Another applicable principle is the 'nemo iudex' principle; that no one can be a judge in his own cause. These principles of natural justice certainly apply to the exercise of disciplinary functions.
5. I think that this problem gives sufficient ground for concern for us to ask the Hong Kong Government to think again about this aspect. Hong Kong Government may like to seek their own legal advice.
6. You also ask me whether we could grant the Secretary of State's approval for the above proposal without consulting the Secretary of State himself. The answer is that this is not possible. The Colonial Regulations are directions to Governors for general guidance given by the Crown through the Secretary of State for Foreign and Commonwealth Affairs. (See Colonial Regulation 1). We would need to consult the Secretary of State in any event, but Regulation 54(5) specifically requires the Secretary of State's approval before the Governor may delegate the power to dismiss an officer.
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Shalaph books.
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