5. I should explain that cases dealt with under CR 57 (3) and CR 58 do not cause us the same concern because they are not based on the subjective views of the SCS. Objective proof (for CR 57 (3) cases, if an officer cannot be traced or if he has failed to give an excuse for his absence; and for CR 58 cases, if an officer has been convicted on a crimminal charge or charged with a criminal offence and the Court finds the charge proved) is required in these cases and therefore the two natural justice principles outlined above would not apply.
6. As to timing at this end, it may take a while to be able to give the Secretary of State's approval for your proposals. CR 54 (5) requires us to consult him on this. Given the election campaign, we doubt he will be in a position to consider this matter: and it may take some time before the new Government has settled in. I apologise for this further possible delay.
Yours sincerely, Emma Williams
E L Williams
Hong Kong Department
REGABN
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