CODE 18-77
Reference...
6
Mr Herdman
Mr Culver (SED W105)
Mr Livesey (HKGD WH305)
COL REG 58 (HONG KONG ONLY)
1.
HKG 435/5
en
I should think that in BVI and Montserrat the provisions of CR 57 (vi) and 62 have been overtaken by PSC Regulations which require the Governor to seek (not necessarily to take) the advise of the PSC before inflicting a penalty on an officer following on his conviction on a criminal charge. This would apply to all officers, not merely to those selected etc by the Secretary of State.
2. In the BVI it would be practise for the Governor to send the whole record of the court proceedings to the PSC for consideration and advice. In a small territory of course there are very few such cases and not much pressure on the courts.
3. I wonder however if Hong Kong is not making too much of this question? If an officer is acquitted, there is no problem (though of course, he would still be disciplined). If eg, he is convicted by a High Court, he may well already have been many months awaiting his fate; and if it is a prison sentence, then there may be plenty of time to consider disciplinary action. In other cases, surely the HK Civil Service Branch could ask that if necessary the court staff (who are also civil servants) be directed to give priority to the production of records of cases involving civil servants?
13 December 1982
4. 4. kullan
W W Wallace
West Indian and Atlantic Department WH 424D
233 7368