Reference..

the old and new Commissioners of the Correctional Services

Department, and as a consequence to have had a secret

investigation conducted against him [to verify whether he

was indeed attending hospital on the afternoon of a

scheduled staff interview], to have been assigned to jobs

below his seniority and to have been passed over for

promotion by junior officers. However there are no valid

legal arguments that support these allegations of

victimisation.

D

8.

In view of the circumstances of the disciplinary

enquiry and of the unsubstantiated allegations of

victimisation, I recommend that the petition be denied.

This is the advice of the Hong Kong Government with which

our Legal Advisers concur.

9. Under DSP Volume 8 (Dependent Territories) Chapter

9.4.1, petitions which are deemed to be of a minor or

trivial nature are not required to be forwarded to the

Palace. Such petitions can, with the consent of the AUSS,

be given a departmental reply. I attach the relevant text of DSP and the Annex showing this procedure. This petition can be considered as of a minor nature given the

-

circumstances which gave rise to Mr Hung's breach of

discipline, the breach of discipline itself and the nature

of the disciplinary action imposed on him. Our Legal

Advisers concur. I recommend therefore that a departmental

reply is sent to Mr Hung through the Hong Kong Government.

Gill Cogan

G Coglin

Hong Kong Department

25 February 1991

WINAIZ/3

CODE 18-77

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