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IMMEDIATE PHER/CAT A
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CONFIDENTIAL
CONFIDENTIAL HKK 382/2
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TO IMMEDIATE HONG KONG TELNO 91 OF 2 FEBRUARY
FROM STEWART
. YOUR TELNO 118: YAU MA TEI CORRUPTION CASE
LAST
FO
1. I HOPE THAT WE WILL BE ABLE TO SEND YOU A SUBSTANTIVE ANSWER
TO YOUR TELEGRAM UNDER REFERENCE WITHIN A FEW DAYS,
2. YOUR TELEGRAM LED TO SOME DIFFICULTY HERE AS IT REFERS SPEC-
IFICALLY TO THE YAU MA TEI CASE BUT, AT THE SAME TIME, TO ACTION
UNDER CR59 WHICH, IS NOWHERE APPLICABLE TO THOSE UNDER INVESTIGATION
IN YAU MA TEI. FOR THESE, SECTION 16 OF CAP 232 IS THE CORRECT
METHOD FOR IMPOSING COMPULSORY EARLY RETIREMENT.
I HAVE ASSUMED THROUGHOUT THAT YOUR REFERENCE TO CR59 IS A
REFLECTION OF YOUR POLICY THAT COMPULSORY EARLY RETIREMENT UNDER
THE POLICE FORCE ORDINANCE OR THE APPROPRIATE CIVIL SERVICE
ORDINANCE SHOULD BE SUBJECT TO THE SAME CRITERIA AND LEVEL OF
PROOF AS WOULD BE PROVIDED IN CASES DEALT WITH UNDER COLONIAL
REGULATIONS WHICH ARE SUBJECT TO APPROVAL BY THE SECRETARY OF STATE.
THAT BEING SO, THE SUBSTANTIVE ANSWER WILL BE FRAMED IN TERMS OF COLONIAL REGULATIONS BUT WE UNDERSTAND, THAT THE ANSWER REFERS
NOT ONLY TO COLONIAL REGULATIONS CASES BUT ALSO TO THE CRITERIA
USED IN THE APPLICATIONS OF CAP 232 ETC. THERE IS A DIFFERENCE
IN THAT SECTION 16 OF CAP 32 IS MORE COMPATIBLE WITH CR55 THAN
WITH CR59 BUT THIS POINT HAS BEEN TAKEN IN OUR DISCUSSIONS HERE.
3. THERE IS ONE OTHER POINT IN WHICH WE WOULD BE GLAD FOR GUIDANCE.
SECTION 6 OF CAP 69 INDICATES THAT FOR OFFICERS UNDER THE AGE OF
45 APPLICATION OF EG CR 59, WOULD NOT ALLOW THEM TO DRAW A PENSION.
IN THOSE CASES WHERE YOU PROPOSE TO ALLOW THE MAN A PENSION, I SHOULD BE GRATEFUL FOR AN INDICATION ABOUT WHICH SECTION OF CAP 89
YOU PROPOSE TO RELY ON.
OWEN FILES
HKOGD.
LEGAL ADVISER,
OPA
PUSD PS
PS/PUS MR CORTAZZ!. MR MURRA
Ray
PS/LORD GORONLY ROBERTS
CONFIDENTIAL
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