14
Record of a discussion between Sir James McPetrie, Mr. Denya Roberts, Attorney-General Hong Kong and
Sir Arthur Grattan Bellew, on 26 July 1968
す
Disciplinary Proceedings, Hong Kong
During the discussion the following points were made.
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There was no objection to a provision being included in the local regulations providing that the tribunal should not be bound by the laws of evidence.
It was thought that on the whole it would be preferable not to prescribe in the regulations any form of question to be put to the tribunal or the form of the tribunal's report. Flexibility it was thought was desirable end it should be for the lay officera to decide in each case if any directions should be givon to the tribunal on these matters. All that would be required in the regulations would be a general provision pormitting the Governor in any case where he considered it appropriate to give the tribunal directions in these matters. Hong Kong draft Establimbment
Regulation 515(6) would need omendment accordingly.
It was agreed that fr. Roberts should re-draft the Hong Kong proposed new Colonial Regulation 60. It was also agreed that there was no objection to this regulation being in wide termo enablint the Governor to retire any official when it was in the public interest to do so. This would enable' an officer who had boon acquitted of corruption to be retired because he has fallen luko disrepute with his colleagues and the public as a recult of, for example, his irresponsible or 11l-advised acts, The regulation would also permit the Governor to retire an officer who had besp acquitted of corruption and was held in had repute even though his bad repute was not the result of any act on his part. It is suggested that it is for consideration whether the Secretary of State would be prepared to agree to the regulation being used in (C. case of the latter type.
As regards substituting a right of appeal for the protection given by the requirement that a decision to impose punichment on a Secretary of State's officer required the Secretery of State's approval, it was agreed that if a right of appeal were to be given then it would be essential that the officer concerned was given a complete record of the disciplinary proceedings including a copy of the tribunal's report. Except in the rarest occasions a tribunol's report has always been held to be a confidential document, presumably on the grounds that if it very to be disclosed, it would inhibit a tribunal in expressing its views. It was agreed that reports of tribunals should continuo to be confidential and therefore the question of substituting a right of appeal should be dropped. Ir. Roberts stated that tha present definition of the category of officers in respect of virsa the Secretary of State's approval was required before any disciplinar punishment could be imposed (Col re.50) resulted in practice in a pe distinction being drawn because all Pritish ex-patriates come within the definition and fêusChinese officers did, He asks that consideration chould be given as to whether a definition could net be devised, perhaps on amount of salary, which would have the result of bringing more local Chinese officers within the categors
The Governor stated, in effect, in the discussions he had in London on 15 May that what he desired was the right, where an officer van acquitted of a criminal offence, to chargo him in disciplinary proceedings not on the same isnuon on which he h
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