TNAG-0713-FCO40-908-Colonial-Regulations-policy-on-disciplinary-procedures-1978 — Page 7

HKA 435/393/6.

RECEIVED

1 1 DEC 1978

NC. 51

DESK OFFICER

PAUS RY

INDEX

PA

CRON T. &

Civil Service Department Whitehall London SW1A 2AZ

Telephone (Direct dialling) 01-213 45663

(Switchboard) 01-213 3000-

A E Clarke Esq

Hong Kong & General Department Foreign & Commonwealth Office LONDON

SW1

Now

Your reference

HKA435/393/6

Our reference

Date

December 1978

see (30

28

Dear Clarke

HONG KONG: DISCIPLINARY CASES IN THE PUBLIC SERVICE

Thank you for your letter of 1 December concerning an enquiry from the Hong Kong Civil Service as to forfeiture of pay during suspension.

1.

2.

I enclose a copy of the rules currently applying in the UK Home Civil Service, as set out in Estacode Kb8-10. Our general policy, in brief, is that where an officer's suspension from duty pending enquiries is considered essential, suspension will be on full pay until there exists good reasons for withdrawal of pay. This is on the principle that a man will be presumed innocent until he is proved guilty.

3. In exceptional circumstances, withdrawal of pay - which will normally mean half pay, but see below

may be justified in advance of a conviction or an admission of guilt, for example in cases where there has been a substantial misappropriation of public funds or where the Civil Service has been brought into serious disrepute.

4.

M

Once an

Where it is considered that there are grounds for withdrawal of pay, urgent consideration will be given to the question of hardship. Each case is considered on its merits but in most such cases half pay is probably appropriate. But exceptionally - eg on the one hand where there has been a substantial misappropriation of public money, or where the officer has few on-going financial commitments and is held in custody, or on the other, where half pay would plainly be insufficient to prevent grave hardship it may be appropriate to allow less or more as the case may be. officer has been convicted or the department has decided he should be dismissed and it has become apparent that, subject to a successful appeal, the officer is unlikely to be retained in the public service, there will generally be a strong presumption that the payment of any allowance should be stopped. Money paid to an alleged offender during suspension cannot normally be recovered.

5. I hope that this information enables you to answer the query from Mr Hunter, but if there is any further detail which you require please do not hesitate to let me know.

معسل

sincerelys

$2Dani

S R Davie

ENC

LAST

(27

RE

NEXT

REF.

MK