TNAG-2318-FCO40-3362-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 4

2 April 1991

HKC 236/

C&APR 1991

DESK OFFICE?

PA

ON OND

Foreign & Commonwealth

Office

31

London SWIA 2AH

Telephone: 071-

70-2652

Miss Anna H M Kwong

Constitutional Affairs Branch

Government Secretariat

Lower Albert Road

Hong Kong

Dear

Anna,

PETITION TO HER MAJESTY THE QUEEN FROM MR HUNG KAI-MING, SUPERINTENDENT OF CORRECTIONAL SERVICES

Please refer to your letters of 23 October 1990, 3 January and 16 January 1991.

1.

2. Mr Hung Kai-Ming's petition to the Queen has been rejected. I enclose the original of my reply to Mr Hung and should be grateful if you could forward it to him in accordance with normal practice.

3.

However, there is one aspect of this case which I would like to draw to your attention. In his memorandum to the Secretary of State of 16 January 1990, Mr Hung complained that he had not been given the opportunity to plead in mitigation before a punishment was awarded to him. From the attached Explanatory Notes on Procedure at Disciplinary Hearing (No 10), and from papers referring to another case (sent by Mr Hung with his memorandum), it appears that Mr Hung should indeed have been given this opportunity. Although we do not take the view that Mr Hung was prejudiced by this, it amounts to an undesirable breach of the disciplinary regulations.

4.

However, this aspect of disciplinary procedure strikes us as somewhat anomalous given that the right to plead in mitigation is not provided for in the Colonial or Civil Service Regulations. We would be interested to know therefore what the status of the Explanatory Notes is, and if this procedure is followed only in the Correctional Services Department.

WINAJB/CC