TNAG-0713-FCO40-908-Colonial-Regulations-policy-on-disciplinary-procedures-1978 — Page 71

布政司署

香港下亞厘畢道

OUR REF.: CSBCR L/M(D) 2/78

來檔號 YOUR REF.:

Dear John

W Theyney

cops

GOVERNMent secRETARIAT

LOWER ALBERT ROAD

Think fut the NG KONG dent

to what you as chapling

26th January 1978

are

Colonial Regulation 59

It has been made clear in a circular to the Civil Service that, notwithstanding the limited amnesty in respect of corruption offences, retirement in the public interest with earned pension is not regarded as a punishment and that proceed- ings for such retirement may therefore still be taken against officers who are believed to have been involved in corrupt activity before 1st January 1977.

New Police (Discipline) Regulations were made and brought into operation last year. Regulation 27(3) of these regulations, a copy of which is attached at Annex A, provides for the action which may be taken by the Governor when a case concerning an inspector is referred to him by the Commissioner of Police. As worded, the inclusion of reference in sub- paragraph (d) to retirement in the public interest might give the impression that this is a punishment and is therefore included in the amnesty. In order to leave no room for doubt, and to bring the regulation into line with the wording of CR 59, regulation 27(3)(d) has been amended to make it clear that retirement in the public interest is in fact an alternative to punishment.

The Schedule to the Police (Discipline) Regulations which sets out powers of punishment also includes a reference to retirement in the public interest which might likewise be construed as a punishment. The Schedule has also been amended to make it clear that retirement in the public interest is not itself a punishment but is in lieu of punishment.

The Police (Discipline) (Amendment) Regulations 1978 attached at Annex B give effect to these decisions.

J

*KA 4.35.1393/6

•

RELIVED IN POISTRY NO. 51

2 FEB 1978

DESK OFFICER

INDEX

دله

REGISTRY

Action Taken

Yours

Tom

ww

(A.J. Hunter)

吧,

Hong Kong & General Department,

Foreign & Commonwealth Office, LONDON SW1.

Encls.