### Government Flying Service Ordinance 《政府飛行服務隊條例》

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).

### Government Flying Service Ordinance 《政府飛行服務隊條例》

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.

### Government Flying Service Ordinance 《政府飛行服務隊條例》

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.