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formal proposal by the Government of Hong Kong and on the
actual papers, not merely on the Governor's say-so, as in his
telegram. We cannot complete this procedure before the 19th.
Nor would it be safe for the Governor to announce that this is
what he is recommending. This could, at least in theory,
produce another public conflict between the Governor and the
Secretary of State on the lines of the Tsoi case.
4. However, we have aie already agreed that another
regulation (Colonial Regulation 59) can also be used to retire
an officer compulsorily, in cases where he has been acquitted,
but where his reputation is such that his retention in the
public service is no longer in the public interest. We
suggested a formula in para 5 of FCO tel No 1000.
practical difference is that under Regulation 59
normally have a right to a pension.
5. We can and should agree now that
The only
would
retention is
clearly no longer in the public interest.
This will make it
possible for the Governor to announce on the 19th, if he
decides this is necessary, that
is to be retired.
He
can then send us his formal recommendation and the papers and
we can decide whether the use of Regulation 55 or 59 is
appropriate. This should meet the Governor's immediate need.
6.
I submit a draft telegram accordingly.
legal adviser has agreed.
The department's
18 October 1973
CONFIDENTIAL
AcStia
A C Stuart
Hong Kong & Indian Ocean Department
18/10