1. Dismissals of Civil Servants:
Colonial Regulations 62 and 55 (James So CSB)
FCO and HK views are set out in the attached documents. But in October 1980 the FCO agreed to consider HK's request for a rewording of CR62 which would permit disciplinary proceedings against an officer on a corruption charge if he had been acquitted of the same or related charges in a criminal court.
2.
Apart from possible arguments based on double jeopardy, (though strictly speaking the principle of double jeopardy relates to trial twice in a criminal court), this change of policy could run counter to UK practice in the Civil Service and Police. This might be difficult to defend in Parliament. Any proposal to amend CR62 would entail a submission to higher authority, possibly Ministers; a very convincing case would have to be made.
Various ways round the problem were canvassed last year in considering specific cases (papers attached): -
3.
a. use of other disciplinary provisions;
b.
retirement at 45 (Police) or other administrative method.
We have heard no more. Could Mr So say what was decided?
4.
There may be scope for greater use of CR55 as proposed last year; we are ready to advise if the papers could be referred to us. But we must also be sure that all possible alternatives have been explored. It is more satisfactory that an officer is seen to be dealt..with by a full disciplinary enquiry than by summary dismissal at pleasure.
5. Could HK explain where the gaps in the disciplinary provisions exist? How many officers suspended of corruption cannot be proceeded against and why?
CR 62
Ath took point about divina interest.
Exluct
CR 55
of problem: Hill to write.
Quite a
jew cases
Must prepare the calls thoroughly.
CR 59
Sacked & diving "instre dous.
No comments yet.
Private notes are available after approval.