TNAG-0713-FCO40-908-Colonial-Regulations-policy-on-disciplinary-procedures-1978 — Page 42

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL ·

2 -

No.

(sel f. 24 jou

addition), will necessarily be proceeded worth in this (iii) way simply because the conditions net out in

() and (ii) above have Leeu Mete.

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enjoy the trust and confidence of his superior officers. It may then be possible to take action under CR 55 for retirement with full pension benefits.

The signification of the pleasure of the Crown under CR 55 is not the same thing as

dismissal or compulsory retirement and is

not classified as a punishment under

CR 54(3). Action under CR 55 is not

therefore precluded by CR 62 in cases when

an officer has been acquitted of a criminal

charge; Acum under this section will only be telken in very exaptional cincumstances; it should not be assured that a care

in any event, and irrespective of whether action

is taken under (ii) above or not, whenever a corrupt act is proved by a successful

prosecution there should invariably be a further investigation by the department concerned with a view to establishing whether officers who had not been charged or whose prosecution had failed had themselves failed to exercise proper responsibility

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e.g. in the case of superior officers that, even though they were not

aware of corruption, they were in a position where they should have known and, in the case of the same or more junior officers, that they failed to report what was happening. Action

should start as soon as candidates are selected

for prosecution and should proceed under CR 59 as soon as the corrupt act is proved in court;

(iv) officers who admit corruption in giving

evidence for the Crown should be dealt with

under CR 57 as already agreed by the FCO. The investigating body can take cognizance of the evidence given in court;

(v) again as already agreed by the FCO, action

should be taken under CR 59 against officers who are acquitted or have convictions

CONFIDENTIAL

/quashed

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