8
against officers who admit corruption in giving evidence in court for the Crown. Furthermore, there has been one famous case when the S of s agreed to the use of CR 55 in exceptional circumstances involving a large number of officers
it was not practicable to proceed under other Colonial Regulations. This has set a useful precedent
when
although I should emphasise that there is no guarantee that we shall ever be able to use CR 55 again.
21.
So, as the result of experience in recent years we now know more exactly where we stand with the use of Colonial Regulations and we are about to issue a comprehensive circular describing the procedures to be followed when allegations of corruption against civil servants are received. In addition, a much better liaison between ICAC and CSB has been built up which includes a better understanding of each others position. I shall not forget being marched in to see John Prendergast when I was first appointed to my present post and being told by him exactly what he expected of me in my new position! I remember being bold enough to make it equally clear to him on that occasion that, whilst I could go so far as to agree that in our special circumstances the benefit of any doubt should perhaps be given to Hong Kong rather than to the officer, I still felt it necessary that the rights of individuals must be protected adequately. I have not changed that view very much over the years. As I have said, I feel that we all understand our relative positions much better and the ICAC especially recognises that, after it has completed an investigation, the decision on disciplinary action
officer's must rest with CSB and the department.
22.
From what I have said, you will realise that it is quite clear that we are unlikely to achieve any significant alterations to the main principles not only as the result of opposition from London but also due to the strong feelings of our staff associations and also public opinion which, you will recall, was critical of the large scale dismissal under CR 55. Perhaps this is no bad thing. Most of us round this table would subscribe to the view that in a democratic society, the
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