TNAG-0073-FCO40-109-Dismissal-from-police-force-petition-from-Chu-Leung-1968 — Page 90

We appreciate the reasons why cases involving

penetration of Special Branch by KT agents need to

be rigorously dealt with but, given the serious doubts in this case (expressed both in Hong Kong and here)

that the charges were proved, e feel strongly that

some remedial action should be taken, if at all possible.

are advise of

we peafire that the decision of the Commissioner of Folice

to dismiss Sergeant Chu ander poters conferred on him by

the Police Force Urüinance cannot be reversed except by

means of special legislation and we accept that for

political reasons this would be a very difficult (if not positively dangerous) step to take at the present time.

Accordingly more can be no question of reinstatement

(he is in my case over 55) or of substituting

retirement in the public interest. Our legal advisers

have expressed the view that the proper course would b to grant sergeant u an ex-gratia pension of the amount he would have received by way of pension if he had retired

at the date of his dismissal in 1962; und that payment

would probably have to be backdated to 1962.

This, of course, would not clear the Sergeant's name

and he might press for full clearance, using the

Parliamentary channels that he has established.

But

we feel that in this event we could hold the position by

stating that the grant of an ex-gratia pension was an act

of clemency in the light of further consideration of the

case but that this further consideration did not establish

the innocence of Sergeant Chu.

would look of this case again &

le should be grateful if you could fiveetply

consideration to a solution on the lines set out above.

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