and that, in cases of absence from duty (which are generally straightforward and occur with some frequency) a standing investigating committee might be useful, and one vas so authorised comprising two senior officers of the Civil Service Branch of the Government Secretariat.
5.
It is appreciated that the rationale behind the provision for summary dismissal under Colonial Regulation 42 is that the act of absence from the Territory without permission is regarded as sufficiently serious in itself to warrant summary dismissal; whereas absence from duty without reasonable excuse vithout leaving Hong Kong may or may not varrant dismissal, depending on the facts and other circumstances established by an appropriate enquiry. Nevertheless, there appears to be no over- riding reason why the full Colonial Regulation 57 procedure must be followed in cases of absence from duty in which the facts are not in dispute. The revised Colonial Regulations 54-66 vere introduced to provide an all-encompassing framework to deal with different types of misconduct, but abscondments are not uncommon and, where it is certain that an officer has abandoned his post, it is desirable that he be dismissed from the service expeditiously and without undue formality,
6.
Experience since 1971 has shown that cases of absence from duty are usually straightforward and that the use of the Colonial Regulation 57 procedure (even with the modification that a Standing Committee can be used) is unduly cumbersome and time... consuming. It is rare for the facts to be disputed and, in the majority of cases, the officer cannot even be contacted and, even if he can be traced, does not appear before the Standing Committee. In these circumstances, the investigation under Colonial Regulation 57 becomes an expensive formality.
7.
I should be grateful therefore for your approval to the introduction of a provision under Colonial Regulations, similar
rodu to Colonial Regulation 42, for the summary dismissal of any permanent and pensionable officer who has been absent from duty For more than 21 days. It is suggested that this provision should be included as a new paragraph (3) of the existing Colonial Regulation 57 (at Appendix II of Colonial Regulations) and should be on the following lines :-
!
"(3) Where an officer is absent from duty without leave for a period exceeding 21 days
and it is reported to the Governor that -
(a) the officer cannot be traced; or (b) on being required by notice in writing
(sent to an address or addresses through which it may be reasonably expected to reach him) to give, within the period specified in the notice, an excuse for his absence, the officer has Failed to give any excuse or to give an excuse that is acceptable,
the Governor may dispense with an investigation under paragraph (1) and sumarily dismiss the officer."
J
18.