TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 54

CONFIDENTIAL

14.

WE WOULD, THEREFORE, WELCOME YOUR AGREEMENT TO REGULATIONS

TO BE MADE BY THE GOVERNOR AND APPROVED BY YOURSELF REMOVING THE NEED

TO CONSULT THE PSC IN RETIREMENT UNDER REGULATION 59.

15. YOUR PARAGRAPH 8. WE AGREE THAT AN AMENDMENT OF SECTION 8(2) OF THE PENSIONS ORDINANCE WOULD GIVE RISE TO DIFFICULTIES

WITH STAFF ASSOCIATIONS ABOUT THE GENERAL RIGHT OF OFFICERS TO

RETIRE. IF YOU ARE AGREEABLE TO THE AMENDMENTS WHICH WE

HAVE PROPOSED TO REGULATION 59 AND TO THE USE OF REGULATION 55,

THERE IS NO NEED TO PURSUE THE SUGGESTION THAT SECTION 8 OF THE

PENSIONS ORDINANCE BE AMENDED, WE AGREE WITH YOUR VIEW THAT SECTION 8

SHOULD BE CONCERNED WITH RETIREMENT AGE AND NOT WITH DISCIPLINE,

16,

THERE MAY BE CASES IN WHICH WE WOULD WANT TO GRANT SOME

PENSION OR GRATUITY TO AN OFFICER DISMISSED UNDER REGULATION

55 AT THE PLEASURE OF THE CROWN. WE SUGGEST THAT THIS COULD BE

ACHIEVED WITHOUT AMENDMENT OF THE PENSIONS ORDINANCE, BY PROVIDING

IN REGULATION 55 THAT AN OFFICER REMOVED FROM THE PUBLIC

SERVICE UNDER THAT REGULATION MAY BE TREATED FOR THE PURPOSE

OF ANY PENSIONS LAW FOR THE TIME BEING IN FORCE IN HONG KONG

AS IF THE TERMINATION OF HIS SERVICES WAS DESIRABLE IN THE PUBLIC

INTEREST - FOLLOWING THE WORDING OF SECTION 7 OF THE PENSIONS ORDINANCE, CHAPTER 89.

17

YOUR PARAGRAPH 9. WE ARE GRATEFUL FOR YOUR SUPPORT

AND HOPE THAT YOU WILL FIND NO DIFFICULTY IN BACKING US IF CONTRACT OFFICERS ARE DISCHARGED WITHHOUT REASON BEING GIVEN TO THEM AND REPRESENTATIONS ARE SUBSEQUENTLY MADE TO YOU.

18. YOUR PARAGRAPH 11. SECTION 10 OF THE PREVENTION OF BRIBERY ORDINANCE. I APPRECIATE YOUR FEELING THAT THE EXTENSION OF THE BURDEN IS OPEN TO OBJECTION. NEVERTHELESS, WE FEEL THAT THE SECTION SHOULD BE AMENDED SO AS TO ALLOW EVIDENCE TO BE

ADDUCED OF RESOURCES IN THE HANDS OF AT LEAST THE CLOSE RELATIVES OF THE ACCUSED. WE BELIEVE THAT THE PUBLIC WILL REGARD THIS

AS OF SOME IMPORTANCE IN SHOWING THAT WE ARE DETERMINED TO TRACK

DOWN PUBLIC OFFICERS WHO ARE LIVING ABOVE THEIR MEANS.

19.

YOUR PARAGRAPH 12, MAXIMUM PENALTY. WE AGREE THAT THE

PUNISHMENT FOR OFFENCES UNDER ALL SECTIONS OF PART 2 OF THE ORDINANCE (EXCEPT SECTION 3) SHOULD BE THE SAME AND SUGGEST THAT THE

BENT

3 CONFIDENTIAL