Independent Commission Against Corruption (Hong Kong) - Colonial Regulation 55

Colonial Regulation 55

Colonial Regulation 55 was an executive provision of the highest order for which the colonial Government was not obliged to give cause. It stipulated that "An officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he may no longer hold it may be signified through the Secretary of State, in which case no special formalities are required."

As a safeguard for this regulation, action must be taken by the Secretary of State for Foreign and Commonwealth Affairs in London after review by the Secretary of the Civil Service and the Attorney General for England and Wales. The highest authority would have been the Lord Chancellor.

This regulation was invoked approximately 25 times by the colonial Government up to 1978, twice of which was during the tenure of Governor MacLehose.

Henry Litton, Chairman of the Hong Kong Bar Association questioned the use of Regulation 55, when Regulations 56 and 57 (which provides for "dismissal after due enquiry" before a judge) could have been used. He furthermore said " As far as I know, Colonial Regulations apply to only sovereign gazetted officers", and that "no Chinese policeman has ever been given a copy ...before signing on". Most Legislators supported the move as being under "exceptional circumstances" and "necessary".

The Colonial Regulation has been replaced by the Public Service Order after Hong Kong's transfer of sovereignty to China in 1997.

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