TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 69

CONFIDENTIAL

FCO

5. Hong Kong have agreed there is no need to pursue the

proposal to amend the Pensions Ordinance given the agreed

amendments to Regulation 59, and the agreed use of Regulation 55.

It was also agreed that Section 8 should be concerned with

retirement age and not with discipline.

6.

Suggested amendment of Regulation 55 to allow the grant of

a pension or gratuity, in order to avoid amendment of Fensions

Ordinance (Section 7).

7. Agreed that there should be power to grant a pension under

Regulation 55. But even if the regulation is amended, whether

any pension could be granted would still seem to depend on the

terms in which Her Majesty's Pleasure was signified, ie whether

those terms were compatible with Section 7 of the Pensions

Ordinance.

8.

Regulation 65 stipulates that the Public Services Commission

Blair-Kerr be consulted before an officer is required to retire. The Governor

wished to exclude reference to FSC on the grounds that Regulation

59 is not technically a punishment and the fewer people who know

about corruption cases the better.

FCO

9. Given that Regulation 59 will remain part of the armour of

administrative action in cases other than suspected corruption

there would seem every advantage in retaining the obligation to

consult the PSC. In cases where the evidence is too delicate to

be given to the PSC the Governor is likely to be using Regulation

55 where the requirement does not arise and in other such cases

the FSC can be consulted quickly and in confidence. From our

point of view the concurrence of the PSC is a safeguard against

/Parliamentary

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CONFIDENTIAL