Police Force Act
(Chapter 235, Section 71(12))
Auxiliary Police Regulations
Rg 2
G.N. No. S 164/2004

REVISED EDITION 1990
( )
[12 May 1961]
Citation
1.  These Regulations may be cited as the Auxiliary Police Regulations.
Definitions
2.  In these Regulations, “employing authority” means the Government or any company, statutory body or other organisation by whom an auxiliary police officer is employed.
Schemes of training
3.  Every auxiliary police officer shall undergo such examinations and schemes of training as the Commissioner, in consultation with the employing authority, may direct to fit him for the duties which he may be called upon to perform.
Titles of Auxiliary Police Forces
4.  An Auxiliary Police Force may adopt such title as may be agreed by the Commissioner and the employing authority.
Promotions
5.—(1)  There shall be established a Joint Promotions Board for each Auxiliary Police Force consisting of —
(a)a police officer, nominated by the Commissioner, who shall be the chairman;
(b)the officer-in-charge of that Auxiliary Police Force; and
(c)a representative of the employing authority.
(2)  Any person who has been invested with the powers of an auxiliary police officer and who is a member of an Auxiliary Police Force may be promoted by the Commissioner —
(a)after such auxiliary police officer has passed such examination or examinations as the Commissioner may consider necessary; and
(b)after consideration of the recommendations in respect of such auxiliary police officer made to the Commissioner by the Joint Promotions Board.
Discipline and punishment of auxiliary police officers
6.  Where an auxiliary police officer is found guilty by an officer authorised by a commanding officer to conduct disciplinary proceedings (referred to in these Regulations as an authorised officer) in respect of any of the following offences:
(a)absence from duty without leave or good cause;
(b)sleeping on duty;
(c)conduct to the prejudice of good order and discipline;
(d)cowardice in the performance of duty;
(e)disobedience of these Regulations, Auxiliary Police Standing Orders as provided in regulation 13 or any orders of a superior officer whether written or verbal;
(f)being unfit for duty through intoxication;
(g)insubordination;
(h)neglect of duty or orders;
(i)malingering;
(j)making in the course of his duty a statement which is false in a material particular;
(k)excess of duty resulting in loss or injury to any other person;
(l)any act of plunder or wanton destruction of property; and
(m)engaging in trade or other employment without the permission of the Commissioner,
the authorised officer may recommend to the employing authority that such auxiliary police officer be dismissed or punished with any of the following punishments:
(i)reduction in rank, grade or seniority;
(ii)deferment or stoppage of increment;
(iii)reprimand;
(iv)caution; or
(v)extra duty,
and in lieu of or in addition to any of the aforesaid punishments, may recommend to the employing authority the imposition of a fine not exceeding $100 or forfeiture of not more than one month’s pay, except in the case of absence without leave or good cause when, in addition to any other punishment, he may recommend forfeiture of pay in respect of the period of absence or such lesser period as he may think fit.
Appeal
7.  An auxiliary police officer may appeal to the Commissioner against any finding or punishment under these Regulations within 30 days from the date of such finding or punishment, and in every case where an appeal has been lodged, any punishment awarded shall be suspended pending the determination of the appeal.
Suspension of auxiliary police officer
8.  If the Commissioner or a commanding officer thinks it necessary in the public interest that an auxiliary police officer should cease to exercise the powers and functions of a police officer instantly, he may suspend such auxiliary police officer, pending any enquiry into his conduct under these Regulations.
Power to secure attendance of witnesses
9.  Any authorised officer conducting disciplinary proceedings under these Regulations may apply to a Magistrate for a summons to secure the attendance before such officer, as a witness, of any person who appears to be acquainted with the circumstances of the case. The Magistrate may issue a summons accordingly and such witness shall be bound to attend at the time and place mentioned in the summons and shall be bound to answer truly all questions relating to such case as may be put to him by such authorised officer, and shall produce all documents relevant to such case:
Provided that nothing in this regulation shall be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production, as the case may be, on the ground of privilege if the proceedings had been held in any court.
Prosecution for disciplinary offences
10.—(1)  An auxiliary police officer accused of any of the offences specified in regulation 6 (referred to in these Regulations as the officer concerned) may, instead of being punished by the imposition of any of the punishments specified in regulation 6 be prosecuted in court, and in such event shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both.
(2)  No such prosecution shall be instituted without the previous sanction in writing of the Commissioner.
Disciplinary charges
11.—(1)  Every charge shall describe the offence in the terms of regulation 6 in such manner as to identify the act or omission complained of.
