TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 67

CONFIDENTIAL

SUMMARY OF BLAIR-KERR RECOMMENDATIONS AND FCO COMMENTS

Flag D

COLONIAL REGULATIONS AND PENSIONS ORDINANCE

A copy of Colonial Regulations is attached. Appendix II applies

specifically to Hong Kong.

Blair-Kerr 1. Recommends that Regulations 61 and 62 should be revoked so

FCO

that disciplinary proceedings may be instituted irrespective of

whether criminal proceedings are in contemplation and despite

the fact that the officer may have been acquitted by a Criminal

Court. FCO and Hong Kong agree that No 61 should be retained on

the grounds that the principle of sub judice is well established.

2. No 62. FCO have agreed with the Governor's request that

this should be amended and suggested the following draft:

Blair-Kerr 3.

Flag E

Delete words "which do not raise substantially the same

issues as those on which he has been acquitted"; and

add the following proviso:

"Provided that in any such proceedings no decision

adverse to the officer shall be based

(a) on evidence disbelieved by the court in the

criminal proceedings; or

(b) on facts inconsistent with facts found by the

court in those proceedings which have not been

disproved by further evidence that was not

before the court in those proceedings."

Recommends that Regulation 59 should be revoked in toto

and Section 8 of the Pensions Ordinance amended to remove the

253/ phrase "after he attains the age of 45 years"; in order that

/the

CONFIDENTIAL