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8.
A second point that I would stress is that CHU took no steps to protest against the findings for three years.
In this kind of case such conduct
is totally inconsistent with innocence. Moreover, fairly strong ties of loyalty exist among the senior N.C.Os in the Force and had CHU been framed his fellow sergeants would almost certainly have known about it and protested against this unfair treatment.
9.
Thirdly, any move to recompense or reinstate CHU must become public knowledge and lead to publicity in the press. This would inevitably, in present circumstances, lead to serious political embarrassment. This is a point Sneath emphasised in his discussions and it is possible that Ministers may not have been made fully aware of the potentially serious consequences. The reputation of the Police Force as a whole and the Special Branch in particular would be exposed to a major threat if any favourable treatment were now accorded to CHU. Whatever the strength or weakness is of the case against him, as it came out at the disciplinary enquiry, he was then regarded by the Police Force and is still so regarded as a traitor. In particular the morale of the Special Branch would suffer. If they thought that this Government was weak in dealing with spies in their midst their confidence and efficiency would be sure to suffer.
10.
In this regard I think the equation of disciplinary with criminal proceedings can be carried too far. The objects of the two are different. Whilst the criminal law is designed to protect the community as a whole, a disciplinary code is designed to produce a disciplined body of men who will do their duty, obey their orders unhesitatingly even when they are repugnant or dangerous, and will resist pressure, exerted either by inducement or threat, to be disloyal. Even one person seen by his colleagues to have got away' with major disciplinary offences could have serious consequences on discipline and detract from the overall authority of the Commissioner.
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Fourthly any clemency accorded CHU would in present circumstances almost certainly cause serious political embarrassment with China, who would be able to complain to the United Kingdom Government that an act of serious provocation had been carried out in Hong Kong by granting clemency to a Nationalist spy.
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