727
16.
These procedures may seem complicated but they are simpler than before 1971 when the new Disciplinary Code was produced. Before 1971 proceedings which could result in the termination of service were much more judicial in character and were presided over by a judge, magistrate or legal officer. officers could be represented by Counsel and often were. The aim of the 1971 amendments was to make disciplinary proceedings much less formal and it is stressed in the current instructions that the investigating officer or committee is not exercising a legal function but rather ascertaining the facts. The objects of this nev procedure are to make it more simple to establish mis- conduct and punish the officer concerned.
17.
Colonial Regulations enshrine
long established
principles as well as procedures and, despite the special circumstances of Hong Kong, and the declared wish of the British Government to help, attempts to modify these principles and to make exceptions in our case have always failed. You vill see what I mean by this if you will refer to the second Report of the Commission of Inquiry under Sir Alastair Blair-Kerr which I would in any event recommend you to read for general interest. sir Alastair Blair-Kerr was charged with the task, firstly of investigating the circumstances in which Godber was able to leave Hong Kong and secondly, with reporting on the effectiveness of current arrangements in controlling corruption. If you will refer to paragraph 241(e) of his report, you will see that it was his view that Colonial Regulations and the practice in regard to disciplinary procedure give Government servants far too much protection. He recommended the scrapping of the oft-quoted cardinal principle that Government does not institute disciplinary proceedings in respect of a criminal offence which it cannot prosecute for lack of evidence. He also recommended that Colonial Regulations 61 and 62 should be revoked in order to permit disciplinary proceedings to be taken against officers against whom criminal proceedings on the same grounds had been instituted and in order to permit officers acquitted of criminal charges to be punished in respect of any charges upon which they had been acquitted.
He recommended
/that