TNAG-0713-FCO40-908-Colonial-Regulations-policy-on-disciplinary-procedures-1978 — Page 63

7)

IMMEDIATE

CYPHER CAT A

GR 155

FM HONG KONG 031033Z

CONFIDENTIAL

CONFIDENTIAL

TOP JUPI

HKA 435|393/6

RECEIVED IN HIGIRY NO. 51

6 FEB 1978

DESK OFFICES

DEX -

PA

༦

ཡ་ས་

PEGISTRY Action Taken

TO IMMEDIATE F C O TELNO 145 OF 3 FEBRUARY 1978. NO

FOR STEWART.

YOUR TELNO 91: YAU MA TEI CORRUPTION CASE.

1. WE HAD ALWAYS UNDERSTOOD SECTION 16 OF THE POLICE FORCE ORDINANCE TO BE A SAVING OF COMPULSORY RETIREMENT UNDER CR 59: THE SAVING BEING NECESSARY ON ACCOUNT OF THE ARGUMENT THAT MIGHT OTHERWISE BE RAISED THAT THE DETAILED PROVISIONS IN THE ORDINANCE

FOR THE DISCIPLINE OF RANK AND FILE AND INSPECTORS EXCLUDE

COLONIAL REGULATIONS IN THEIR ENTIRETY.

2. WE HAD THOUGHT THAT THE WORDING OF SECTION 16 POINTED DIRECTLY TO CR 59 RATHER THAN 55.

2. FOR THESE REASONS WE HAD ASSUMED THAT COMPULSORY EARLY RETIREMENT

OF A POLICE OFFICER IN CIRCUMSTANCES WHERE NO PUNISHMENT WAS

INTENDED SHOULD BE EFFECTED UNDER CR 59 AND MOT UNDER SECTION 16

OF THE POLICE FORCE ORDINANCE.

4. HOWEVER WE CERTAINLY AGREE THAT CR 55 IS A MUCH SIMPLER PROCEDURE. WOULD YOU AGREE TO ITS USE IN SUCH INSTANCES AS

THE YAU MA TEI CASE WHETHER OR NOT COUPLED WITH SECTION 16 OF CAP 232 (AS YOU PREFERRED) ?

5. YOUR PARA 3. PROVISION FOR PENSION IN SUCH CASES IS MADE BY . SECTION 7 OF THE PENSIONS ORDINANCE.

MACLEHOSE

FILE S:

H+ A & G D (5)

LEGAL ADVISER

OPA

PUSD

PS

MR CORTAZZI

PS/PUS

MR MURRAY

LAST

REF

6

PS/LORD GORONWY ROBERTS

CONFIDENTIAL