For this reason we have not
had to get rid of him under CR 59. described the suspension of superannuation benefits as a "punishment" under CR 54.
19.
: 1
CR 59(4) specifies that where an officer is retired in the public interest he may be granted a pension or gratuity in accordance with the Pensions Ordinance; Section 7 of the Ordinance provides for the grant of superannuation benefits to an officer who is retired in the public interest under the age of 45.
20. It should be noted that an officer who is over 45 can bà compulsorily retired in any case under section 8(2)(a) of the Pensions Ordinance (in which case he would be eligible for pension under section 6(aa)). This section should be used in proference to CR 59 when it is desirable to enforce the retirement of an officer over the age of 45, and no question of misconduct arises
21. Because the withholding of superannuation benefits in punishment it cannot in any case be imposed in the special circumstances in which CR 59(3) is invoked. In cases whore you wish to suspend all or part of such benefits until retiring arc, it might also be better to proceed under CR 59(1) and (2) rather than CR 59(3). The difficulty in the Lloyd cano was not, as you suggest in paragraph 4 of your telegram no 77, that compulsory. retirement under CR 59 could no'; be associated with roduction of pension, but that Lloyd was dealt with under CR 59(3) which specifically excludes punishment. If inutoad ho had boon doolb with under CR 59(1) and (2) this difficulty would not have arinon. But this comment is, of course, overtaken by the new doctrine enunciated in paragraph 2 and developed in paragraphs 11-18 obovo. 22. To sum up this part of thi letter, CR 59 can be used in appropriate circumstances to retire a corrupt officer, but poma11y on full earned superannuation benefits unless as not reác retiring age, in which case it is possible to freeze his benefita until he reaches that age without "punishing" him. This is consonant with the need, expressed by the Governor whon he discussed the matter here last year, to get rid of this kind of officer an quickly and quietly as possible. But where it is appropriate to punish the officer by reduction of benefits he should be dealt with under CR 57 or CR 58 (or exceptionally under CR 55).
CR 62 (para 4(A) of your telegram no 1446)
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23. This CR provides that an :fficer acquitted of a criminal charge shall not be punished in respect of any charges on which ho lưu boen acquitted, but may be punished on other charges arising out of tho matter which do not raise substantially the same issues. Thus, despite the acquittal of an officer on a specific criminal charge the proceedings revealed shortcomings in his conduct or efficiency not directly related to the charge, the Governor might well be justified in taking disciplinary proceedings to enforce his compulsory retirement under CR, 57 and to withhold part of or suspend his pension or gratuity under section 5(2) of the Pensions Ordinance since the issues would be different.
CONFIDENTIAL
/ 24.