IMMEDIATE
CYPHER CAT A
GR 155
FM HONG KONG 031033Z
CONFIDENTIAL
До
HKK 382/2
RACIVED IN REGISTRY NO. 51 - 6 FEB 1978
DEX
PA
་་་་
REGISTRY ¡Action Taken
CONFIDENTIAL
TO IMMEDIATE F C O TELNO 145 OF 3 FEBRUARY 1978. Ne
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.
C. WE HAD THOUGHT THAT THE WORDING OF SECTION 16 POINTED DIRECTLY
NC
"O CR 50 RATHER THAN 55.
C. FOR THESE REASONS WE HAD ASSUMED THAT COMPULSORY EARLY RETIREMENT OP A POLICE OFFICER IN CIRCUMSTANCES WHERE NO PUNISHMENT WAS
INTENDED SHOULD BE EFFECTED UNDER CR 59 AND NOT UNDER SECTION 14
OF THE POLICE FORCE ORDINANCE.
2. 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 0" CAP 232 (AS YOU PREFERRED). ?
5. YOUR PARA 3. PROVISION FOR PENSION IN SUCH CASES IS MADE ?
SECTION 7 OF THE PENSIONS ORDINANCE.
MACLEHOSE
FILES:
H A & C D (5)
LEGAL ADVISER
MR CORTAZZI
OPA
PS/PUS
FUSL
MR MURRAY
*PS/LORD GORONWY ROBERTS
CONFIDENTIAL
!