an offence for a public servant to be in control of
resources which he cannot explain.
This provision is
needed in Hong Kong where it is very difficult to
get evidence of actual corruption. But there is no
parallel offence in this country. The Fugitive
Offenders Act 1967 introduced for the first time in its
application to the Dependent Territories, the 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.
15. 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. This could be done by Order-in-
Council. The question is of substantial interest in
Hong Kong. It is widely believed, against all the
facts, that the European Godber is being protected
by the European Government in the UK.
But
16. The argument for retaining the double criminality
rule is that the Home Secretary would be open to
criticism if he authorised the return of a man accused
of something which we do not in this country regard
as a crime. Against this, we approve the laws of the
Dependent Territories. It is not strictly 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 is largely a
/doterrent,