For information
on 2 December 1996

LegCo Panel on Security
Disciplined Services Welfare Funds



Introduction

This paper informs Members of proposed legislative amendments to improve on the financial arrangements for welfare funds of the disciplined services.

Background

2. Welfare funds are provided in the disciplined services for the purpose of -

  1. promoting staff welfare through grants to support the organisation of departmental recreational activities, or the purchases of recreational equipment or facilities. This helps to maintain the morale and foster a greater sense of belonging in the disciplined services; and
  2. providing relief in the form of loans to officers in need of financial assistance, such as in the event of illness or domestic distress, and grants to dependants of deceased officers who are in need of financial assistance.

3. The disciplined services operate their welfare funds in accordance with their respective Ordinances, namely-

Royal Hong Kong Police Force

Police Force Ordinance (Chapter 232) and the Police (Welfare Fund) Regulations (subsidiary legislation, Chapter 232)

Customs and Excise Department

Customs and Excise Service Ordinance (Chapter 342) and the Customs and Excise Service (Welfare Fund) Regulations (subsidiary legislation, Chapter 342)

Correctional Services Department

Prisons Ordinance (Chapter 234) and the Prison Rules (subsidiary legislation, Chapter 234)

Fire Services Department

Fire Services Ordinance (Chapter 95) and the Fire Services Department (Welfare Fund) Regulations (subsidiary legislation, Chapter 95)

Immigration Department

Immigration Service Ordinance (Chapter 331) and the Immigration Service (Welfare Fund) Regulations (subsidiary legislation, Chapter 331)

Independent Commission Against Corruption

Independent Commission Against Corruption Ordinance (Chapter 204)

Government Flying Service

Government Flying Service Ordinance (Chapter 322) and the Government Flying Service (Welfare Fund) Regulation (Subsidiary legislation, Chapter 322)

Improvements to the Disciplined Services Welfare Funds

4. The Administration intends to introduce the following legislative amendments concerning the financial arrangements for the Disciplined Services Welfare Funds.

A. Regularization of current practices

5. It is proposed that the following sources of income should cease to be credited to the disciplined services welfare funds, but should instead be credited to general revenue-

  1. fines imposed on members of the disciplined services for disciplinary offences;
  2. sums forfeited by members of the service;
  3. unclaimed sums found or confiscated within the prisons;
  4. sums forfeited in the course of proceedings under Police Regulations; and
  5. illegal gratification given or offered to personnel.

6. The above sources of income should cease to be enjoyed by members of the disciplined services concerned because -

    items (a), (b) and (d) are as a result of fines and forfeitures arising from disciplinary proceedings. To credit such sums of money to the welfare fund of the service in which the officer works will mean that the officer will eventually be able to enjoy in part the benefits of the fines which arise from the disciplinary proceedings of the service. This is not appropriate; and

    items (c) and (e) are monies arising from the normal course of the duties of the officer concerned; hence they should more appropriately be credited to general revenue.

B.
Formalization of current practices

7. The existing sources of financing for the disciplined services welfare funds, other than public revenue, include donations and voluntary contributions; sums paid for the hire of officers or special services performed by officers; sums accrued from investment of the fund; gifts of money paid into the Fund with the Governor’s permission; and hire of service holiday facilities, etc. Also, it has been a practice to credit the funds paid for the hire of service of members of the Royal Hong Kong Auxiliary Police Force (RHKAPF) to the Police Welfare Fund, and that members of the RHKAPF could enjoy some benefits of the Police Welfare Fund. It is intended to formalize the current practices by proposing legislative amendments to the relevant Ordinance providing for the welfare funds.

Security Branch
November 1996


Last Updated on 21 August 1998