3. I think we should acknowledge to Hong Kong that there does appear to be a problem, given that the Colonial Regulations do not cover the point about retiring a person who is on pensionable terms in the interests of localisation and Colonial Regulation 55 is inadequate. I think we will need to submit soon to the Secretary of State on this. In the meantime, we should explain to Hong Kong that we do not think the Limited Compensation Scheme, paragraph 2, confers any authority on the Governor to dismiss persons since this paragraph appears merely to define officers entitled to compensation.
I think it would be unsafe to dismiss Broadley on the present grounds. Subject to the views of Mr Wingfield. I think we will have to amend the Colonial Regulations and subsequently give Mr Broadley a further period of notice. Sixteen other officers have previously been retired, equally without any authority. The difference is that, unlike Mr Broadley, they gladly agreed to go clutching their generous compensation. Hopefully, they will not cause trouble but we may be on shaky ground if one or more of them challenges the right to retire them. They hold office subject to the Crown's pleasure but Colonial Regulation 55 makes it clear that it is for the Secretary of State, not the Governor, to retire them and the Governor appears to have retired them without the necessary prior authorisation.
2
Shelagh Brooks,
Shelagh Brooks