HKK 14/17
319A
CONFIDENTIAL
Mr Champion (GGD)
Miss Kell (HKIOD)
Kelly
منا
I ape entirely with
his paranapt 2
разанарь
HONG KONG : CORRUPTION
1.
I hav
Suggested
below.
specifically with
M. Rushfud
mina amuned was und
of the drawler B
vuy
the drait submissin and pare 2
JsChandi
6/6/73
As regards section 7 of the Pensions Ordinance, where an officer is removed under C.R.55, it would be possible to grant a pension under the law as it now stands if the Secretary of State, when signifying Her Majesty's pleasure, stated that the officer's service was being terminated on the grounds specified in the section.
2.
However Her Majesty's pleasure may be signified to terminate the appointment without cause assigned, in which case section 7 would not be applicable. This is presumably the reason for the proposal in paragraph 10 of telegram No 1180, to which I think we might agree.
3. I have ventured to suggest shortening paragraph 2 of the draft telegram. Ferhaps paragraph 3 might begin:-
'We accept the force of your para 6, but dislike the amendment
proposed in your para 7, since it abandons the principle under- lying the present C.R.62, and our suggested amendment, that a mere disciplinary tribunal set up by administrative action should not be able to depart from a finding of a court of law favourable to an individual officer.
In any case it would....
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#1
Pan - 4
6 November 1973
CONFIDENTIAL
A.R..R.
A R Rushford
Deputy Legal Adviser
PaPMIL
12/11