TNAG-0713-FCO40-908-Colonial-Regulations-policy-on-disciplinary-procedures-1978 — Page 24

CONFIDENTIAL

COVERING SECRET

Mrs Gregory

Mr Thompson é прябва

Mr McLaren

LABT

HKA435/393/6

Reference

10/8

RECLINATI MEGISMY NO. 51 1 8 AUG 1978

THIS IS A COPYGER

REGISTRY

INDEX

PA

Action Taken

UNTIL ADION

DION No.

THE ORIGINAL HAS BEEN CLOSE

P.P, 20

UNDER FOT

10

38

(21

lag A lag B

lag C

In Appendice.

I

CALL ON MR MCLAREN BY SIR DONALD LUDDINGTON (ICAC COMMISSIONER-

DESIGNATE)

1. Mr McLaren has asked to be briefed on the Colonial Regulations on discipline, prior to Sir D Luddington's call on Monday 14 August.

4

L

2. The basic documents on this subject are Colonial Regulations, Appendix II (CRs 54-66), Mr Champion's letter HX18/501/5 of 9 April 1974 to Mr Scott, then Secretary for the Civil Service, Hong Kong and 'Notes and Forms on Official Proceedings under the Colonial Regulations against an Officer for Offences' by Sir Alison Russell. CRs 54-66 are the regulations under which the Governor deals with serious disciplinary offences, the sorts of thing that result in compulsory retirement and dismissal; they would repay reading right through. Mr Champion's letter sets out the FCO interpretation of CRS 54-66 and would also repay reading right through. 'Notes and Forms' gives legal opinion on the use of CRS; Mr McLaren should be aware of its existence in case Sir Donald mentions it, but it is a long heavy read made more difficult by the fact that Col Regs have been renumbered since 'Notes and Forms' was published.

3. As ICAC Commissioner-designate, Sir D Luddington's primary interest will be in the use of CR55 which is the catch all regulation: 'An officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required'. 'Notes and Forms' explains that the provisions of this regulation are exercised only in very exceptional cases, for if a case could be made out for action to be taken under the regulation, there would generally be no reason why the usual proceedings under the CR for dismissal or retirement (CR57 or 59) should not be taken in the Rerritory and, where appropriate the result submitted to the Secretary of State. The 'classic' example of the use of CR55 is where the information which leads the Governor to conclude that he must dispense with the services

K

DE 18.17

CONFIDENT TAT.

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