* C.S: 30A
(Rev.) 2600017
CONFIDENTIAL
SAVING TELEGRAM
From the Governor, Hong Kong
To the Secretary of State for Foreign and Commonwealth Affairs
Repeated to:-
Repeated to:-
Date.............
My Reference.......
Your Reference..
No.
No.
No.
Frozosed Disciplinary action
13.
lowever,
In view of the officers' defiance of the Commissioner's orders and their absence from Suty without leave, the Commissioner considers that the officers should be dismissed from the service. disciplinary proceedings can be taken against them under the rolico Force vriinance as the officers are act in long kong and the prescribed disciplinary procedure against police inspectors cannot be taken in the officers' ahuence. The Commissioner has therefore recommended that proceedings be taken under Colonial regulations to affect the officers'
disriscal.
14.
I agree with the Jezmissioner that, in the interesta of staff discipline in the Folice Force, quite apart from their possible involvement in corrupt activities, these officers should not be allowed to resign by payment of salery in lieu of notice. Disciplinary charges under CR 57 for absence from duty without leave and failure to obey the Commissioner's orders to report for duty ware therefore drawn up and sent to the officers by registered mail to their last known addresses. They were informed of the proposal to hold a disciplinary enquiry, and given three weeks to admit the charges or subait representations to exculpate themselves. There has been no reply from either officer, and it cannot be ascertained whether the communications reached them.
15. In these circumstances, my legal advisern consider that, for much the same renaca as provents this use of the rolice Force Ordinance against Hr. Sin and Mr. an, there is some doubt as to whether Jn 57 can properly be used to dismiss these officers. The present - regulations and procedures prescribed for a de 37 disciplinary investigation (which wore forwarded to you under cover of my saving Jespatch No. 1406 ated 19th -ecember 1969 and approved by you in your waving Desnatch JA 243/265/01 of 25th June 1070) Lake no provision for dealing; with cases where an officer is abcent From duty ithout leave. The procedure envisages that an officer will be informed of the details of the case against him and given an opportunity to make is defence or challenge the evidence presented against him; thece requirements cannot be fulfilled in these two cases. There are provisions for the proceedings to be conducted in the officer's absence only if he wilfully fails to attend the hearing after he is informed that an enquiry is to take place. Hy legal advisers are of the view that it is desirable to make specific provision for summary dismissal in cases of prolonged absence frms duty or refusal to perform duty.
16. No action can be taken against these two officers without your prior approval under JK 66 as their pensionable emoluments exceed 53,500 per month. I should be grateful therefore for your advice as to whether CR 57 may be used in these two cases. If you consider that it is not appropriate to use CR 57, the only alternative under existing
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/.... Colonial
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