(2)  Where there are two or more distinct offences, a separate charge shall be framed in respect of each offence and a separate finding shall be made on each charge:
Provided that where more than one offence is committed in the course of the same transaction, only one charge shall be framed in respect of the most serious offence disclosed.
(3)  More auxiliary police officers than one may be dealt with together for the same or different offences if committed in the course of the same transaction.
(4)  The charge may be amended or altered at any time before the finding, but the officer concerned shall be informed of the amended or altered charge and shall be given full opportunity to cross-examine or give or call evidence to meet such new charge.
(5)  An auxiliary police officer charged with an offence may be punished for having attempted to commit, or having abetted the commission of such offence.
Procedure at disciplinary inquiries
12.—(1)  Every disciplinary inquiry under these Regulations shall be conducted by an authorised officer.
(2)  The charge shall be read out to the officer concerned and if necessary explained to him. He shall then be called upon to plead to the charge.
(3)  If the officer concerned pleads guilty —
(a)the authorised officer shall record briefly the facts in support of the charge and shall explain them to him;
(b)the officer concerned shall then be invited to make any statement he wishes in extenuation of the offence, and such statement shall be recorded, or if he has nothing to say such fact shall be recorded; and
(c)the authorised officer may then accept the plea, record a finding of guilt and recommend to the employing authority punishment in respect of the offence.
(4)  (a)  If the officer concerned does not plead guilty or refuses to plead, the authorised officer shall examine the witnesses in support of the charge and their evidence shall be recorded:
Provided that when the evidence of such witness has been previously recorded in writing by a police officer or an auxiliary police officer acting in the course of duty, it shall be sufficient if the authorised officer reads over the record of such evidence to the witness who shall be required to confirm or if he so desires to add to or retract from such evidence. Every such written record so read over to a witness shall, if necessary, be interpreted to the officer concerned and endorsed in the manner required by paragraph (8).

(b)The officer concerned shall be invited to cross-examine the witnesses and examine any documentary evidence.

(c)A witness may be re-examined on matters arising out of any cross-examination.

(5)  If, after hearing the witnesses in support of the charge, the authorised officer finds that no case has been made out against the officer concerned, he shall dismiss the case, but otherwise he shall call on the officer concerned for his defence.
(6)  If called on for his defence, the officer concerned may give evidence or submit a written statement, and may call witnesses, or he may remain silent. If the officer concerned gives evidence, he may be cross-examined, but not as to character or offences not charged, and he may make any explanatory statement on any point arising out of his cross-examination. His witnesses may be cross-examined, including cross-examination as to credibility, and he may re-examine them.
(7)  The authorised officer shall, on the evidence, record a finding of guilty or not guilty. If he finds the officer concerned guilty, the officer concerned shall be invited to make any statement he wishes in extenuation of the offence. Such statement shall be recorded, or if he has nothing to say, such fact shall be recorded. The procedure set out in paragraph (3)(c) shall then be applied in respect of the recommendation for punishment.
(8)  All evidence shall be given in the presence of the officer concerned and shall, if in a language not understood by him, be interpreted to him. Evidence shall be recorded in writing and shall be completed by the following endorsement:
Read over to the witness and stated by him/her to be correct.
*[Interpreted to the officer concerned by.............................
in the..........................................language.]
*If applicable.
Signature................................Authorised Officer.
”.
(9)  The authorised officer shall at all times satisfy himself that the officer concerned understands the nature and effect of the proceedings and has a proper opportunity to defend himself.
(10)  The authorised officer may for sufficient reason adjourn any disciplinary inquiry from time to time.
Auxiliary Police Standing Orders
13.  The officer-in-charge of an Auxiliary Police Force may from time to time issue orders to be called “Auxiliary Police Standing Orders”, not inconsistent with the provisions of the Act or these Regulations, and with the concurrence of the employing authority, for the control, direction and information of the Auxiliary Police Force in his command. It shall not be necessary to publish such Standing Orders in the Gazette.
Uniforms and equipment
14.  Auxiliary police officers shall be provided with such uniforms and equipment and shall wear such badges of rank as may be agreed by the Commissioner and the employing authority and laid down in Auxiliary Police Standing Orders.
Arms and ammunition
15.  Auxiliary police officers shall be provided with such staves, arms, ammunition and other accoutrements as the Commissioner may consider necessary for the effective discharge of their duties. Such staves, arms, ammunition and other accoutrements shall be kept and used in the manner provided by the Auxiliary Police Standing Orders.
