TNAG-0411-FCO40-457-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 25

CONFIDENTIAL

THIS IS THE AMENDMENT SUGGESTED IN PARAGRAPH 10 OF MY NO

1090 AND ACCEPTED BY YOU, SUBJECT TO THE SLIGHT MODIFICATION PROPOSED IN PARAGRAPH 5 OF YOUR TELNO 1020. THERE MAY ALSO BE

CONSEQUENTIAL AMENDMENTS TO OTHER PARTS OF CR 59.

4.

WE ARE PREPARED TO LEAVE CRS 61 AND 62 AS THEY ARE IF YOU WOULD

CONFIRM -

(A)

(B)

5.

THAT IF AN OFFICER IS ACQUITED IN COURT ON A CRIMINAL

CHARGE WE CAN USE CR 59(1) TO GET RID OF HIM FROM THE PUBLIC SERVICE PARAGRAPII 2 OF YOUR TELEGRAM NO. 1148 REFERS) WITH

NO PENSION OR A REDUCED PENSION, AS APPROPRIATE: AND THAT CR 55 MAY BE USED IN CASES WHEREE CONVINCING PROOF OF AN OFFICER'S CORRUPTION EXISITS IN A FORM WHICH CANNOT BE USED IN COURT, E.G. FOR SECURITY REASONS (PARAGRAPH 7 OF YOUR TELEGRAM NUMBER 938 REFERS) OR BECAUSE IT CONSISTS

MAINLY OF INADMISSABLE HEARSAY.

WE PROPOSE TO AMEND SECTION 7 OF THE PENSIONS ORDINANCE TO

MAKE PROVISION FOR THE GRANT OF A PENSION TO AN OFFICER REMOVED

FROM THE PUBLIC SERVICE UNDER CR 55, AS AGREED IN PARAGRAPH 4 OF

YOUR TELEGRAM NO. 1148.

5. WE DO NOT PROPOSE TO AMEND SECTION 8(2) OF THE PENSIONS

ORDINANCE ON THE LINES RECOMMENDED BY BLAIR-KERR,

7. WITH REGARD TO THE TERMINATION OF THE SERVICES OF OFFICERS

ON CONTRACT OR PROBATION, WE HAVE AGREED WITH THE STAFF

ASSOCIATIONS THAT AN OFFICER WILL BE GIVEN THE REASONS UNLESS IT

IS IN THE PUBLIC INTEREST NOT TO DO SO, EITHER BECAUSE THE

JUSTIFICATION IS A STRONG SUSPICION OF CORRUPTION, OR FOR SECURITY REASONS,

8. WE HAVE ALSO AGREED THAT THERE IS NO NEED TO AMEND ER 303

DEALING WITH OFFICERS ON PROBATION BECAUSE THE TERM ''PERSONAL

CHARACTERISTICS'' CONTAINED IN THE REGULATION IS SUFFICIENTLY

COMPREHENSIVE TO COVER AN OFFICER SUSPECTED OF CORRUPTION OR OF TENDENCIES TO CORRUPTION (PARAGRAPH 10

OF YOUR TELEGRAM NO. 938 REFERS).

19.17

-Zei CONFIDENTIAL