TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 65

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E.G. FOR SECURITY REASONS CANNOT BE PRODUCED IN COURT. THE ANOLOGY

WITH ESPIONAGE CASES (PARA 170 OF THE REPORT) WOULD THEN BE FAIRLY

CLOSE, OR WE COULD CONSIDER AMENDMENTS TO REGULATION 59 TO MAKE IT

EVEN CLEARER THAT THE OFFICER DOES NOT HAVE TO SEE ALL THE EVIDENCE

AGAINST HIM. EVEN IF THE PENSIONS ORDINANCE IS AMENDDED AS

SUGGESTED IN THE REPORT WE WOULD SEE ADVANTAGE IN RETAINING REGULATION 59 FOR USE IN APPROPRIATE CASES RELATED OR UNRELATED TO CORRUPTION.

8. PENSIONS ORDINANCE, SECTION 8(2) : IF AS SUGGESTED YOU RETAIN

AND USE REGULATION 59 THEN THE NEED FOR CHANGE IN THE PENSIONS ORDINANCE IS REDUCED. YOU WILL ALSO WISH TO CONSIDER WHETHER YOUR STAFF WILL EXPECT A CORRESPONDING CHANGE IN SECTION 6 (AA) OF THE ORDINANCE TO MAKE IT POSSIBLE FOR THEM TO RETIRE ON PENISON AT ANY AGE. RETIREMENT UNDER SECTION 8(2)(A) ALSO REQUIRES MY APPROVAL FOR THOSE APPOINTED THROUGH ME. I WOULD INEVITABLY DE PRESSED FOR AN INQUIRY FROM HERE, PARTICULARLY IF THE OFFICER HAD BEEN ACQUITTED ON A CRIMINAL CHARGE. THERE WOULD BE ADVANTAGE IN WARD ING THIS OFF WITH SOMETHING LIKE REGULATION 59 PROCEDURE AND WE WOULD EXPECT YOUR STAFF ASSOCIATIONS TO DEMAND THIS, IN WHICH CASE LITTLE WOULD BE GAINED. WE MIGHT ALSO HAVE TO WIDEN THE CLASS OF

OFFICERS FOR WHOM MY APPROVAL WOULD BE REQUIRED TO SOMETHING LIKE

THE CATEGORIES SET OUT IN REGULATION 66. IN ANY CASE SECTION 8

OF THE PENSIONS ORDINANCE IS CONCERNED ESSENTIALLY WITH RETIREMENT,

AGE. WE ARE RELUCTANT TO USE PENSIONS LEGISLATION AS A MEANS TO ENFORCE RETIREMENT FOR REASONS AKIN TO DISCIPLINARY GROUNDS. IF NEVERTHELESS YOU WANT TO AMEND THE PENSINONS ORDINANCE WE WILL CERTAINLY CONSIDER THIS. DESPITE CR 59(4) YOU MAY ANYWAY NEED TO MAKE SOME CHANGE IN THE ORDINANCE IF YOU WANT TO BE ABLE TO GIVE

A PENSION TO AN OFFICER RETIRED UNDER CR 55 OR 59.

9. CONTRACT OFFICERS: THIS IS MORE A MATTER OF PRACTICE THAN OF

LAW. IF AN OFFICER WHISHES TO DISPUTE THE REASONS FOR TERMINATION HE WILL IN PRACTICE DO SO, EVEN IF THEY ARE NOT FORMALLY STATED. BUT FOR THOSE WHO ARE WILLING TO GO THE CHANGE PROPOSED IN THE

REPORT COULD HAVE ADVANTAGES.

10. OFFICERS ON PROBATION: IF AN OFFICER IS CORRUPT THEN HIS

PERSONAL CHARACTERISTICS ARE NOT SUCH AS TO MAKE HIM A SATISFACTORY

PUBLIC OFFICER. BUT IF THE PRESENT FORMULA IS CONSIDERED INADEQUATE WE WOULD PREFER AMENDMENT TO REVOCATION.

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