TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 20

(17259) Dd.897459 250m 12/72 G.W.B.Ltd. Gp.863

(16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863

NOTHING TO BE WRITTEN IN THIS MARGIN

CONFIDENTIAL

delicate to be given to the PSC then presumably you

will be using regulation 55, where the requirement does

not apply. In other such cases presumably the PSC

can be trusted to keep their mouths shut (I assume they

are under an obligation to do so) and can be consulted

quickly; while from our point of view the concurrence

of the PSC is a safeguard against parliamentary pressure

10. We doubt if an amendment to regulation 55 would

do the trick whether any pension could be granted

would seem to depend on the terms in which Her Majesty's

pleasure was signified, ie whether the reason given

matched with Section 7 of the Ordinance.

11. Your paragraph 17. As a matter of law we favour

sticking to the terms of the contract.

But whether we

would be able to back you in a given case of course

depends on the circumstances. We do have to be careful

when the termination of the contract appears to be

based on no more than the convenience of the Government.

One such case from another dependent territory, where

the officer is admitted to be acceptable but is surplus

to requirements and has had his contract terminated

without reason given, is giving substantial trouble.

In other words, we agree that there is normally no

legal need to give oral, still less written, grounds

for termination, but we think that, just as in the

case of regulation 59, the avoidance of an appearance

of arbitrariness is, all other things being equal,

likely to be in Government's interest. We would

therefore suggest that, as a matter of practice,

reasons might continue to be given, unless in a

/particular