GR 335
IMMEDIATE
CYPHER CAT A
FM HONG KONG 290705Z
SECRET
SECRET
HKA 442/393/4
RALLIVED IN PARO. 51 29 MAR 1973
No
But Taken
TO IMMEDIATE F C O TELNO 383 OF 29 MARCH 1978
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON (PERSONAL FOR COMMISSIONER)
FOLLOWING FOR STEWART HKGD.
MY TELNO 371: YAUMATEI.
CAE
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A MEETING WAS HELD AT GOVERNMENT HOUSE THIS MORNING TO CONSIDER
A SPECIAL BRANCH ASSESSMENT OF THE LIKELY REACTIONS TO OUR PLAN
FOR DEALING WITH THE YAUMATEI CASE. A COPY OF THE ASSESSMENT
FOLLOWS BY BAG.
2. IN ORDER TO MITIGATE SOME TO THE POSSIBLE PROBLEMS FORESEEN
IN THAT ASSESSMENT, WE ARE NOW PROPOSING TO MAKE TWO CHANGES TO
THE ORIGINAL PLAN:-
A. INSTEAD OF BEING RETIRED INSTANTLY, THOSE DEALT WITH UNDER CR 55 WILL BE TOLD THAT THEY ARE TO BE RETIRED FOLLOWING A PERIOD
OF NOTICE (THE EXACT LENGTH OF WHICH IS STILL TO BE DECIDED BUT WILL PROBABLY BE ONE MONTH). WE BELIEVE THAT THIS WILL HELP
TO CUSHION THE SHOCK FOR THOSE SUFFERING COMPULSORY RETIREMENT
AND APPEAR TO THE PUBLIC AS BEING MORE FAIR. FOR BOTH
REASONS IT WILL REDUCE THE RISK OF HOSTILE REACTIONS. IT WILL HAVE
THE ADDITIONAL ADVANTAGE OF KEEPING UNDER DISCIPLINE SOME OF
THOSE MOST LIKELY TO REACT IN THE IMMEDIATE AFTERMATH OF D-DAY.
SHOULD THEY CONTEMPLATE MAKING TROUBLE, THEY WILL RISK LOSING
THEIR PENSION RIGHTS. UNDER THE ORIGINAL PLAN WE WOULD HAVE
RETAINED NO LEVERAGE OVER THOSE RETIRED SINCE THEIR PENSIONS
WOULD HAVE BEEN GRANTED AND COULD ONLY BE REMOVED FOLLOWING
COURT-IMPOSED SENTENCE OF IMPRISONMENT.
B. THOSE BEING CHARGED WILL NOT (REPEAT NOT) FIRST BE RETIRED
UNDER CR 55. WE WISH TO AVOID THE ACCUSATION OF DOUBLE JEOPARDY''.
THIS MIGHT CAUSE THE COURTS TO BE MORE LENIENT. ALSO IT MIGHT BE
REPRESENT BY MEMBERS OF THE POLICE AND PUBLIC AS REPUGNANT TO
NATURAL JUSTICE TO ''PUNISH' TWICE FOR THE SAME CONDUCT.
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