CONFIDENTIAL # #
For discussion
on 24th January 1978
XCC(78)11 Copy No 33. of 80
Аск 382
382/2
2 5 JAN HAS
MI
MEMORANDUM FOR EXECUTIVE COUNCIL
DESK O INDEX
POLICE (DISCIPLINE) (AMENDMENT) REGULATIONS 1978)
A
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 proceedings for such retirement may therefore still be taken against officers who are believed to have been involved in corrupt activity before 1st January 1977,
2
As Members will recall, 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 presently 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, it is necessary to amend regulation 27(3)(d) to make it clear that retirement in the public interest is in fact an alternative to punishment.
3
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. It is therefore similarly proposed to amend the Schedule to make it clear that retirment in the public interest is not itself a punishment but is in lieu of punishment.
4
B
C.S. 166
Honourable Members will be asked to advise whether the Police (Discipline) (Amendment) Regulations 1978 attached at Annex B, which give effect to these proposals, should be made.
(The Secretary for the Civil Service (Mr R. G. B. BRIDGE) and the Law Draftsman (Mr G. P. NAZARETH) will attend before the Council for the discussion of this item).
13th January 1978
(CSBCR L/M (D) 2/78)
CONFIDENTIAL
COUNCIL CHAMBER
機密
10
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