TNAG-0489-FCO40-554-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 165

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CONFIDENTIAL

Mr Rushford

HONG KONG:

1.

COMPULSORY RETIREMENT

As you know we have another telegram (Hong Kong telegram no. 1446) on the question of a reduction of pension in the general context of regulation 62. When we discussed this with Mr Champion before Christmas I accepted that we could not agree to a reduction of pension on the same grounds as those on which the hed been acquitted on a criminal charge, because this would be a "punishment".

2. But in the latest telegram on

the Hong

Kong Attorney General does put forward a case for arguing that reduction of pension is not a "punishment", which I think we should consider further.

3. In the particular case of

we are agreed that there is no need to decide this question since he is over 45 and entitled to a pension. The provisions of Section 7 of the Pensions Ordinance on which Hong Kong rely, are therefore not relevant for the reasons in Mr Rushford's draft of 3 January.

4. Would it be acceptable to make this last point while leaving open the possibility of a review of the wider question of a reduction in pension (which is anyway probably better dealt with in the general context), by replacing the first page of Mr Rushford's draft by something on the lines of the attached.

3 January 1974

сс

Mr Champion/Mr Hall

A C Stuart

Hong Kong & Indian Ocean

Dept.

DD 145177 219242 500M 4/73 GM 3643/2

CONFIDENTIAL

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