C
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CONFIDENTIAL
BAKERSFIKE A POTEZA Maaga EA SAN MAR
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SAVING DISPATCH
SA_249/265/01
Your ref: CR 2/2666/5).IV
From the Secretary of State for Commonwealth Affairs
To the Govomer, Hang Kong
Dato
27.9.63.
No. 581 Saving
20
(17)
(14)
BBE
(26)
4
- (4)
Your Saving Dospatch No. 570 of the 20th Novembor, 1967.
Disciplinary ProccčuussO
I agroo in principlo to the introduction of a new code of disciplinary procedure for Hong Kong.
2. A number of points arising out of this proposal have been the subject e2 correspondence and discussion between your Attorney-General and my loyal advisors and in preparing the draft of the cedo account will no doubt be taken of the conclusions they have reached, as recorded in Sin Ardus Gratton-LJllow's semi- official letter of 14th August (Roforunco : SA 249/255/01) to the Attorney- Gonoral. A copy of the record of the latest discussion cf 26th July is cnclosed.
In this ccncotica, I approciato that the difficulties that have crisen in Hong Kong aro in necauro due to the formal procedures adopted by tribunels inquiring into disciplinary ca000. I enggest for your consideratian that seno of those difficulties would be removed by the inclusion in the proposed codo of a prevision similar to paragraph 7(0) of section K of the United Kingdom Estacade. Such a provision might aloɔ, to some extent, obviate the nood to specify what degree of proof is required in such cases and moko it umecessary for anything to be stated on the subject in any dircotians that might be given to a tribunal. I colose a copy of the relevant provicians of the Estacodo.
3. Defore offost oculd be given to get proposale it would, as you have envisaged, be necessary to modify Joleniel Regulations in their application te Long KC2g. Subject to cay comments you may wish to offer, I should be proparod to approve their modification on the lines of the enclosed draft, I should, however, dzuw attention to propostă C.R. 60 concerning the retirement of officers in the public interest. It would be appropriate to invelto this providden du the case of an officer the, although sequitted on a swiminal or disciplinswy charge, had by his own condnot brought himself into cuch 111-repute with his colleagues and the general public that he could no longer be regarded as o useful officor. But there may also be the caso whore an officer, cleared of
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