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7.
(c) the functions of a tribunal; and
(a) the degree of proof which should be regarded
as adequate and reasonable.
I have it in mind to initiate the framing of a code of disciplinary procedure which would provide that :-
8.
(a) the tribunal should adopt an inquisitorial
approach rather than that of adjudicating upon such facts as are laid before it;
(b) the tribunal should:-
(i)
subject to such directions as I may give, be able to determine its own method of procedure;
(ii) not be bound to observe the rules of
evidence;
(iii) be directed to make findings as to
fact and to offer opinion or comments on relevant matters;
(iv) make findings on the questions
submitted to it on a balance of probabilities, i.e. the burden of proof usually applied in civil cases;
(c) the Chairman or one member of the tribunal should
be an officer having legal qualifications.
If you approve of the introduction of a new code of disciplinary procedure, on these general lines, I should not normally expect to appoint a member of the Judiciary (save where required under Article XVIA of the Letters Patent) as chairman or a member of a disciplinary tribunal. Members of the Judiciary are so accustomed to applying rules of evidence in their daily work that it would hardly be fair to expect them to operate the method of procedure I have in mind. An officer having the necessary legal qualifications to sit on a tribunal can be obtained from the Attorney General's Chambers or the Registrar General's Department.
9.
I appreciate that these changes are radical and that it may well be necessary to discuss the draft with the three main local Civil Service Associations and to obtain their concurrence. I am confident that the Associations can be persuaded that these changes would be in the best interest of the Service and that the approval of the Associations could be obtained.
10.
The stage has now been reached where I must inquire whether you have any objection to my putting in hand the preparation of a code of disciplinary procedure based on the lines indicated in the enclosed Interim Report and this despatch. If you have no objection I propose to have such a code drafted and submitted to you for approval. There may also have to be some amendments to Colonial Regulations in their application to Hong Kong, to give effect to these proposals. In particular, I should like to be able to retire officers in the public interest, with accrued pension rights whono
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