274
CONFIDENTI AL
NICK14/17
262
Miss Kelly (HKIOD)
This as a
Copy of
minate
2638
사
CORRUPTION IN HONG KONG :
1.
With reference to your minute of 16 October, I consider that if the criminal proceedings against
fail because the prosecution is unable to adduce admissible evidence of the fact that large sums of money are held in his German bank account, consideration can properly be given to terminating his service under the Crown by an exercise of Her Majesty's pleasure.
2.
The Governor states that he has firm evidence of a large sum of money in the German bank account.
If 80,
I think the Governor should be invited to address the Secretary of State formally giving his reasons for recommending termination of service and adducing the evidence. I do not see how the Secretary of State could be expected to give a decision by 19 October nor do I see any necessity for this.
3.
Since the Governor cannot disclose to
the extent of
his information about the German bank account, he is not in a position to afford
an opportunity for meeting the case That being so, I see little object in his putting
against him.
-
questions to
it seems immaterial whether or not admits to the existence of the German bank account which has apparently been mentioned in evidence before the court. It is unlikely that he would make an admission as to the amount of money in the account or say anything that would lead to the discovery of other accounts overseas.
4.
If the Secretary of State decides in favour of termination, he should not, as I see it, give any particulars of the grounds of the decision either when conveying it to the officer through the Governor or when answering any questions or representations that may be put or made to him subsequently, in other words I think
In
should be removed from office without cause assigned. order to do this, obviously the Secretary of State must feel sufficiently satisfied, having regard to all the circumstances of the case, of the rightness of the decision to be able to defend it in good faith without disclosing his reasons.
5.
I have no personal recollection of dealing with a case where a serving officer in a colonial territory was removed from office by an exercise of Her Majesty's pleasure. I believe that in the UK civil servants who are thought to be politically unreliable are sometimes removed by this means. I have no experience of such cases either, but I believe that they are based on the findings of a Conference of Privy Councillors in 1955 (Cmd 9715) and that in such cases there is an appeal to three advisers.
6.
I agree that the possibility of a successful action for wrongful dismissal is remote.
7.
A copy of this goes to Mr Champion.
ра
Prit
16 October 1973
CONFIDENTIAL
A.R.R.
A R Rushford
OD 145177 219242 500M 4/73 GM 3643/2
Deputy Legal Adviser
4
Page 15Page 16
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