TNAG-1132-FCO40-1411-Disciplinary-action-under-Colonial-Regulation-62-1982 — Page 5

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p/w +Submit Mr Orift J.i.

mrchivesey - for draft acknowledg

布政司署

香港下亞

畢道

тель

thu Hali f'GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

سو

本署檔號 OUR REF: DP 66/25-C

來函檔號 Your REF.:

Dean Henry,

Colonial Regulation 62

19th April 1982

2214

not kept!

Сору

In July last year we proposed an amendment to

Colonial Regulation 62 to enable disciplinary action to be taken against officers acquitted in court. In respond to your letter of 15th December 1981, we conducted further research with a view to determining whether there was sufficient evidence to argue that Colonial Regulation 62 should be amended exceptionally for Hong Kong.

We reviewed all ICAC cases reported since 1977 in which Crown servants were put on trial and acquitted, examined in each case whether Colonial Regulation 62 was an obstacle and considered whether other management devices could have been used to determine the services of those whose integrity and conduct were in doubt. Our conclusion is that the number of cases in which an amended CR 62 would have been the only workable instrument for dealing with the officer was small. In some of the cases, the solution could be found in the wider and more flexible use of Colonial Regulation 59.

Having thus concluded our research, I now with- draw the proposal to amend Colonial Regulation 62. We shall be keeping the position under review and if individual cases arise in the future where the present wording of CR 62 presents a problem, I shall write to you again on a case by case basis.

H. McQuade, Esq,

Yours sincerely,

G. Sin

(Gordon K.C. Siu)

for Secretary for the Civil Service

Hong Kong & General Department, Foreign & Commonwealth Office, London SW1A 2AH.

HKG 435/2.

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: LAST

REF.

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