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Police Officers 

Statutory Duties and the Implication of Capacity 

Section 10 of the Police Force Ordinance (Cap. 232) (PFO) sets out the duties of the Police Force. Chapter 6 of the Police General Orders (PGO) requires officers to “maintain a standard of physical fitness commensurate with his/her duties as a police officer and shall take all reasonable steps that may be required of him/her by the Commissioner to maintain such a standard of fitness. To this end, a police officer is required to be temperate in his/her habits”, but there is no mention of mental capacity in the PGO. This is likely because of the relatively earlier retirement age enjoyed by police officers (i.e. in the 50s), which reduces the likelihood of an officer becoming mentally incapacitated due to old age.  

 

Nevertheless, a police officer, who is mentally incapacitated, may be interdicted from duties instead. This is assessed on a case-by-case basis.   

 

Interdiction from Duty 

"Interdiction" is the administrative tool used to immediately neutralize the risk posed by an officer suffering from mental incapacity. As defined in Police General Orders (PGO) Chapter 6, interdiction means an officer is “no longer permitted to discharge his/her constabulary duties”.    

 

When an officer manifests signs of mental instability, this may be the cause of an inquiry into his conduct in connection with his duties as a police officer. The Commissioner may utilize Section 17 of the PFO to interdict the officer if her considers that the public interest requires the police officer be interdicted.  

 

Unfit for Duty 

If the unfitness arises from a genuine medical condition, it is treated as a medical matter managed under CSR 940 (Medical Boards)

 

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