TNAG-2319-FCO40-3363-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 101

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

布政司署

港下亞座畢道

By Registered Mail

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

本署檔號 OUR REF:

(28) in CSO/ADM/LE/1201/89

來檔號 Your REF:

Ms.

Са

Mr G. Fisher

GFIEL

Hong Kong Department

Foreign and Commonwealth Office

King Charles Street

London SWIA 2AH

England

Hrec

7 May 1991

14/5

PA Pensions with

HKC 236/1 other minsting

Ir

hoy.

Am

Dear Mr Fisher,

Petitio

(44)

the Queen: Mr Hung Kai-ming

App. I App. II & III

App. IV

App. V

App. VI

App. VII

+

Your letter

of 24 April 1991, with the letter to

Mr HUNG Kai-ming attached thereof, has been received.

In an

earlier letter, dated 2 April 1991, Miss G. J. Coglin has asked us to comment on the disciplinary proceedings conducted in Mr HUNG's case and I would like to explain the situation in the succeeding paragraphs.

case,

including

The investigation into Mr HUNG's misconduct was conducted under Colonial Regulation (CR) 56, and not the Prison Rules which are applicable to more junior officers in the Department.

In accordance with the disciplinary proceedings regulations governing CR actions made by the Governor and approved by the Secretary of State, an accused officer is given an opportunity to address the Investigating Officer/Committee at the end of the disciplinary hearing on whatever subject relating to his disciplinary

any mitigations of punishment. Mr HUNG had been given such an opportunity at the end of the disciplinary hearing held on 12 December 1988, and at his request, he was allowed to submit his final address in writing in two weeks' time. Mr HUNG then submitted his final address on 20 December 1988. There is hence no breach of disciplinary regulations or prejudice against Mr HUNG. In this regard, you may wish to note that AGCS had confirmed that the disciplinary proceedings in relation to Mr HUNG were properly conducted and the findings supported by evidence.

HUNG's

The Explanatory Notes mentioned in memorandum dated 18 January 1990 (Appendix VII) are guidance notes made by the Correctional Services Department advising accused officers on the procedures of disciplinary hearing conducted under the Prison Rules. It is only an

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