Vigilante Corps Regulations

Vigilante Corps Act

(Chapter 343, Section 31)

Rg 2

REVISED EDITION 1990

(25th March 1992)

[26th May 1983]

PART I

PRELIMINARY

Citation

1. These Regulations may be cited as the Vigilante Corps Regulations.

Ranks

2. The ranks of the Vigilante Corps in order of seniority shall be —

(a)

Officers:

(i)	Commandant;
(ii)	Deputy Commandant;
(iii)	Senior Assistant Commandant;
(iv)	Assistant Commandant;
(v)	Unit Leader; and
(vi)	Assistant Unit Leader.

(b)

Subordinate Officers:

(i)	Senior Warrant Officer;
(ii)	Warrant Officer I;
(iii)	Warrant Officer II;
(iv)	Staff Sergeant;
(v)	Sergeant;
(vi)	Corporal;
(vii)	Lance Corporal; and
(viii)	Vigilante.

Uniform, equipment, etc., issued

3. The uniform, equipment or other property issued to a member of the Corps shall be as determined by the Commandant.

Maintenance of uniform, equipment, etc., issued

4. A member of the Corps shall look after and maintain any uniform, equipment or other property issued to him and he may be required to account for it at any time to the Commandant.

Training

5. A member of the Corps shall attend such course of instruction and undergo such training as may be required by the Commandant.

Promotion

6.—(1) Promotion to any substantive rank in the Corps shall be by selection.

(2) Promotion to any rank may be on probation for such period as may be specified by the Commissioner.

Seniority

7. Members of the Corps of each rank shall hold seniority amongst themselves according to the dates of promotion or enlistment in their respective ranks.

PART II

DISCIPLINARY PROCEEDINGS AGAINST SUBORDINATE OFFICERS

Complaint against subordinate officer

8.—(1) Every complaint against a subordinate officer shall be made to an officer.

(2) Every complaint shall be in writing and shall be signed by the complainant.

(3) Every complaint made against a subordinate officer shall be investigated forthwith by a police officer of or above the rank of corporal or by a member of the Corps holding a rank higher than that held by the alleged offender.

(4) If as a result of the investigation there is reason to believe that the subordinate officer has committed a breach of any of the offences specified in the Schedule to the Act, the Commandant shall appoint a disciplinary officer to inquire into the charge.

(5) The disciplinary officer shall, without delay, inform the subordinate officer of the charge against him and begin to deal with it.

Procedure at hearing

9.—(1) The disciplinary officer shall first read and, if necessary, explain the charge to the accused.

(2) The accused shall be asked whether he admits or denies the charge.

(3) If there are two or more charges, the accused shall be called upon to plead separately to each charge and each plea shall be separately recorded for each charge.

(4) The disciplinary officer may amend a charge at any time before he gives his finding.

(5) A charge, if amended, shall be read and explained to the accused and he shall be called upon to plead anew to the amended charge.

Hearing

10. If the accused denies the charge, the disciplinary officer shall examine every witness who gives any evidence against the accused and shall give the accused an opportunity to cross-examine any witness giving such evidence. The disciplinary officer shall hear all evidence given by or on behalf of the accused. The disciplinary officer may cross-examine the accused or any witness called by the accused.

Charge not proved

11. As soon as practicable after the conclusion of any inquiry if the disciplinary officer is of the opinion that the charge has not been substantiated, he shall dismiss the charge.

Penalties

12. If the accused admits the charge or, in any case where he does not admit the charge, if the disciplinary officer, after holding an inquiry into the charge, finds it to be well founded, the disciplinary officer may after considering any mitigation made by the accused, impose on the accused any of the punishments specified in section 16(1) of the Act.

Recording of evidence

13. Evidence given at the inquiry need not be recorded in the form of question and answer and may be taken down in the form of a narrative.

Adjournment

14. The disciplinary officer may adjourn the hearing of any proceedings if he thinks it necessary in the interest of justice.

Admissibility of evidence

15. At the inquiry, the disciplinary officer shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any law relating to evidence but may inform himself on any matter in such manner as he thinks fit.

Appeal

16. A subordinate officer who is dissatisfied with any decision made by a disciplinary officer under regulation 12 may appeal to the Commanding Officer against that decision in accordance with section 16(3) of the Act.

