Cap. 322

An Ordinance to establish a Government Flying Service and to provide for connected purposes. [1 April 1993] L.N. 93 of 1993(Format changes—E.R. 5 of 2021) (Enacting provision omitted—E.R. 5 of 2021) Part I Preliminary 1. Short title (Amended E.R. 5 of 2021)(1) This Ordinance may be cited as the Government Flying Service Ordinance.(2) (Omitted as spent—E.R. 5 of 2021) 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—auxiliary member (輔助隊員) means a member holding an office in the auxiliary section of the Government Flying Service; call out (動員令) means a call out— (a) by the Chief Executive under section 10(1); or (Amended 71 of 1999 s. 3) (b) by the Controller under section 10(2); civil service provident fund scheme (公務員公積金計劃) means the Civil Service Provident Fund Scheme referred to in the government regulations; (Added 6 of 2009 s. 14)Controller (總監) means the Controller of the Government Flying Service appointed under section 6; desert (棄職) means, for a member— (a) with intent to avoid a call out, to depart from, or to fail to attend at, his place of duty without leave; (b) while on a call out or having been warned of a call out, with intent to remain permanently absent without leave, to depart from, or to fail to attend at, his place of duty without leave; or (c) while absent without leave, to manifest by his behaviour an intent to avoid a call out; disciplinary offence (違反紀律罪) means an offence prescribed by regulations made under section 13;disciplinary tribunal (紀律審裁體) means the Senior Officer appointed to hear and determine a disciplinary offence;eligible person (合資格人士), in relation to the Government Flying Service Welfare Fund, means a person referred to in section 16(a);government regulations (政府規例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Added 71 of 1999 s. 3)member (隊員) means a person holding an office designated by the Secretary as a Senior Officer or Officer and, subject to section 9(4), includes an auxiliary member;Officer (普通隊員) means a member holding an office designated as such by the Secretary; Public Service (Administration) Order (《公務人員(管理)命令》) means— (a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997); (b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and (c) any other regulation made or any direction given under that Order, as amended from time to time; (Added 71 of 1999 s. 3) reprimand (譴責) means the penalty awarded to a member found to have committed a disciplinary offence under this Ordinance which, in the opinion of the appropriate authority, warranted the imposition of that penalty; retirement benefits (退休福利), in relation to a person, means— (a) the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance (Cap. 89); (b) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap. 99); or (c) the part of that person’s beneficial interests in the civil service provident fund scheme that is attributable to sums derived from the voluntary contributions made by the Government, as employer, in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance (Cap. 485), together with the income, profits or losses arising from any investment of those sums and of such income or profits; (Added 6 of 2009 s. 14) Secretary means the Secretary for Security;Senior Officer (高級隊員) means a member holding an office designated as such by the Secretary and includes the Controller;severe reprimand (嚴厲譴責) means the penalty awarded to a member found to have committed a disciplinary offence under this Ordinance which, in the opinion of the appropriate authority, warranted the imposition of that penalty.(2) A reference to a person employed in the Government Flying Service includes—(a) a member; and(b) a person who is not a member but who is employed in a position as designated by the Secretary to assist in the functioning of the Government Flying Service. Part II Establishment of the Government Flying Service 3. Establishment of the Government Flying Service (1) This Ordinance establishes the Government Flying Service which shall perform the functions set out in section 5.(2) The expense of establishing and maintaining the Government Flying Service shall be met from moneys appropriated by the Legislative Council for the purpose. 4. Composition of the Government Flying Service (1) The Government Flying Service shall comprise Senior Officers and Officers of the designations set by the Secretary.(2) The Secretary shall publish the designations in the Gazette. 5. Functions of the Government Flying Service (1) The Government Flying Service shall provide flying services to the Government for such purposes as are incidental to the administration of Hong Kong.