CONFIDENTIAL
2 -
Clearly in all cases the statement and particulars of offence, summary of facts, findings, mitigation, and sentence will need to be considered in CR 58 proceedings, but in many cases, a full verbatim record of the evidence is unnecessary and does not contribute to the recommendation on the level of an appropriate disciplinary punishment. In the light of the difficulties and delays we are experiencing, Civil Service Branch would like to change the existing practice of referring in each case to the full verbatim transcript of a trial. There are two courses of action:
(a) amend CR 58(1) to enable greater discretion
and flexibility, particularly in cases where much of the evidence may be irrelevant to the question of disciplinary punishment of an officer, as follows
"CR 58(1): If an officer has been
convicted on a criminal charge the Governor may, upon a con- sideration of the appropriate and relevant 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"; or
(b) interpret the existing provisions in CR 58
in a more liberal manner, treating the words "the proceedings" as meaning not the full verbatim transcript but the statement and particulars of offence, summary of facts, findings, mitigation and sentence.
The joint view of the Civil Service Branch and the Attorney General's Chambers is that option (b) is preferable but we would like guidance from you. is interpreted in other territories, for example, may be a guide to us here.
How this Colonial Regulation
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Yours sincerely,
s
(Gordon K. C. Siu)
for Secretary for the Civil Service
CONFIDENTIAL