TNAG-0713-FCO40-908-Colonial-Regulations-policy-on-disciplinary-procedures-1978 — Page 60

GR 450

IMMEDIATE

Тор соруда

CYPHER CAT A

FM FCO 06114OZ

CONFIDENTIAL

copy. groutward telegram file. My 24/2.

CONFIDENTIAL

HVA 435/393/6.

-

SRT NO. 51

- 8 FEB 1978

PA

YES

I They

• PEGISTRY

Action Taken

hurs Crequin. for info. how Gylen.

9

The spoke. The officer she he told reason for removal under CR55- wiltert disclosing source of info, so to ensure s'il s's position

case of PQ.

TO IMMEDIATE HONG KONG TELNO 99 OF JFEBRUARY

As

YOUR TLEGRAM NO 118:,YAU MA TEI CORRUPTION CASE,

LARY

REC

√

112 13

8/2/78

1. I FULLY SHARE YOUR DETERMINATION TO ROUT OUT CORRUPT ELEMENTS(10) an IN THE PUBLIC SERVICE, PARTICULARLY THE POLICE, AND YOU WILL HAVE H*#922/33/4

MY SUPPORT TO THE EXTENT OF WHAT IS LEGALLY POSSIBLE AND DEFEN- SIBLE. IT WILL BE IMPORTANT FOR PUBLIC PRESENTAION HERE, OF COURSE, FOR THE HONG KONG GOVERNMENT TO BE SEEN TO CHARGE AND TRY AS MANY POLICEMEN AS YOUR ADVISERS BELIEVE CAN REASONABLY

BE CONVICTED.

2. I REALIZE THAT IT WOULD BE HELPFUL TO YOUR OBJECTIVE IF YOU COULD USE CR59 TO DISPOSE OF OFFICERS WHO WILL NOT STAND TRIAL BUT AFTER CONSIDERATION I HAVE CONCLUDED THAT THE REASON YOU PROPOSE TO GIVE TO OFFICERS RETIRED UNDER THIS REGULATION IF THIS WAS THE ONLY REASON, WOULD NOT ENABLE ME TO SUPPORT YOU IN THE EVENT OF AN APPEAL. CR59 CONTAINS A CLEAR REQUIREMENT TO INFORM AN OFFICER OF THE GROUNDS ON WHICH HIS RETIREMENT IS CONTEMPLATED AND TO GIVE HIM AN OPPORTUNITY TO MAKE REPRESENTATIONS. IF THERE ARE CASES WHERE YOU WILL BE ABLE TO GIVE THE OFFICER FULL REASONS FOR COMPULSORY RETIREMENT, THEN I WOULD OF COURSE BE ABLE TO GIVE YOU MY FULL SUPPORT. IF IT IS NECESSARY, AS I ACCEPT IT WILL BE IN SOME CASES, THAT GROUNDS FOR DISMISSAL OR RETIREMENT SHOULD NOT BE PUT TO THE OFFICER, THEN SOME OTHER WAY MUST BE FOUND.

3. I WOULD THERFORE VIEW SYMPATHETICALLY ANY REQUEST FROM YOU

FOR COMPULSORY RETIREMENT UNDER CR55 IN THIS TYPE OF CASE. I REALIZE

THAT IN THE PAST THIS REGULATION HAS BEEN USED PRINCIPALLY WHERE

THERE IS A NEED TO PROTECT A DELICATE SOURCE OF INFORMATION BUT

IN CASES WHERE IT IS NECESSARY THAT THE GROUNDS SHOULD NOT BE PUT

TO THE OFFICER, I WOULD BE PREPARED TO ACCEPT YOUR ASSURANCE THAT THE CR59 PROCEDURE IS NOT POSSIBLE. NEVERTHELESS, IF YOU MADE ANY

REQUESTS TO ME TO ACT UNDER CR55, TO ENSURE JUSTICE AND ANSWER

CONFIDENTIAL

/ POSSIBLE

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