(2) Without limiting the general nature of the function of the Government Flying Service to provide flying services, the Secretary may direct the Controller to ensure that the Government Flying Service provides flying services—(a) to support the Hong Kong Police Force and other law enforcement agencies of Hong Kong in carrying out their law enforcement duties; (Amended L.N. 362 of 1997)(b) for search and rescue and casualty evacuation purposes;(c) to fight fires;(d) to conduct aerial surveys;(e) for medical services purposes;(f) to carry such persons as the Secretary may authorize as passengers; and(g) for any other purpose incidental to the matters set out in paragraphs (a), (b), (c), (d), (e) and (f).(3) In addition to the power to direct the Controller to provide flying services, subject to section 7(2), the Secretary may direct the Controller and other members of the Government Flying Service in the exercise of their duties and functions pursuant to this Ordinance.(4) Any person who is employed in the Government Flying Service (whether he is a member or not) shall be bound to comply with any direction given by the Chief Executive or the Secretary under this Ordinance and with the terms of a call out. (Amended 71 of 1999 s. 3) 6. Appointment of the Controller (1) The Chief Executive may appoint a person to be the Controller of the Government Flying Service.(2) The Chief Executive may compulsorily retire, or dismiss, a Controller in accordance with the provisions of this Ordinance and his conditions of service.(3) The Chief Executive may give notice in the Gazette of the appointment of a person as the Controller.(4) The Controller may resign by notice in writing to the Chief Executive which notice shall be effective when the Chief Executive accepts it.(Amended 71 of 1999 s. 3) 7. Powers and duties of the Controller (1) The Controller shall, subject to the direction of the Secretary, have the power to control the Government Flying Service in the carrying out of its functions of providing flying services to the Government.(2) The Controller and other members shall have a duty to ensure the safe operation of the Government Flying Service aircraft which duty shall take precedence over a duty to comply with any other direction given to him or to another member.(3) The Controller shall have the duty to ensure that the Government Flying Service provides flying services in accordance with the Secretary’s direction.(4) Subject to any direction of the Secretary and any instruction of the Controller, a Senior Officer designated by the Controller may carry out the functions and duties of the Controller and exercise any power exercisable by the Controller.(5) If the Controller is to be absent from duty, the Secretary may appoint a Senior Officer to act as Controller and shall publish notice of the acting appointment in the Gazette. 8. Terms of service (1) Subject to this Ordinance (including any regulation made under this Ordinance), persons employed in the Government Flying Service, including members other than auxiliary members, shall be employed on conditions in accordance with, and be subject to, the Public Service Commission Ordinance (Cap. 93), the Public Service (Administration) Order, government regulations, the Pensions Ordinance (Cap. 89) and the Pension Benefits Ordinance (Cap. 99). (Amended 71 of 1999 s. 3)(2) A member, other than the Controller, may resign from the Government Flying Service—(a) if he is on month to month terms of employment, by giving 1 month’s notice in writing to the Controller of his intention to resign;(b) if he is on permanent terms of employment, by giving 3 months’ notice in writing to the Controller of his intention to resign;(c) with the prior consent of the Controller, by paying to the Government 1 month’s salary instead of giving notice. 9. Auxiliary section (1) This section establishes the auxiliary section of the Government Flying Service.(2) The Chief Executive is the Commandant of the auxiliary section of the Government Flying Service. (Amended 71 of 1999 s. 3)(3) The Secretary may appoint a Senior Auxiliary Member who shall be responsible to the Controller for—(a) the administration; and(b) maintaining the esprit de corps,of the auxiliary section of the Government Flying Service.(4) The provisions of this Ordinance relating to members shall apply to auxiliary members subject to regulations made under section 18. Part III Control and Discipline of the Government Flying Service 10. Call out of the Government Flying Service (1) The Chief Executive may order a call out of the Government Flying Service, in whole or in part. (Amended 71 of 1999 s. 3)(2) The Controller may order a call out of the Government Flying Service, in whole or in part, for a period not exceeding 72 hours after which time the call out will lapse unless the Chief Executive has ordered a call out under subsection (1). (Amended 71 of 1999 s. 3)(3) The Controller shall publish notice of a call out in the Gazette as soon as practicable after a call out.