless the disciplinary officer passing the sentence otherwise directs.
(17)  A person sentenced to detention under this Act must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.