TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 29

CONFIDENTIAL

GR 378

FLASH

CYPHER CAT A

Fit FC0 19 1088 Z

CONFIDENTIAL

19-0070773

HICKCH

LAN

279

(HK) 249

TO FLACH GOVERNOR HONG KONG TELNO 1352 OF 19 OCTOBER. 1973

YOUR TELNO 1181:

1. WE ACCEPT THAT IF

270

IS ACQUITTED YOU MAY NEED TO RETIRE HIM

QUICKLY AND PUBLICLY IN ORDER TO MAINTAIN CONFIDENCE IN THE

GOVERNMENT AND THE PUBLIC SERVICE, ALTHOUGH IT WILL HAVE TO BE

BORNE IN MIND THAT IF HE GETS OUT OF HONG KONG AND THEN SUFFICIENT

EVIDENCE IS COLLECTED FOR A NEW CHARGE UNDER SECTION 10 WE

MAY HAVE ANOTHER GODBER CASE ON OUR HANDS.

I

2. IF, HOWEVER, YOU NEED TO ANNOUNCE HIS RETIREMENT AT ONCE, WE SEE PROBLEMS ABOUT A FIRM DECISION TO DO SO UNDER REGULATION

55 WITHOUT PENSION, BEFORE I CAN CONSIDER THE EXERCISE OF THE QUEEN'S PLEASURE UNDER THIS REGULATION, HUST HAVE THE OPPORTUNITY TO STUDY ALL THE EVIDENCE, AND I AM ADVISED THAT THIS RESPONSIBILITY CANNOT BE DELEGATED TO YOU. WE CAN ACT QUICKLY, BUT NOT IN TIME FOR YOU TO TAKE ACTION ON THE 19TH OR IMMEDIATELY THEREAFTER, STACE WE DO MUT HAVE THE PAPERS,

3. SIMILARLY YOU COULD NOT SAFELY EITHER TELL

PRIVATELY OR

ANNOUNCE PUBLICLY THAT YOU HAD DECIDED TO RECOMMEND TO ME THAT

HE SHOULD BE RETIRED WITHOUT PENSION. IT MAY BE ONLY A THEORETICAL

PROBLEM BUT IF IN THE END IT WERE DECIDED THAT ON THE EVIDENCE WE

COULD NOT JUSTIFY THE WITHHOLDING OF A PENSION (C.F. PARA 5 OF MY TELNO 1000), WE WOULD BE FACED WITH THE SAME PROBLEMS FOR OUR

RELATIONSHIP AS IN THE TSOI CASE.

4. ON THE OTHER HAND, IF, AS SEEMS PROPABLE, YOUR MINIMUM REQUIREMENT

13 TO BE ABLE TO SAY YOU HAVE DECIDED THAT

MUST CO, THEN

THERE MAY BE NO NEED TO DECIDE MOV WHETHER REGULATION 55 IS

APPROPRIATE. I CAN AGPEE NOW, FROM ALL THE FACTS SURROUNDING THE

CASE, THAT H

NTION IN THE PUBLIC SERVICE IS NO

LONGER IN THE PUBLIC INTEREST, AND THAT HIS SERVICE SHOULD

CONFIDENTIAL

THEREFORE