TNAG-0704-FCO40-869-Corruption-cases-proposed-by-Hong-Kong-for-dismissal-under-C-1978 — Page 47

GR 335

IMMEDIATE

CYPHER CAT A

FM HONG KONG 290705Z

SECRET

SECRET

HKA 442/393/4

RALLIVED IN PARO. 51 29 MAR 1973

No

But Taken

TO IMMEDIATE F C O TELNO 383 OF 29 MARCH 1978

INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON (PERSONAL FOR COMMISSIONER)

FOLLOWING FOR STEWART HKGD.

MY TELNO 371: YAUMATEI.

CAE

Ri

22

3.2

34

A MEETING WAS HELD AT GOVERNMENT HOUSE THIS MORNING TO CONSIDER

A SPECIAL BRANCH ASSESSMENT OF THE LIKELY REACTIONS TO OUR PLAN

FOR DEALING WITH THE YAUMATEI CASE. A COPY OF THE ASSESSMENT

FOLLOWS BY BAG.

2. IN ORDER TO MITIGATE SOME TO THE POSSIBLE PROBLEMS FORESEEN

IN THAT ASSESSMENT, WE ARE NOW PROPOSING TO MAKE TWO CHANGES TO

THE ORIGINAL PLAN:-

A. INSTEAD OF BEING RETIRED INSTANTLY, THOSE DEALT WITH UNDER CR 55 WILL BE TOLD THAT THEY ARE TO BE RETIRED FOLLOWING A PERIOD

OF NOTICE (THE EXACT LENGTH OF WHICH IS STILL TO BE DECIDED BUT WILL PROBABLY BE ONE MONTH). WE BELIEVE THAT THIS WILL HELP

TO CUSHION THE SHOCK FOR THOSE SUFFERING COMPULSORY RETIREMENT

AND APPEAR TO THE PUBLIC AS BEING MORE FAIR. FOR BOTH

REASONS IT WILL REDUCE THE RISK OF HOSTILE REACTIONS. IT WILL HAVE

THE ADDITIONAL ADVANTAGE OF KEEPING UNDER DISCIPLINE SOME OF

THOSE MOST LIKELY TO REACT IN THE IMMEDIATE AFTERMATH OF D-DAY.

SHOULD THEY CONTEMPLATE MAKING TROUBLE, THEY WILL RISK LOSING

THEIR PENSION RIGHTS. UNDER THE ORIGINAL PLAN WE WOULD HAVE

RETAINED NO LEVERAGE OVER THOSE RETIRED SINCE THEIR PENSIONS

WOULD HAVE BEEN GRANTED AND COULD ONLY BE REMOVED FOLLOWING

COURT-IMPOSED SENTENCE OF IMPRISONMENT.

B. THOSE BEING CHARGED WILL NOT (REPEAT NOT) FIRST BE RETIRED

UNDER CR 55. WE WISH TO AVOID THE ACCUSATION OF DOUBLE JEOPARDY''.

THIS MIGHT CAUSE THE COURTS TO BE MORE LENIENT. ALSO IT MIGHT BE

REPRESENT BY MEMBERS OF THE POLICE AND PUBLIC AS REPUGNANT TO

NATURAL JUSTICE TO ''PUNISH' TWICE FOR THE SAME CONDUCT.

SECRET

3.

M