Auxiliary police officers to obey lawful orders
16.  Every auxiliary police officer shall obey all lawful orders whether given verbally or in writing and shall obey and conform to Part IX of the Act, these Regulations and the Auxiliary Police Standing Orders applicable to him.
Establishment of auxiliary police associations
17.  One or more auxiliary police associations may be established providing that —
(a)the extent of the membership by rank in any one association is approved by the employing authority and the Commissioner, and the membership in each association is confined to ranks so approved; and
(b)not more than one association is established for auxiliary police officers of the same rank.
Rules of associations
18.  The rules of any auxiliary police association shall be subject to the approval of the employing authority and of the Commissioner and such rules shall provide for —
(a)the election of a committee to transact the business of the association between general meetings;
(b)the election of sub-committees for such purpose as the association may consider necessary;
(c)the convening of general and extraordinary general meetings of the association;
(d)the convening of committee and sub-committee meetings;
(e)the notice which shall be given to members as to every kind of meeting;
(f)the powers, including the financial powers, of committees and sub-committees;
(g)the quorum at any meeting in the case of a committee meeting to be at least one-half of the number of the members of that committee and, in the case of a general meeting, to be at least one-quarter of the total number of the members of the association;
(h)minutes of the meetings and other records to be kept in a language approved by the employing authority and the Commissioner;
(i)debates and discussions at all meetings to be conducted either in the English language or in the Malay language or in both such languages, as the employing authority and the Commissioner may direct at the time they approve the rules of the association;
(j)voting at all meetings to be by a show of hands;
(k)the employing authority, the Commissioner and the officer-in-charge of the Auxiliary Police Force concerned to be informed of the names of all auxiliary police officers elected to committees or sub-committees immediately upon their election;
(l)moneys to be levied by the association from its members or otherwise only with the consent in writing, given generally or on a specific occasion, by the employing authority and by the Commissioner;
(m)the employing authority and the officer-in-charge of the Auxiliary Police Force concerned to be given notice of all meetings of the association and of its committees and to be provided with copies of the minutes of all meetings of the association and of its committees;
(n)the employing authority or the Commissioner to be empowered to summon a general meeting of the association or a committee meeting or a sub-committee meeting by giving in writing 7 days’ notice thereof or such shorter notice as may be provided in the rules of the association;
(o)the employing authority, the Commissioner or any police officer authorised by the Commissioner or the officer-in-charge of the Auxiliary Police Force concerned to be empowered, at their discretion, to attend any meeting and to be heard;
(p)such other matters as may be necessary for the proper working of the association; and
(q)any rules of the association to be amended as the employing authority or the Commissioner may direct.
Dissolution
19.—(1)  The Commissioner, after consultation with the employing authority, may by notice in writing dissolve any auxiliary police association —
(a)if it contravenes these Regulations or its own rules; or
(b)if, in his opinion, it does not represent the class of auxiliary police officers for which it was established; or
(c)if, in his opinion, it acts in any manner prejudicial to the interests, good order or discipline of the Auxiliary Police Force.
(2)  Where the Commissioner has dissolved an auxiliary police association under paragraph (1), any auxiliary police officer, who on the date of such dissolution was an office-bearer of such association, shall during a period of two years from such date be ineligible, except with the written permission of the Commissioner, to be elected as an office-bearer of any auxiliary police association or to act as such an office-bearer.
Appeals
20.  Any auxiliary police association aggrieved by the decision of the Commissioner may appeal in writing to the Minister.
Making of representations
21.—(1)  Any representation by an auxiliary police association affecting its members shall be made in writing to the officer-in-charge of the Auxiliary Police Force concerned, who shall consider the representation and take such action thereon, which may include reference to the employing authority or to the Commissioner or to both, as he thinks fit. The officer-in-charge of the Auxiliary Police Force shall inform the association of his action and, if the association so requests, shall forward to the employing authority or to the Commissioner or to both, a report together with any written representation made to him by the association.
(2)  In any case where the committee or representatives of an auxiliary police association are required to attend a meeting with, or are permitted to make oral representations to, a Minister or officers of the Government, the employing authority and the Commissioner shall be entitled, either themselves or by representatives as they may decide, to be present and to be heard.
Association business not to be conducted during duty hours
22.  Members of the committees or sub-committees shall not conduct the business of an auxiliary police association during normal duty hours except with the permission of the officer-in-charge of the Auxiliary Police Force concerned.
No auxiliary police officer to go on strike
23.  No auxiliary police officer who is a member of an Auxiliary Police Force shall go on strike or induce, persuade or encourage another auxiliary police officer to go on strike.