布政司署
香港下亞
CONFIDENTIAL
畢道
ти
Lifenes
Twit you
an psa ca róia MyMaut
LAS.
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
14/11
29 October 1982
HKG 435/5
*** Our REF: UP 66/2 -CIV
來阻擋號 Your REF:
Dear Henry,
Colonial Regulation 58
Colonial Regulation 58(1) reads:
"If an officer has been convicted on a criminal charge the Governor may, upon a consideration of the proceedings of the Court on such charge, inflict such punishment upon the officer as may seem to him to be just, without any further proceedings".
the
In the past, on the basis of legal advice we received here, Civil Service Branch has always interpreted this regulation as meaning that a complete verbatim transcript of all the evidence must be considered before disciplinary punishment may be inflicted. The word "proceedings" has been taken to mean a full account of the trial, from beginning to end, including each and every part.
Our interpretation has resulted in lengthening the time needed to decide on the award of a disciplinary punishment; there have been cases where it has taken months to obtain a full trans- cript of the proceedings (especially in long trials where the evidence may run to hundreds of pages). Meanwhile the officer is kept waiting in suspense. In cases involving a particularly hein- ous offence, for example large scale corruption, dismissal is certain but the time consuming step of obtaining a transcript has still to be gone through before CR 58 action can proceed. Judges and Magistrates have voiced concern at the extra work involved in producing transcripts as they normally have to check the typewritten record themselves. It is hard to justify our insistence on a full transcript when in some cases the disciplinary punishment ultimately awarded may be as minor as a reprimand.
en
H. McQuade, Esq,
Foreign & Commonwealth Office, Hong Kong & General Department, London SW1 2AH.
Acker, sent
CONFIDENTIAL
15/11