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11. AS YOU KNOW, THERE IS MUCH BITTERNESS AND FRUSTRATION HERE, IN THE LEGAL DEPARTMENT, THE CIVIL SERVICE BRANCH, THE ICAC AND THE POLICE ON THE RESTRICTIVE INTERPRETATION WHICH THE F.C.O INSISTS ON PLACING ON CR 59. THE FORMULA WORKED OUT WITH STEWART IS NOT LIKELY TO PROVE AS HELPFUL AS I HAD HOPED.
12. OUR INABILITY TO CLEANSE THE FORCE OF SOME OF ITS ROTTEN OFFICERS BY THE MORE SUMMARY METHOD OF CR 59 (HARDLY A HARSH ONE AS IT WOULD HAVE LEFT THEM WITH THEIR EARNED PENSIONS) HAS MEANT THAT WE HAVE HAD TO RELY ALMOST ENTIRELY ON THE LABORIOUS PROCESSES
OF THE LAW.
13. IN CONSEQUENCE, LARGE NUMBERS OF DISGRUNTLED INTERDICTED OFFICERS HAVE BEEN HANGING ABOUT FOR MONTHS WITH NOTHING TO DO
BUT TO MAKE TROUBLE WHILE CASES FOR COURT ARE PREPARED. THIS IS
A SERIOUS FACTOR IN MORALE AND DISCIPLINE.
14. I DO NOT THINK THAT WHEN THE RESTRICTED INTERPRETATION OF
CR 59 WAS IMPOSED BY F.C.0, THE SORT OF SITUATION THAT HAS ARISEN
IN THE YAU MA TEI CASE WAS FORESEEN. NOR DO I THINK THE NEED
TO GET RID, QUICKLY AND QUIETLY OF THE CORRUPT AGAINST WHOM CHARGES COULD NOT BE BROUGHT IN COURT WAS GIVEN SUFFICIENT WEIGHT,
15, I SHOULD ALSO POINT OUT THAT UNOFFICIAL MEMBERS OF COUNCILS
HAVE EXPRESSED THEIR BEWILDERMENT THAT THERE IS NO PROCESS BY WHICH WE CAN CLEANSE THE PUBLIC SERVICE OF OFFICERS WHOM WE ARE SATISFIED ARE CORRUPT BUT AGAINST WHOM WE DO NOT HAVE EVIDENCE
WHICH IS ADMISSIBLE IN COURT.
16. WHAT I NOW SEEK IS AN ASSURANCE OF SUPPORT IF AN APPEAL IS
MADE TO THE SECRETARY OF STATE AGAINST RETIREMENT UNDER CR 59
IN A CASE IN WHICH THE COMMISSIONER SIMPLY STATES THAT HE HAS
LOST CONFIDENCE IN AN OFFICER, WITHOUT GIVING HIS REASONS TO THE OFFICER OR MAKING THEM PUBLIC, THOUGH HE WOULD PROVIDE THEM TO ME, AND TO THE F.C.0 IN CONFIDENCE IF REQUIRED.
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/17.