Gor
Desf. 194
7-8-48
2
Mr McPetrie
Are there
any
legal
observations
please?
bladpeed
258 2029-48
2. J. 15. you several points of a purely legal nature
arise in connection with this Ordinance. I have dealt with these in semi-official letters to the Attorney-General (Mr. J.B. Griffin) and the Acting Attorney-General (Mr. G. E. Strickland) at (2) and (3) and hope to discuss them with Mr. Griffin before he returns to Hong Kong at the end of his leave and in the meantime I need not trouble you with them.
C.S.D. should, however, consider the practical implications of S.5 in so far as it affects members of the Colonial Service. The expression "public office" in S.5(1)(d) and (e) and S.5(2)(c) includes appointments in the Colonial Service and the expressions "officer or servant in the employ of any public body" in S.5(1)(f) and "public servant" in S.5(2)(c) include persons holding appointments in the Colonial Service (see the definitions of "public body", "public office" and "public servant" in S.2). This is an extension of the equivalent U.K. legislation which does not apply to Crown employees (see Public Bodies Corrupt Practices Act, 1889, S. 2 and the definition of "public body" in S.7); this extension is apparently deliberate (see paragraph 2 of the Objects and Reasons of the Bill).
Service
(i)
The result is that a member of the Colonial
if convicted of an offence against S.3 or S.4 of the Ordinance is, under s.5(1)(a) or S.5(2)(c), liable at the discretion of the court or magistrate be adjudged incapable of holding public office in the Colony (which would include an appointment in the Colonial Service) for a period of seven years and to be ordered to forfeit the appointment which he holds; and if convicted for a second time of an offence against S.3 is liable, under S.5(1)(e), to be adjudged incapable of ever holding public office in the colony;
(The power to order a public servant to forfeit his office is, of course, the corollary to the power of adjudging him incapable of holding public office and if a court is to have the latter power it must necessarily have the former power also.)
(ii) if convicted of an offence against S.3 is,
under S.5(1)(f), liable at the discretion of the court or magistrate to be ordered to forfeit his "right and claim" to compensation or pension for past services.
There