TNAG-0410-FCO40-456-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 49

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4.

There has been press criticism of the proposal to amend

or delete Colonial Regulation 62. This was also mentioned in

the Granada World in Action programme. We originally proposed

a compromise formula which the Governor has rejected. There

is no real need for any change. If an officer is acquitted

in court, he can still under the existing Regulations be

dismissed on other grounds, or retired in the public interest

under Regulation 59. Sir A Blair-Kerr's proposal was that, by

deletion of the regulation, an officer, having been acquitted

in court, could nevertheless be punished administratively on

the same grounds. This is unnecessary and vindictive and

would cause a storm of protest. I think we should stick on

this point.

5. Mr Royle endorsed Mr Youde's recommendation that we should

accept a widening of Section 10 of the Prevention of Bribery

Ordinance if it was agreed by the legal advisers. We might,

however, point out that this will inevitably make it more

difficult to get agreement in London to change the Fugitive

Offenders Act. We are likely to need supporting reasons for

failure to get this change.

6. The Governor would like to amend Section 7 of the Pensions

Ordinance so that pensions could be given to officers retired

under Regulation 55, on Her Majesty's pleasure. This is the

regulation that we have agreed to use where the evidence of

corruption etc cannot be revealed. The Governor's proposal

is sensible.

7.

I submit a draft telegram in reply to Hong Kong telegram

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