24.
As an alternative to proceedings on other charges under CR 57, it might be appropriate to retire an officer under CR 59 (which is not a punishment), or (if he is over 45) under section 8(2)(a) of the Pensions Ordinance, following his acquittal on charges of corruption, if his public reputation, even if unjustly, had become so tarnished by the charges as to make it impossible for him to discharge his duties efficiently. In that case his super- annuation benefits would not be withheld, even in part.
CRs 65 and 66
25. These CRS specify that officers shall not be punished or compulsorily retired in the public interest under Colonial Regulations without prior consultation with the Public Service Commission (unless regulations provide otherwise, eg in the case of Police Officers or staff of the Anti-Corruption Commission), or the prior approval of the Secretary of State, as the case may be.
Further Technical Changes in Colonial Regulations
26. The following paragraphs deal with the changes covered in paragraph 10 of your telegram no 1446. These raise separate issues from the changes discussed above and are therefore best kept together.
27. We can agree to the following changes:
28.
(i) CR 54(5): Insert after "to make regulations" the
following:
"nor, save with the approval of the Secretary of State, the power,
CR_58:
(ii) CR 58: Insert at end of regulation the following:
"Action may be taken under this regulation if an officer is charged with a criminal offence and the court finds the charge proved, but in the exercise of powers which exist under the legislation of certain Territories, does not (on grounds of leniency) enter a conviction."
(iii) CR 59(3)(b):
the following:
Delete sub-paragraph (b) and substitute
"(b) the proceedings of a court by which a criminal charge was proved, whether or not a conviction was entered, against an officer,"
•
We have reconsidered the proposal to allow the Governor to delegate his powers of dismissal etc. to the Secretary for the Civil Service. While we still accept in principle that some delegation may be desirable and have therefore agreed to the proposed change to CR 54(5), we think that in view of developments since August last year, and particularly the setting up of the Independent
/ Commission
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CONFIDENTIAL