TNAG-0816-FCO40-1022-Police-corruption-Independent-Commission-Against-Corruption--1978 — Page 205

IMMEDIATE

CYPHER CAT A

GR 155

FM HONG KONG 031033Z

CONFIDENTIAL

До

HKK 382/2

RACIVED IN REGISTRY NO. 51 - 6 FEB 1978

DEX

PA

་་་་

REGISTRY ¡Action Taken

CONFIDENTIAL

TO IMMEDIATE F C O TELNO 145 OF 3 FEBRUARY 1978. Ne

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.

C. WE HAD THOUGHT THAT THE WORDING OF SECTION 16 POINTED DIRECTLY

NC

"O CR 50 RATHER THAN 55.

C. FOR THESE REASONS WE HAD ASSUMED THAT COMPULSORY EARLY RETIREMENT OP A POLICE OFFICER IN CIRCUMSTANCES WHERE NO PUNISHMENT WAS

INTENDED SHOULD BE EFFECTED UNDER CR 59 AND NOT UNDER SECTION 14

OF THE POLICE FORCE ORDINANCE.

2. 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 0" CAP 232 (AS YOU PREFERRED). ?

5. YOUR PARA 3. PROVISION FOR PENSION IN SUCH CASES IS MADE ?

SECTION 7 OF THE PENSIONS ORDINANCE.

MACLEHOSE

FILES:

H A & C D (5)

LEGAL ADVISER

MR CORTAZZI

OPA

PS/PUS

FUSL

MR MURRAY

*PS/LORD GORONWY ROBERTS

CONFIDENTIAL

!