TNAG-0996-FCO40-1219-Inspection-of-Hong-Kong-and-General-Department--February-198-1981 — Page 10

CONFIDENTIAL

Depending on their replies the file is then minuted to Mr Quantrill and Mr McLaren with a draft telegram of approval, or with a draft letter seeking further information or coments from Hong Kong. 5. At the other end of the scale from the Mok case lies the Yau Ma Tei case (HKA412/393/2 and 4 1978 and also HK Section file HKK382/2). The political implications of retiring over 100 police. officers in the public interest made this very much a Hong Kong Section matter and in fact Mr Thompson was the officer who went

through the case files and drafted the submissions. In straight- forward cases from Hong Kong, we do not mark the papers to Hong Kong Section, though we would do this if there seemed to be a political angle. We would normally mark any case involving another Territory to the appropriate geographical department as well as to Legal Advisers.

no!

6.

There is also a certain amount of policy background work on the disciplinary side, the papers on which are at present in action. The idea is to ensure that Hong Kong and the FCO are at one on how to use CRs54-66, especially CR55 (dismissal at the pleasure of the Crown), which was used in the Yau Ma Tei case in a novel way, having previously been reserved exclusively for cases involving security considerations.

view

no!

7. Petitions action involves examining the petition and the Governor's recommendation, taking an initial an

So whether to support the Governor's line and minuting to the appropriate departments in FCO or ODM and Legal Advisers. When we have their views, a submission is then drafted recommending a course of action for decision by an AUSS (or a Minister if the recommendation is to disagree with the Governor's view). Petitions can be from current or ex-members of the Public Service of a DT and on any facet of their employment promotion, pensions, dismissal etc.

-

It is thus possible to have a petition on one of the disciplinary cases we have already dealt with (e.g. the Hamilton case HKA435/393/4 1978 and HXA5/393/3 1975).

9 October 1978

N Clarke

0.

N F GREEN

mis Gregors has mygested that it might make sense for work on disciplinary cases, deriving from CRs 54-66, and fetitions to be transferred from Staffing to General Section.

What