TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 185

· 7

replaced by

19.

Thus the iron rice bovl was not substituted for

one of clay and the only amendment of any substance was the introduction of the new punishment of compulsory retirement with or without or with reduced pension benefits. A few very

minor additional amendments have been made since then. The

exchange of correspondence with the FCO on the Blair-Kerr recommendations took place in 1973 and early 1974, although the consequential changes to CRs were not in fact made until 1st January 1977. Since that exchange of correspondence, there have been some important developments. This is the period in which ICAC has become firmly established and has moved into top gear against syndicated corruption and, although it was thought that the FCO attitude to the use of CRS was

clear, there have been a number of test cases which have shown

that there were still considerable misunderstandings. As the result of these test cases, it is now clear, for instance, that when an officer is retired in the public interest under CR 59,

he has not only to be given the grounds but also the facts which support those grounds. Since it is usually the absence of facts which has prevented a criminal prosecution, you will appreciate that this makes it very difficult to resort to disciplinary action instead. A further test case concerning an agreement officer has made it clear that we invariably need to give the grounds when we are terminating an agreement, The attitude towards dismissal has changed considerably in Britain in recent years and we have to remember that the climate in which appeals are considered in London is very different from the climate in Hong Kong.

20.

On the other side of the coin, the FCO has agreed to the use of CR 59 against officers who can be held accountable

for turning a blind eye to corruption or for not knowing about it when they were in a position when they should have known. In addition, we are now permitted to take action under CR 59 when officers are acquitted or have convictions squashed on

appeal on technical grounds which do not undermine prosecution evidence accepted by the court. We are allowed to proceed under CR 57 or Disciplined Service Disciplinary Regulations

/against