TNAG-0679-FCO40-828-Allegations-of-corruption-and-bribery-in-Hong-Kong-1978 — Page 15

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on, his part to appreciate or accept the higher responsibilities of

his new rank. It indicated that unless there were a marked and

sustained improvement in both aspects consideration would be given

to reverting him to his original rank.

There was improvement.

reported a marked improvement in

A few weeks later ir. Tidey

general attitude

and behaviour although he was still having difficulty on the

academic side, possibly due to concern over his precarious position (Exhibit 9). The report at the conclusion of the next stage was

in similar terms, but it again stressed Ir. Tidey's doubts that

possessed those qualities which distinguish an

officer from the rank and file (Exhibit 10).

At the end of the third stage Ir. Morrin recommended to

should not be allowed

the Commissioner of Police that

to pass out from the course. This was not because he had failed

to obtain pass marks in any of the later tests. He had done so. Indeed in the final fortnightly test he achieved exceptionally

good marks and came top of the class. There is a suggestion that

this result was not obtained by proper means and a report thereon

was made to the local station and to the Commissioner of Police

(Exhibit 12). It is not possible to say if this in itself had

any effect upon Mr. Morrin's judgment. It was mentioned in his

report to the Commissioner of Police (Exhibit 2), but basically his advice was that quite apart from the examination results

Sergeant Khan had not overcome these deficiencies of character

or temperament which made him unsuitable to hold the rank of an

officer. Mr. Morrin's opinion was apparently shared by the

remainder of the School staff. The report was sent to the

Commissioner on the 20th November. The following day r. Rolph, the Deputy Commissioner, issued an order reverting Sergeant Khan to his substantive rank. Mr. Rolph gave no reason for the reversion, nor did he give

an opportunity to be heard as to why

the order' should not be rade. It is said that these omissions amounted to a denial of natural justice and Sergeant Khan seeks a declaration that the reversion is unlawful and of no effect and

other declarations consequent thereon.

. It is not possible to list categorically all those circumstances in which the Court will insist that the principles

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