CONFIDENTIAL
THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT
PMV(HK)(74)10
COPY NO
56
14 December 1973
PRIME MINISTER'S VISIT TO HONG KONG
12th-14th JANUARY 1974
FUGITIVE OFFENDERS ACT 1967
Brief by Foreign and Commonwealth Office
1.
There has been and still is strong public pressure in
Hong Kong for the return of Mr Godber (see Brief No 9).
Sir Alastair Blair-Kerr, in the report of his Commission of
Enquiry into the Godber affair, recommended amendment of the
UK Fugitive Offenders Act 1967 to make it possible to send
Mr Godber back for trial in Hong Kong. The obstacle is the
"double criminality rule" in the Act, which prevents return
unless the offence concerned is a crime in both countries.
There is no corresponding offence in this country to Section 10
of the Hong Kong Prevention of Bribery Ordinance, which makes it
an offence for a public servant to be in possession of pecuniary
resources disproportionate to his official emoluments unless he
can offer a satisfactory explanation. The Hong Kong Police have
been vigorously trying to find evidence to charge Mr Godber with
some other offence eg the actual taking of a bribe, for which the
Fugitive Offenders Act could be used, but so far without success.
2. We have told the Governor that retrospective amendment to
catch Mr Godber is not possible, but that we would look again
at the possibility of a change in the law on general grounds which
/would
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CONFIDENTIAL