TNAG-0074-FCO40-110-Dismissal-from-police-force-petition-from-Chu-Leung-1968 — Page 3

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CONFIDENTIAL

NOTE ON THE CASE OF SERGEANT CHU LEUNG

The history of this matter is set out in Annex I to this Note.

In considering the beat course to be adopted in discussing this case with Mr. Anthony Royle, M.P., it may help to examine the matter under the following three headings :-

(a) Disciplinary Procedure

Qeyd

Both the Minister and Mr. Royle (and Mr. Jenkin) are exercised over the procedure that was followed in dealing with Sergeant Chu Leung's case. The disciplinary proceedings were held under Section 28 (now Section 31) of the Hong Kong Police Force Ordinance (Chapter 232 of the Laws of Hong Kong). The Police (Discipline) Regulations made under that Ordinance do

not provide for a non-commissioner officer or constable to be

represented either by a fellow officer or by a lawyer at

disciplinary proceedings taken against him although they do provide for the Inspectorate to be represented by a fellow Inspector (but not by a lawyer) if he so desires, Again, a member of the Inspectorate (but not a non-commissioned officer or constable) has a right of appeal to the Governor from any finding of a disciplinary tribunal against him and from any punishment imposed by the Commissioner of Police in

respect of such finding. Gazetted officers are dealt with under Colonial Regulations and in their case the procedure is quite different. It is understood that the procedure followed in disciplinary matters varies from territory to territory;

but that in most territories non-commissioned officers and

cons tables are in practice permitted to be represented by fellow officers at disciplinary proceedings, if they so desire, whether or not the relevant Regulations so provide.

Following his review of Sergeant Chu's case after the

findings of the Committee of Enquiry, under the British Nationality Act, the then Governor stated in 1963 that he had

decided to re-examine the provisions of Part III of the Police Force Ordinance relating to the dismissal of and

appeals by non-commissioned officers and constables with a

view to providing for dismissal to be subject to his confirmation and for appeals to lie to him, as was already the

case for Inspectors in the police force and in the other disciplined services generally. As an interim measure, the Governor proposed at the same time that the Commissioner of Police should, in any case where dismissal was contemplated,

/ obtain ...

CONFIDENTIAL