I
C. 8, 20A
Irom the Governor, Hong Kong
SAVI
VING DESPATCH SANZKMG RAYA
for, Commonwealth Affairs
To the Secretary of State foxxxxColonies
Repeated to:
Repeated to:—
Dote 28th November, 1967................ My Reference........CR 2/2666/54IV
........
Your Reference.....
No.
540
No.
No.
Disciplinary Procedure
As you know, the amount of suspected corrupt practice in the Public Service in recent years has caused me considerable concern. I enclose for your information a note from the Chief Superintendent of Police in charge of the Anti-Corruption Branch, which gives an indication of the magnitude of the problem and the difficulties involved.
2.
The difficulties of dealing with corruption in the
· Public Service under present disciplinary procedures have been under consideration for some time by a Working Party set up by the Establishment Officer and composed of officers experienced in dealing with disciplinary matters and their views and recommendations are expressed in their Second Interim Report.
3.
I am enclosing a copy of the Report with which I am in general agreement, though there are points of detail upon which I have reservations. It is not necessary however to go into detail about these at this stage.
4.
It will be observed that the Report points out that the inquiry prescribed by Colonial Regulations involves a judicial rather than an inquisitorial approach. In practice, also, Tribunals have considered themselves bound by the rules of evidence' and this frequently causes the exclusion of matters most material to the inquiry.
5.
The unfortunate result of the factors in paragraph / has been that on occasions advice has been tendered by such Tribunals which have been tantamount to a verdict of acquittal of persons whose guilt would most probably have been established:-
4DEC1967
COM GATZALTH OFFICE, DEPLNJEKT TERRITORIES
DIVISION,
6.
(a) if the tribunal had adopted an inquisitorial approach rather than that of adjudicating on facts placed before it;
if the tribunal had considered itself free to admit evidence of certain matters which, but for the technical rules of evidence, should have been' admitted.
I feel that the time has come for a radical chango in :-
(a) the method of inquiry;
(b) the application of the rules of evidence to such
an inquiry;
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