4. The extensive papers in this case have been examined by a Commonwealth Office legal aviser. in his view Sergeant Chu should not have been found guilty of the charges laid against him on the evidence available, which showed serious discrepancies and could have been fabricated. This conclusion is supported by the Deputy Police Adviser. Our advisers on staff matters in the Ministry of Overseas Development accept these views.
5. The question is what remedial action is possible. Our Legal Adviser has pointed out that the decision of the Commissioner to dismiss the Sergeant under powers confe.red on him by the Police Force Ordnance cannot be reve,sed except by means of special legislation. Given the special circumstances of this case as set out in paragraph 1 or this minute, I think it would be politically very difficult (if not positively dangerous in the context of our current relations wit.. China) to atte...pt to modiy that decision by special legislation. Our Legal Adviser has expressed the view that the proper course would be to grant the Sergeant an ex gratia pension of the
mount that he would have received by way of pension if he had retired at the date of his dismissal in 1962. The Ministry of Overseas Development ndorse this proposal, which they would regard as tantamount to substituting for dismissal in 1962 a decision to retire the Sergeant in the public interest.
This, of course, would not clear the Sergeant's name. The difficulty I see is that, if he wore to press for Tull clearance, using the Farliamentary channels that he has established, we might find it difficult to stop at, the rant of an ex ratia pension, since this, in itself, would count to un caniosion on doubt on our part -wout the justice of the original decision.
...
If, however, te word pressed for further concessions we feel that we could Lol the position by stating that the giving of an ex gratia pension was an act of clemency in the out of further consideration of the casu, put the further consideration did not establish the, inocence of Sergeant Chu.
6. I submit a drait letter to Sir wavid Trench on thebo ines, for our signature. In view of Mr. Jemail's interest in this matter I sugest that the Minister of state's a.. roval for this course of action should be obtained.
6.5 Carter
(W.S. Carter)
30
2ovember, 1967
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