GR 450
IMMEDIATE
CYPHER CAT A
FM FCO 06114OZ
4KK 382! 2.
CONFIDENTIAL
MOLA
PA
(22
(22)
MI
CONFIDENTIAL
TO IMMEDIATE HONG KONG TELNO 99 OF 6 FEBRUARY
YOUR TLEGRAM NO 118: YAU MA TEI CORRUPTION CASE
1. I FULLY SHARE YOUR DETERMINATION TO ROUT OUT CORRUPT ELEMENTS IN THE PUBLIC SERVICE, PARTICULARLY THE POLICE, AND YOU WILL HAVE 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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