PART III

DISCIPLINARY PROCEEDINGS AGAINST OFFICERS

Disciplinary proceedings against officers

17.—(1) If a complaint of misconduct is made against an officer, the Commanding Officer shall cause the complaint to be investigated by an officer more senior than the officer who is being investigated or by a police officer of or above the rank of Inspector (referred to in these Regulations as the investigator).

(2) The investigator shall examine the complaint and submit a report to the Commanding Officer. If the Commanding Officer after considering the report of the investigator is of the view that the complaint warrants disciplinary proceedings to be taken against the officer, he shall appoint a Disciplinary Board (referred to in these Regulations as the Board) to hear and determine the complaint.

(3) The Board shall consist of the following members:

(a)	a chairman who shall be the Commandant or a police officer of or above the rank of Superintendent; and
(b)	two officers of or above the rank of Assistant Commandant in the Corps or two police officers of or above the rank of Assistant Superintendent; or
(c)	an officer in the Corps of or above the rank of Assistant Commandant and a police officer of or above the rank of Assistant Superintendent.

(4) The officer concerned may appeal to the Commanding Officer against the composition of the Board as being prejudicial to an impartial inquiry. If the Commanding Officer is satisfied that there are good grounds for the objection, he shall alter the composition of the Board.

(5) The Board shall serve on the accused a notice containing a copy of the charge. The accused shall be required to state in writing within a time specified in the notice whether he admits or denies the charge.

(6) The Commanding Officer shall appoint a police officer of or above the rank of Inspector or an officer in the Corps to present the case for the prosecution to the Board.

(7) At the hearing before the Board, the accused may appear in person or may be represented by an officer in the Corps.

(8) If the accused denies the charge, or if he fails to state in writing whether he admits or denies the charge within the time specified in the notice, the Board shall fix a time and date and a place where the charge will be inquired into and shall notify the accused accordingly.

(9) If the accused without reasonable justification fails to attend at the time and date and place so fixed, the Board may proceed to determine the charge against the accused in his absence.

Procedure at inquiry

18. At the inquiry the following procedure shall be observed:

(a)	the charge shall be read and explained to the accused and he shall be asked to plead to the charge and his plea shall be recorded;
(b)	if there are two or more charges he shall be called upon to plead separately to each charge and each plea shall be separately recorded in respect of each charge;
(c)	the prosecuting officer shall examine the prosecution witnesses and the accused shall be permitted to cross-examine any of the prosecution witnesses;
(d)	the accused shall be permitted to give evidence on his own behalf and may call witnesses in his defence;
(e)	the accused and his witnesses may be cross-examined by the prosecuting officer;
(f)	the evidence of each witness at the inquiry need not ordinarily be recorded in the form of question and answer and may be taken down in the form of a narrative;
(g)	after the conclusion of the inquiry, the Board shall submit a report of its findings and recommendations to the Commanding Officer. The Commanding Officer shall consider the report and mitigation (if any), and if he is satisfied that the charge against the accused has been proved, impose on the accused any of the punishments specified in section 17(1) of the Act.

Amendment of charge

19. A charge may be amended at any time before the Board makes its findings. The charge, if amended, shall be read and explained to the officer and he shall be called upon to plead anew to the amended charge and to justify any demand he may make for additional time to prepare his defence.

Adjournment

20. The Board may adjourn the inquiry at any time if it considers it necessary in the interest of justice.

Admissibility of evidence

21. At the hearing, the Board or the Disciplinary Officer shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence but may inform itself or himself on any matter in such manner as it or he thinks fit.

Procedure

22. The Board may regulate the procedure at any inquiry under this Part as it thinks fit.

Admission of charge

23. If the accused admits the charge, the Board shall submit a report of its findings and recommendations to the Commanding Officer. The Commanding Officer shall consider the report and mitigation (if any), and may impose on the accused any of the punishments specified in section 17(1) of the Act.

Minor offence

24.—(1) Where a complaint made against an officer is in the opinion of the Commanding Officer of a minor nature, the Commanding Officer may, instead of appointing a Board pursuant to regulation 17(2), appoint a Disciplinary Officer to hear and determine the complaint.

(2) The Disciplinary Officer referred to in paragraph (1) shall be a police officer of or above the rank of Assistant Superintendent or an officer in the Corps holding a rank higher than that held by the alleged offender.

(3) The procedure to be followed at the hearing referred to in paragraph (1) shall be the same as that adopted by a Disciplinary Officer at the hearing of a subordinate officer under Part II.

