Mr. Godden
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LEG. 66/06
Mr. Pullove When.
(AO
M. Rogelting,
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I attach f
the two notes asked for
in Mr. Godden's minute of 19 September.
20
As regards the point raised in paragraph (3)
of Mr. Godden's minute, Sergeant Chu was not
represented in the enquiry which led to his
dismissal. The enquiry was held under Section 31 of the Hong Kong Police Force Ordinance (Chapter 232). The Police (Discipline) Regulations made under that Ordinance do not provide for a non-commissioned officer or constable to be represented at
disciplinary proceedings against him, either by a fellow officer or by a lawyer. A member of the Inspectorate may be represented by a fellow inspector (but not by a lawyer), but this provision does not apply to non-commissioned officers or constables. Similarly, a member of the Inspectorate (but not an N.C.O. or constable) has a right of appeal to the Governor from a decision of the Commissioner of Police. Gazetted officers are dealt with under Colonial Regulations and the procedure is quite separate distinct.
3. I understand from the Deputy Police Adviser that the procedure followed in disciplinary matters varies from territory to territory but that in most territories non-commissioned officers and constables are in practice permitted to be represented by fellow police officers at disciplinary proceedings, if they so desire, whether or not the relevant legislation so provides.
4. As a result of his review of Sergeant Chu's case following the findings of the Committee of Enquiry under the British Nationality Act, the then Governor told us in 1963 that he was going to re- examine the provisions of the Police Force Ordinance relating to the dismissal of and appeals by N.C.O.s and constables with a view to providing for dismissal to be subject to the Governor's confirmation and for appeals from such police officers to lie to the Governor. As an interim measure the Governor proposed at the same time that the Commissioner of Police should in any case where dismissal was con- templated obtain legal advice before exercising his powers. I assume that this last named measure is already in force, but the first two measures would require amendments to the relevant legislation. So far as I can judge, however, no such amendments have yet been made to give effect to those measures. I suggest therefore that we should enquire from the Governor whether anything resulted from his pre- decessor's re-examination of the provisions of the Police Ordinance dealing with this subject. We could at the same time suggest to the Governor that N.C.0.s and constables should have the same rights
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