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support the findings but endorsed the opinion of the Committee which considered the question of naturalisation that the disciplinary enquiry was conducted with absolute faimess to Sergeant Chu Leung.
Las
4. The extensive papers in this case have been examined by a Commonwealth Office Legal Adviser. In his view Sergeant Chu should not have been found guilty of the charges laid against him on the evidence available,which showed serious disprepancy and could have been fabricated. This conclusion is supported by the Deputy Police Adviser. The Legal Adviser expresses the view that the proper course would be to grant Sergeant Chu an ex gratia pension of the amount that he would have received by way of pension if he had retired at the Muse matters date of his dismissal in 1962. Our advisers on this in the Ministry of Overseas Development accept these views and suggest that Sergeant Chu Leung should be regarded as having been retired in the public interest in 1962.
These views must now be put to the Governor. Subjoet
My present 5. Thinking is to propose, for
Lord Shepherd's agreement, it is proposed that we should strongly represent it as the view of Ministers that
some remedial action should be taken. But what this action
might be raises some difficult points on which it will be necessary to consult further with Legal Advisers. Their advice is that Sergeant Chu should be awarded an ex gratia pension. As I understand the position, he could not, as the law stands, be reinstated, (he has, in any case, now passed the retirement age of 55) or, as the O.D.M. suggests, be oan be regarded as retired from the Service in the public
interest. These are points which we shall have to consider
in detail with the Governor.
6.
Meanwhile, Mr. Jenkin's Parliamentary Question has
to be answered. I submit a draft reply and Notes for Supplementaries separately on the P.Q. jacket below.
ins. S
Carter
(W.S. Carter)
6.11.67.