7)
IMMEDIATE
CYPHER CAT A
GR 155
FM HONG KONG 031033Z
CONFIDENTIAL
CONFIDENTIAL
TOP JUPI
HKA 435|393/6
RECEIVED IN HIGIRY NO. 51
6 FEB 1978
DESK OFFICES
DEX -
PA
༦
ཡ་ས་
PEGISTRY Action Taken
TO IMMEDIATE F C O TELNO 145 OF 3 FEBRUARY 1978. NO
FOR STEWART.
YOUR TELNO 91: YAU MA TEI CORRUPTION CASE.
1. WE HAD ALWAYS UNDERSTOOD SECTION 16 OF THE POLICE FORCE ORDINANCE TO BE A SAVING OF COMPULSORY RETIREMENT UNDER CR 59: THE SAVING BEING NECESSARY ON ACCOUNT OF THE ARGUMENT THAT MIGHT OTHERWISE BE RAISED THAT THE DETAILED PROVISIONS IN THE ORDINANCE
FOR THE DISCIPLINE OF RANK AND FILE AND INSPECTORS EXCLUDE
COLONIAL REGULATIONS IN THEIR ENTIRETY.
2. WE HAD THOUGHT THAT THE WORDING OF SECTION 16 POINTED DIRECTLY TO CR 59 RATHER THAN 55.
2. FOR THESE REASONS WE HAD ASSUMED THAT COMPULSORY EARLY RETIREMENT
OF A POLICE OFFICER IN CIRCUMSTANCES WHERE NO PUNISHMENT WAS
INTENDED SHOULD BE EFFECTED UNDER CR 59 AND MOT UNDER SECTION 16
OF THE POLICE FORCE ORDINANCE.
4. HOWEVER WE CERTAINLY AGREE THAT CR 55 IS A MUCH SIMPLER PROCEDURE. WOULD YOU AGREE TO ITS USE IN SUCH INSTANCES AS
THE YAU MA TEI CASE WHETHER OR NOT COUPLED WITH SECTION 16 OF CAP 232 (AS YOU PREFERRED) ?
5. YOUR PARA 3. PROVISION FOR PENSION IN SUCH CASES IS MADE BY . SECTION 7 OF THE PENSIONS ORDINANCE.
MACLEHOSE
FILE S:
H+ A & G D (5)
LEGAL ADVISER
OPA
PUSD
PS
MR CORTAZZI
PS/PUS
MR MURRAY
LAST
REF
6
PS/LORD GORONWY ROBERTS
CONFIDENTIAL