TNAG-0996-FCO40-1219-Inspection-of-Hong-Kong-and-General-Department--February-198-1981 — Page 8

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than we need, and that there is a deal of discontent with the present organis-

ation.

W. E. Thantill

// 1/11

CODE 18 - 77

CONFIDENTIAL

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Mr. Quastill

Mrs Gregory

Mr Quantrill

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POSSIBLE TRANSFER OF DISCIPLINARY AND PETITIONS WORK FROM

STAFFING SECTION TO GENERAL SECTION

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E. Gregory

8/10/78

1. You asked me to prepare a note on what is involved, together with the recent files.

2. The great majority of cases, both disciplinary and petitions, come from Hong Kong. I attach a list of this year's files. As you will see, only two cases (the Stephens petition from New Hebrides and the Clarke petition from Turks & Caicos) were not from Hong Kong.

3. The basic instructions are contained in DT Departmental Practice Part II Chapter 2 Paragraph 13 and Chapter 3 and the relevant Colonial Regulations are 54-67 for discipline (Appendix II CRS 54-66 for Hong Kong) and 68-71 and 168-173 for petitions.

4.

-

Disciplinary cases are often very simple (e.g. HKA435/393/1 Recommendation for the Sum ary Dismissal of Chief Inspector MOK Sau-tim). At their most basic cases involve a letter to the Department from (usually) Mr Hunter, Deputy Secretary for the Civil Service, Hong Kong (or in the case of other Territories from the Governor or Chief Secretary). I then look at the case to see whether Hong Kong have carried out the procedures correctly and fairly (the rules for Disciplinary Proceedings in Hong Kong are contained in Annex IV to Civil Service Regulations). I also make an initial judgement as to whether the proposed course of action, punishment or compulsory retirement, is merited by the offence. I then minute to Mrs Gregory and on to Mr Bickford, Legal Advisers for his view as to the legal position ( he has in the past come down heavily on Hong Kong for failing to deal with cases properly e.g. the Inspector Kent case in 1976/77, HXA435/393/15 1976, HXA435/393/2 1977 and HKA435/393/1 1977). Sometimes in police cases the file is also minuted to the Overseas Police Adviser.

CONFIDENTIAL