(4) The purpose of a call out is to require members and other persons employed in the Government Flying Service to attend at duty and perform duty as ordered by the Controller or other officer authorized by the Controller. 11. Desertion A member who deserts commits an offence and is liable on conviction to imprisonment for 12 months and shall on conviction forfeit all arrears of pay then due to him. 12. Power of the Controller to make orders (1) The Controller may make orders not inconsistent with—(a) this Ordinance or any regulation made under it;(b) the Public Service (Administration) Order and government regulations except where that Order or those regulations are modified by this Ordinance or any regulation made under it; or (Amended 71 of 1999 s. 3)(c) any Ordinance, regulation or order governing civil aviation,for the matters set out in subsection (2).(2) The Controller’s orders may prescribe—(a) the control and operation of the Government Flying Service, including services to be performed by members;(b) requirements for training;(c) classifications and criteria for promotions;(d) the holding of inspections, drills, exercises and parades;(e) subject to any regulation made under this Ordinance, conditions relating to the provision of welfare to members;(f) the administration of aircraft, buildings, equipment, finance, furniture, grounds, stores and vehicles;(g) the form and requirement for reports, correspondence and records.(3) The Controller’s orders shall not be construed as subsidiary legislation for the purposes of the Interpretation and General Clauses Ordinance (Cap. 1). 13. Discipline regulation (1) The Secretary may by regulation provide for the following matters—(a) the control of discipline within the Government Flying Service;(b) the prescription of the acts and omissions that shall be disciplinary offences on the part of a member;(c) the procedure to be followed where the Controller believes that a member may have committed a disciplinary offence;(d) the preferral of a charge in relation to a disciplinary offence, the appointment by the Controller of a disciplinary tribunal and the hearing of the charge;(e) the imposition of punishment on a member found to have committed a disciplinary offence;(f) the review and appeal procedures, including appeals to the Secretary, to be taken on completion of disciplinary proceedings.(2) Without limiting the general nature of the matters set out in subsection (1), the Secretary may by regulation provide for—(a) the creation of offences relating to the control or discipline of members;(b) subject to paragraph (c), the punishment of members found by a disciplinary tribunal to have committed disciplinary offences which, if imposed by the Controller, may include—(i) the reduction in rank;(ii) the stoppage or deferral of an increment in salary;(iii) a fine not exceeding one month’s salary (excluding allowances);(iv) a severe reprimand or a reprimand; or(v) any combination of punishments in subparagraphs (i), (ii), (iii) and (iv),and if imposed by the Secretary, may include, in addition to those punishments, compulsory retirement with benefits or dismissal without benefits;(c) the review and appeal procedures on disciplinary action taken against any member, including the setting of time limits, the effect of failure to review and such other matters as may be necessary to ensure a fair and proper functioning of the disciplinary proceedings.(3) A member who is charged with a criminal offence may also be proceeded against for a disciplinary offence and the pleas of autre fois acquit and autre fois convict shall not be entertained by the disciplinary tribunal or the court in which such criminal proceedings are brought. 14. Summary dismissal and other penalties (1) The Controller may order the summary dismissal of a member where he finds that the member has been absent from duty without leave for a period exceeding 21 days.