(17259) Dd.897459 250m 12/72 G.W.B.Ltd. Gp.863 (16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863
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so-called "double criminality rule", under which an
offender can only be returned if the offence of which
he is accused is known to the law of both countries.
14.
But
We have consulted the Law Officers, the Home
Office and the Whips and have concluded that a
retrospective amendment of this rule to catch Godber
has no chance of being approved by Parliament.
the Governor has urged that before announcing this
we should consider non-retrospective amendment on
general grounds. Power exists in Section 2(3) of the
Act to apply its provisions with exceptions,
adaptations and modifications, by Order in Council
(subject to affirmative resolution), but the Home
Office think that, in view of the fundamental nature
of the change contemplated, substantive legislation
might be required if the Governor's request were to be
met.
The question is of substantial interest in
Hong Kong. It is widely believed, against all the
facts, that the "Englishman" Godber is being protected
by the Government in the UK.
15. The Home Office have pointed out that there are
substantial arguments for retaining the double crimin-
ality rule. It is now universal in our extradition
arrangements with foreign and commonwealth countries,
and reflects the principle that an individual should
not be forcibly removed from a country where he is
entitled to be, for an act which would not be an offence
if committed in that country; the rule is closely
related to the need to establish a prima facie case
/in
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