TNAG-0816-FCO40-1022-Police-corruption-Independent-Commission-Against-Corruption--1978 — Page 209

CONFIDENTIAL

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6. At the same time I share the Governor's conviction that

the Hong Kong Police should rid, and be seen to rid, themselves of corrupt officers. The means to do this exists in Regulation 55 which allows the Secretary of State, without special formalities, to inform an officer that it is no longer the pleasure of the

Crown that he should continue to hold office. This Regulation has, until now, been used only in cases of malpractice where it has not been possible to put the evidence to the officer concerned because the disclosure would compromise a delicate source. In the Yau ma tei cases proof of corruption does, we are assured, exist but cannot for the reasons explained above be put to the officers concerned. There is no suggestion in any precedent that only security considerations can preclude evidence from being made known.

7. If the Secretary of State is to act under this Regulation it is important, in case of subsequent questioning of his actions, that he be provided with evidence sufficient to convince any

reasonable person that the officer concerned had committed misconduct. Even then Ministers will need to accept that some degree of risk attaches to such a course. One can visualise

cases arising in which although Ministers are themselves convinced

of the guilt of an officer they will not be able to produce evidence which will be unchallengeable or even say what misconduct has been alleged against him. I suggest that such a degree of risk is acceptable. I recommend, therefore, that the Governor be informed that, while we cannot commit the Secretary of State in advance, sympathetic consideration will be given to any recommendation from the Governor to the Secretary of State that an officer who is believed to have acted corruptly should be dismissed under Colonial Regulation 55, provided reasonable evidence of his guilt can be produced to the Secretary of State and a reason for dismissal (not involving criminal charges) can be given to the

officer.

CONFIDENTIAL

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