立法数据库

影响环境的犯罪
     Part V
     Section 16 - 19
     Section 16 - 19
     

    原始案文

    PART V
    STAFF OF THE AUTHORITY AND MATTERS RELATING TO THE AUTHORITY’S PARAMILITARY FORCE

    16. Staff to acquire paramilitary training

    (1) The authority shall be composed of uniformed and disciplined personnel, recruited after having acquired requisite paramilitary training.

    (2) The authority shall observe strict paramilitary code of conduct, with clear organizational structure and paramilitary ranks as to be specified in the regulations to be issued by the Minister under section 16 of the Act.

    (3) All adopted civilian staff shall be bound to acquire paramilitary training in order to be retained by the Authority.

    (4) Every staff recruited under this section shall take and subscribe to the oath of allegiance.

    (5) A staff of the Authority shall be promoted to a subsequent rank after successfully acquiring appropriate training for the rank.

    (6) The Minister shall within the first six months from the commencement of this Act, cause to be issued the conditions and terms of service and the various grades-ranks and appointments in it; regulations providing for a code of conduct prescribing the standard of behavior to be observed by the members and employees of the Authority in the performance of their duties.

    (7) Every paramilitary member of the Authority shall have the powers and privileges as conferred upon other paramilitary forces by the provisions of their respective laws relating to the use of firearms and ammunition.

    (8) The Board may on such terms and conditions as it deems fit appoint such other employees, agents or servants of the Authority as may be necessary for the performance of the functions of the Authority.

    17. Matters relating to the Authority’s paramilitary force

    The Minister shall, after consultation with the relevant authorities responsible for defence and security and with the consent of the President and by regulations in the Gazette, provide for –
    (a) the description, use, acquisition of arms, ammunition, accoutrements, uniforms and other necessary supplies; and
    (b) Matters generally relating to the good order and administration and organizational structure of the paramilitary force.
    (c) the regulation of matters relating to discipline of the paramilitary force grades-ranks and appointments within the Authority;

    18. Possession and use of firearms

    (1) For the purpose of effective fulfillment of the functions of the authority under the Act, the servants of the authority shall, subject to provisions of the Arms and Ammunition Act, have the right to possess and use suitable and appropriate firearms and ammunition and they shall enjoy the powers and privileges as conferred upon other forces by the provisions of their respective laws relating to the use of firearms and ammunition.

    (2) Any authorized officer in the Authority in enforcing the provisions of this Act, may use a firearm against any person who, having committed an offence is-
    (a) escaping or attempting to escape arrest; or
    (b) resisting the arrest,

    Provided that the respective officer has reasonable grounds to believe that he cannot otherwise prevent the escape or safely desist the offender from resisting the arrest without endangering his life or that of other civilians, and has given a warning to such person that he is about to use such arm against him and such warning is unheeded.

    (3) Any authorized officer in the Authority in enforcing the provisions of this Act, may use a firearm against any person who –
    (a) by force prevents or attempts to prevent the lawful arrest of any other person; or
    (b) By force, rescues or attempts to rescue any other person from lawful custody.

    (4) Any authorized officer in the Authority in enforcing the provisions of this Act may use a firearm against any person where such authorized officer has reasonable grounds to believe that the officer or any other person is in danger of bodily harm.

    (5) Any authorized officer in the Authority in enforcing the provisions of this Act, may use a firearm against any person where such authorized officer has reasonable grounds to believe that the officer or any other person is in danger.

    (6) The power conferred on an authorized officer in the Authority shall be in addition to and not in derogation of any other power conferred to such officer by any other law.

    (7) Notwithstanding the provisions of subsection (I), paramilitary staff of the Authority shall, subject to the Arms and Ammunition Act or any other written law have the right to possess and use firearms.

    19. Prohibition of derogation from other laws

    The power conferred on an authorized officer in the Authority by section 18 shall be in addition to and not in derogation of any other power conferred to such officer by any other law.