(2) In addition to any punishment imposed under a regulation, the Secretary may order the member to pay an amount not exceeding the cost of replacing or repairing Government or other property lost or damaged due to the fault of the member. Part IV Welfare Fund and Welfare Regulation 15. Establishment of the fund This section establishes a fund known as the “Government Flying Service Welfare Fund” which consists of—(a) any donation or voluntary contribution made to the fund;(b) such sums as may be voted by the Legislative Council;(c) gifts of money required under the notice from time to time given by the Chief Executive for the purposes of section 3 of the Prevention of Bribery Ordinance (Cap. 201) to be disposed of by being paid into the Government Flying Service Welfare Fund; and (Amended 10 of 2005 s. 217; 26 of 2012 s. 47)(d) such sums as may accrue as dividends or as interest from the investment of the fund. 16. Control of the fund The Controller shall control the Government Flying Service Welfare Fund subject to any regulation made under section 17 and shall apply the fund—(a) to procure benefits that are not chargeable to the general revenue for the following eligible persons—(i) members;(ii) former members who have retired with retirement benefits; (Amended 6 of 2009 s. 24)(iii) persons currently employed other than as members in the Government Flying Service (whether as public servants or otherwise);(iv) where a member, former member or a person currently employed at the time of his death other than as a member in the Government Flying Service (whether as a public servant or otherwise) has died, any person who was wholly or partially dependent on him at the time of his death;(v) dependants of members, of former members who have retired with retirement benefits and of persons currently employed other than as members in the Government Flying Service (whether as public servants or otherwise); (Amended 6 of 2009 s. 24)(b) to make loans to eligible persons; and(c) to make grants to eligible persons who are in need of financial assistance. 17. Welfare regulation The Secretary may by regulation provide for the administration of the Government Flying Service Welfare Fund. Part V General Regulation 18. General regulation The Secretary may by regulation provide for—(a) the equipment of members and payment of equipment allowances to members;(b) the insuring of members in the carrying out of their duties;(c) conditions as to leave of absence from Hong Kong by members;(d) the award of decorations for efficiency or for long or meritorious service;(e) the prohibition or restriction on persons who are not members from wearing the uniform or other accoutrements of the Government Flying Service or otherwise representing themselves to be members;(f) the functioning of the auxiliary section of the Government Flying Service;(g) the appointment of an honorary Commander of the auxiliary section of the Government Flying Service;(h) the procedure for appointment of auxiliary members;(i) the age for appointment, terms of service and re-engagement of auxiliary members;(j)-(m) (Repealed 20 of 1997 s. 14)(n) such other matters as may be necessary to allow the auxiliary section of the Government Flying Service to function;(o) the establishment and administration of a reserve of persons who may be called up by the Secretary to assist the Government Flying Service from time to time and the conditions under which they may be called up to serve;(p) restrictions on members and former members from publishing material or giving lectures on matters relating to the Government Flying Service;(q) such other matters as may be necessary or expedient for rendering the Government Flying Service and the Controller efficient in the discharge of its or his functions and duties; and(r) generally carrying into effect the provisions of this Ordinance. Part VI Repeal, Savings and Transitional 19. Repeal and savings (1) The Royal Hong Kong Auxiliary Air Force Ordinance (Cap. 198) is repealed.(2) (Omitted as spent—E.R. 5 of 2021)(3) Notwithstanding the repeal of the Royal Hong Kong Auxiliary Air Force Ordinance (Cap. 198) and the amendment of the Ordinances listed in the Schedule, the rights subsisting immediately before the commencement* of this Ordinance under any of those Ordinances of a member or former member of the Royal Hong Kong Auxiliary Air Force shall not be affected by the repeals and section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) shall generally apply. Editorial Note: * Commencement date: 1 April 1993. 20. Transitional (1) A person who was a member of the Royal Hong Kong Auxiliary Air Force and who continues to serve as a member or auxiliary member of the Government Flying Service shall—(a) be transferred to the position equivalent to his rank at the time of the commencement* of this Ordinance as the Secretary may by regulation prescribe; and(b) be credited with the seniority in the Government Flying Service as he held in the Royal Hong Kong Auxiliary Air Force.(2) The property of the Royal Hong Kong Auxiliary Air Force immediately before the commencement of this Ordinance is transferred by operation of this section to the Government Flying Service. Editorial Note: * Commencement date: 1 April 1993. Schedule (Omitted as spent—E.R. 5 of 2021)