CONFIDENTIAL

Es. The minte

Nrs Gregory HKGD

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Mr Hall HKGD

Mr Thompson HKGD

Mr Bickford Legal Adviserslu

Reference

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HKA435/393/6

STRY MC. 81

20 OCT 1978

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Mr Quantrill

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Mr McLaren HKGD

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Flag B 16

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FLAG E9

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APPLICATION OF COLONIAL REGULATIONS 54 61 (DISCIPLINARY CASES)

1.

When I minuted to Mr Bickford on 14 June about Mr Hunter's letter of 26 April about disciplinary procedures, I was clear in my own mind, and Mr Bickford subsequently agreed with me in his minute of 7 August, that the precepts set out in Mr Champion's letter HX18/501/5 of 9 April 1974 were still correct despite subsequent arguments with Hong Kong (notably the case of Inspector Kent in 1977). Any problems which had occurred were not due to inadequacy of the CRS or the interpretation of them in the Champion letter, but to Hong Kong's failure to carry out agreed procedures to our satisfaction.

2. My original feeling was that section ii(c) of Mr Hunter's

note, concerning the use of CR55 against officers suspected of

corruption, was a dangerous extension of its use and one that had not been intended when we agreed to its use against the Yaumatei officers. I still feel that we should keep CR55 in reserve for cases involving national security and am concerned lest its use in corruption cases should bring unwelcome

publicity to the Bcurity angle. However I find that we did in fact say to Hong Kong in telegram number 99 of 6 February that we would view sympathetically any request from Hong Kong for compulsory retirement in corruption cases like Yaumatei. This section was not involved in the drafting of' that telegram, which was dealt with by Hong Kong Section. Had we been consulted, I would have advocated a more limited response, agreeing to the use of CR55 in the case of the Yaumatei officers, but merely agreeing to consider any further requests for its use taking into account not only the need to eliminate corruption but also the long-term need to preserve CR55 for its 'classic'

yurpose

CODE 18 - 77

CONFIDENTIAL

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