TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 53

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SECONDLY, THAT AN OFFICER ACQUITTED OF A CRIMINAL CHARGE MAY NEVERTHELESS BE DEALT WITH AND PUNISHED UNDER COLONIAL REGULATIONS ON ANY OTHER CHARGES ARISING OUT OF HIS CONDUCT IN THE MATTER, EVEN IF THESE RAISE SUBSTANTIALLY THE SAME ISSUES AS THOSE ON

WHICH HE WAS ACQUITTED.

9. IT WOULD BE NECESSARY TO MAKE A CONSEQUENTIAL AMENDMENT TO REGULATION 59(3) (B) SO AS TO MAKE IT APPLY TO THE PROCEEDINGS OF A COURT BY WHICH AN OFFICER HAS BEEN CONVICTED OR ACQUITTED.

10.

YOUR PARAGRAPH 7. WE SUGGEST THAT COLONIAL REGULATION 59(1) BE REPLACED BY SOMETHING ON THE FOLLOWING LINES

*'THE GOVERNOR MAY AT ANY TIME, IF IT IS REPRESENTED TO HIM THAT THE RETIREMENT OF AN OFFICER IS DESIRABLE IN THE PUBLIC INTEREST, CALL FOR A REPORT FROM THE HEAD OF ANY DEPARTMENT IN WHICH THE OFFICER HAS SERVED, THE OFFICER SHALL BE

INFORMED THAT HIS RETIREMENT IS CONTEMPLATED UNDER THIS

REGULATION AND BE GIVEN AN OPPORTUNITY OF MAKING REPRESENT-

AARIONS''

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CONSEQUENTIAL AMENDMENT TO OTHER PARTS OF REGULATION 59

MAY BE NECESSARY.

ii. WE WOULD OPERATE THE REVISED REGULATION 59 ON THE FOLLOWING

BASIS. AN OFFICER WHOM WE WISHED TO RETIRE FOR REASONS OTHER THAN THOSE OF CORRUPTION WOULD BE GIVEN IN WRITING THE GROUNDS

ON WHICH IT WAS PROPOSED TO RETIRE HIM SO THAT HE WOULD KNOW WHAT

CASE HE HAD TO MEET. AN OFFICER WHOM WE WISH TO DISPOSE OF BECAUSE WE BELIEVE HIM TO BE CORRUPT WOULD BE INFORMED VERBALLY

THAT THIS WAS THE REASON AND INVITED TO AGREE TO HIS RETIREMENT

UNDER REGULATION 59. FAILING THIS AGREEMENT WE WOULD HAVE TO DECIDE

WHETHER WE WOULD GO AHEAD UNDER REGULATION 59 OR TAKE ADVANTAGE -

OF YOUR HELPFUL OFFER TO MAKE USE OF REGULATION 55.

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IN ORDER THAT CASES OF CORRUPTION CAN BE DEALT WITH SWIFTLY, WE WOULD APPRECIATE YOUR AGREEMENT TO THE REMOVAL FROM REGULATION 66

OF THE REQUIREMENT THAT OFFICERS GOVERNED BY THAT REGULATION CAN BE

PUNISHED OR RETIRED ONLY WITH YOUR PRIOR APPROVAL. WE SUGGEST THAT

THE WORD "PRIOR'' SHOULD BE REMOVED.

13.

REGULATION 65 REQUIRES THAT THE PUBLIC SERVICES COMMISSION

REGULATION 59

AND WE

BE CONSULTED BEFORE AN OFFICER IS REQUIRED TO RETIRE. IS NOT TECHNICALLY A PUNISHMENT - SEE REGULATION 54(3) WOULD NOT, THEREFORE, CONSIDER REFERENCE TO THE PSC ESSENTIAL.

THE FEWER PEOPLE WHO KNOW ABOUT CORRUPTION CASES THE BETTER./14. WE WOULD

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