*
C.S. 20A (Rev.) 2600027
RESTRICTED (STAFF)
SAVING TELEGRAM
From the Governor, Hong Kong
To the Secretary of State for Foreign and Commonwealth Affairs
Repeated to:-
Repeated to:-
Date 27th May 1977.
My Reference.....DP. 66/14-
Your Reference...
امي
No. 74
No.
No.
(33)
Recommendation for the introduction of a provision under Colonial Regulations for the summary dismissal of officers
absent from duty
Recently, a review has been carried out of the instructions for dealing with two types of absences from duty
2.
(a) absence from Hong Kong under Colonial
Regulation 42 which provides that an officer who is absent from Hong Kong without permission is liable to summary dismissal;
(b) absence from work but not necessarily from
Hong Kong under Civil Service Regulation 312(1) which provides that an officer who is absent from duty without reasonable cause is liable to be dismissed from the service from the date of his absence under the relevant disciplinary provisions.
In the case of category (a) absences, you will recall that a simple procedure vas agreed with you in September 1974 (your saving telegram no. 65 of 12th September 1974) whereby, after the officer has been given an opportunity to make representations, the Public Services Commission is consulted, and the Governor orders the officer's dismissal under Colonial Regulation 42, subject to your approval where appropriate.
3.
However, in the case of category (b) absences by a permanent and pensionable officer, we are obliged to follow the
This results from the Full Colonial Regulation 57 procedure. introduction of the new disciplinary code applicable to Hong Kong in May 1971 and at the same time, the cancellation of the former Establishment Regulation 418, which provided for the summary dismissal of any officer vho vas absent from duty without reasonable
excuse,
4.
abl
The cancellation of the former Establishment Regulation 428 vas based on legal advice that, as the Secretary of State had approved an exborate set of rules for the conduct of disciplinary proceedings against a permanent and pensionable officer, it should not be possible for the Governor to derogate from those rules. Hovever, at the same time it was recognised that it is not an easy task to find suitable officers to serve on Investigating Committees
/and that, ...