(17259) Dd.897459 250m 12/72 G.W.B.Ltd. Gp.863
NOTHING TO BE WRITTEN IN THIS MARGIN
(16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863
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in this country; and the UK courts might have
difficulty in interpreting "foreign" law. If the change
were made, difficulties could arise in individual
cases where a dependency had been allowed to introduce
offences which were unacceptable to some sections of
UK public opinion, and the Home Secretary would
be open to criticism if he authorised the return of
someone accused of such an offence.
Moreover, the
rule has now been in existence in relation to the
dependencies since 1967, and the Home Office is
doubtful whether the Godber case alone would be seen
as a sufficient argument for abandoning a safeguard
that was thought desirable then.
16.
Against this, we approve the laws of the
Dependent Territories. It is not logical for us to
frustrate their operation. The provision is also
discriminatory in its effect, since if Godber had been
a Hong Kong belonger we would not have had to accept
him.
Finally the power of return, if it existed, would
deter people from coming here to escape trial.
17. We have discussed this further with the Law
Officers Department and the Home Office. Section 10
of the Hong Kong Ordinance is the only major piece of
dependent territory legislation which would be covered
by making an exception to the rule. We have agreed
that if any change were to be made, it should therefore
be restricted to Hong Kong and that for
presentational reasons it would have to allow return
for any offence (subject to the continuance of the
/existing
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