布政司署
港下亞座畢道
By Registered Mail
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
本署檔號 OUR REF:
(28) in CSO/ADM/LE/1201/89
來檔號 Your REF:
Ms.
Са
Mr G. Fisher
GFIEL
Hong Kong Department
Foreign and Commonwealth Office
King Charles Street
London SWIA 2AH
England
Hrec
7 May 1991
14/5
PA Pensions with
HKC 236/1 other minsting
Ir
hoy.
Am
Dear Mr Fisher,
Petitio
(44)
the Queen: Mr Hung Kai-ming
App. I App. II & III
App. IV
App. V
App. VI
App. VII
+
Your letter
of 24 April 1991, with the letter to
Mr HUNG Kai-ming attached thereof, has been received.
In an
earlier letter, dated 2 April 1991, Miss G. J. Coglin has asked us to comment on the disciplinary proceedings conducted in Mr HUNG's case and I would like to explain the situation in the succeeding paragraphs.
case,
including
The investigation into Mr HUNG's misconduct was conducted under Colonial Regulation (CR) 56, and not the Prison Rules which are applicable to more junior officers in the Department.
In accordance with the disciplinary proceedings regulations governing CR actions made by the Governor and approved by the Secretary of State, an accused officer is given an opportunity to address the Investigating Officer/Committee at the end of the disciplinary hearing on whatever subject relating to his disciplinary
any mitigations of punishment. Mr HUNG had been given such an opportunity at the end of the disciplinary hearing held on 12 December 1988, and at his request, he was allowed to submit his final address in writing in two weeks' time. Mr HUNG then submitted his final address on 20 December 1988. There is hence no breach of disciplinary regulations or prejudice against Mr HUNG. In this regard, you may wish to note that AGCS had confirmed that the disciplinary proceedings in relation to Mr HUNG were properly conducted and the findings supported by evidence.
HUNG's
The Explanatory Notes mentioned in memorandum dated 18 January 1990 (Appendix VII) are guidance notes made by the Correctional Services Department advising accused officers on the procedures of disciplinary hearing conducted under the Prison Rules. It is only an
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