TNAG-0833-FCO40-1041-Colonial-Regulations-in-the-Dependent-Territories-1979 — Page 48

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A

Mr Hal

see below

Mr Rushford, Legal Advisers

Reference....

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- 2 MAR 22

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1. The amendment to CR 54 (5) in Appendix II is straightforward but the wording proposed by Mr Rushford in the last paragraph of his minute of 27 November 1978 is, as he says, neater.

2. I would suggest the other amendments proposed, to CRs 56, 57 and 59 are unnecessary we should in any case be aiming to make local staff regulations more independent of CRS, not vice versa. Could not the new procedure proposed for Regulation 4 of Disciplinary Proceedings, sub-paragraph (b), be considered as an "investigation" under CRs? If so, the Governor's regulations simply need to draw a distinction - perhaps by calling the first step, where the officer may admit his guilt, a preliminary investigation and any subsequent proceedings a full investigation. The proposed amendments to Disciplinary Proceedings (CR) Regulations would need to be expanded somewhat and we could ask Hong Kong for a further draft amendment.

CODE 18 - 17

10 April 1979

furthery Cla

A E Clarke

Hong Kong and General Department K271 233 4377

C.R 54(5).

Seems ok.

the last

the suggested amendment to CR54(5) at App. It the alternative amendment suggested. Pera. of hur Rushford's minute of 17. Now, world surely result In the Governot being able to delegate power to make requlations or power

under

to dismiss

or require him to retire

CRSQ in the public interest when it is not a punishment.

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I have

no

comments on the Otter proposed

amendments enters the Legal Adussers feel that

it should be made

require an investigation, despite an admission, if

clear that the Governor may still

PTO.