(1763) Dd.145178 400m 5/73 G.W.B.Ltd. Gp.363
NOTHING TO BE WRITTEN IN THIS MARGIN
CONFIDENTIAL
of a non-retrospective amendment is still under
consideration.
35. The Home Office and Law Officers are opposed to
any change which would involve the abandonment of the
"double criminality" rule in the Fugitive Offenders Act. The Foreign and Commonwealth Secretary has
decided that the difficulties cannot be resolved
before the Prime Minister's visit.
36.
Possible Criticisms: Godber has been protected
HMG approves
in the UK because he is an Englishman.
the laws of Hong Kong; it should not frustrate the
operation of those laws.
37. Line to Take: Mr Godber cannot be returned to
face trial under the Fugitive Offenders Act. Return
would only be possible if the offence of which he is
accused was accepted as a crime in the laws of both
countries. The answer, as the Governor himself has
made plain, is for someone to come forward to give
evidence of actual corruption. Return would then be
possible.
*
38. We are considering the possibility of amending
the Fugitive Offenders Act to abolish the so-called
double criminality rule in relation to Hong Kong. But
so far as Mr Godber is concerned, to amend the law
retrospectively to catch one man would be a very serious
Moreover on general rounds, it would be c
step.
j:
to persuade Farliament to send people away from left
to face trial for offences that are not regarded as
crimes under British law.
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/39.