(4) If the accused admits the charge, the Disciplinary Officer shall submit a report of his findings and recommendations to the Commanding Officer. The Commanding Officer shall consider the report and may, after considering any mitigation made by the accused, impose on the accused any of the punishments specified in section 17(1) of the Act.

(5) Where the accused does not admit the charge, the Disciplinary Officer shall, after conducting the hearing referred to in paragraph (1), submit a report of his findings and recommendations to the Commanding Officer. The Commanding Officer shall consider the report and mitigation (if any), and if he is satisfied that the charge against the accused has been proved, impose on the accused any of the punishments specified in section 17(1) of the Act.

Appeal

25. An officer who is dissatisfied with any decision made by a Commanding Officer under regulation 18(g), 24(4) or 24(5) may appeal to the Commissioner against that decision in accordance with section 17(2) of the Act.

PART IV

MISCELLANEOUS

General orders

26. The Commissioner, the Commanding Officer or the Commandant may, subject to the Act and these Regulations, issue general orders in respect of detention barracks and persons serving detention.

Remission

27.—(1) Subject to paragraph (3), a person serving detention shall be entitled to have part of his sentence remitted in accordance with the following provisions:

(a)	if his sentence does not exceed 30 days — nil;
(b)	if his sentence exceeds 30 days — a period equal to the number of days by which the sentence exceeds 30 days.

(2) For the purposes of calculating the remission, a part of a day shall be ignored.

(3) The whole or any part of the remission may be withdrawn by the Commissioner on the recommendation of the Commandant by reason of the misbehaviour of a person serving detention.

How fine recovered

28. The manner of payment of a fine imposed under section 16(1)(b) of the Act shall be in the discretion of the disciplinary officer or the Commanding Officer, as the case may be. A disciplinary officer or the Commanding Officer may order a fine to be paid in one lump sum or that it be paid by instalments to be deducted from the accused’s pay.

Restriction of privileges

29. A member of the Corps whose privileges have been restricted shall —

(a)	answer roll call every two hours daily between 0600 hours and 2200 hours or at such other times as may be prescribed by orders issued from time to time by the Commandant and thereafter, except when on duty, shall remain in barracks until roll call the next day;
(b)	forfeit his weekend home leave during the period of restriction;
(c)	be employed on fatigue duties outside normal working hours up to a maximum of two hours a day;
(d)	perform one extra guard duty not exceeding 6 hours each day; and
(e)	not be allowed the use of the unit canteen.

Stoppage of leave

30. When a sentence of stoppage of leave is awarded, a member of the Corps shall not be given any leave of absence during the term of the sentence, unless in such exceptional circumstances as the Commissioner, the Commanding Officer or the Commandant otherwise directs.

Extra duty and drill

31.—(1) A sentence of extra duty and drill may include the performance by a member of the Corps each day —

(a)	of an extra period of duties (not exceeding one hour) over and above his normal daily duties;
(b)	of any other useful work for a period not exceeding one hour; and
(c)	of extra drill, for a period not exceeding one hour.

(2) The punishment of extra duty and drill referred to in paragraph (1) shall not be carried out on a Sunday, but that day shall count towards the completion of the term of the punishment.

Legal proceedings

32. If any legal proceedings are instituted against a member of the Corps in connection with any matter arising out of his official duties, he shall forthwith report the same to the Commandant.

Restriction on receipt of articles of value

33. No member of the Corps shall, by reason of his being such a member, receive any gift or article of value as a present without the prior permission in writing of the Commissioner.

Restriction on meetings and petitions

34. No meeting of members of the Corps shall be held, nor shall any petition be written by or on behalf of any member of the Corps concerning any matter affecting the discipline or promotions of the members of the Corps.

Restriction on public announcements concerning the Police Force and Vigilante Corps

35. No member of the Corps shall publish or cause to be published or otherwise make public any information concerning the Police Force or the Vigilante Corps without the prior approval in writing of the Commissioner.

Saving

36. Nothing in these Regulations shall be construed to prevent the prosecution, conviction and punishment of any member of the Corps in accordance with the provisions of any other written law for the time being in force.

LEGISLATIVE HISTORY

Vigilante Corps Regulations

This Legislative History is provided for the convenience of users of the Vigilante Corps Regulations. It is not part of these Regulations.

G. N. No. S 135/1983—Vigilante Corps Regulations 1983

Date of commencement

Date not available