SECRET
Commissions of Inquiry Ordinance Cap.86
First Report of the Commission of Inquiry appointed on 13th June 1973 by the Governor in Council, in exercise of the powers conferred by section 2 of the Commissions of Inquiry Ordinance Cap.86.
Attached to this report and marked "A" is a copy of
the instrument appointing me Commissioner to inquire into the
matters set out in paragraph 2 of the instrument, being, in the
opinion of the Governor in Council, matters of public importance.
Under section 2(2)(c) of the Commissions of Inquiry Ordinance,
Mr. L.A. Richardson was appointed Secretary to the Commission;
and, under section 6(4), Ir. B.A. Sceats, Assistant Principal
Crown Counsel, having been nominated by the Attorney General, I
appointed him counsel for the Commission.
I am required within 3 weeks (i.e. on or before
4th July 1973) to:-
"report on the circumstances in which a person,
whose prosecution under the Prevention of Bribery Ordinance was at an advanced stage of consideration, was able to leave Hong Kong.
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My inquiries have been directed primarily towards ascertaining
the circumstances in which a police officer named Peter Fitzroy
Godber, whose prosecution for an offence under section 10 of the
Prevention of Bribery Ordinance was at an advanced stage of
consideration, was able to leave Hong Kong.
No direction was given by the Governor in Council under section 3(e) of the Commissions of Inquiry Ordinance; but under paragraph (i) of section 4 I felt compelled to order that
the holding of the inquiry, as regards this particular matter,
would be in camera. My reasons for so doing were these: It was apparent to me that Godber might well have to face a criminal prosecution. Inquiries under Cap.86 are basically inquisitorial in character; and, under section 4(a), Commissioners may
"receive and consider any material whether by
way of oral evidence, written statements, documents or otherwise, notwithstanding that such material would not be admissible as evidence in civil or criminal proceedings.
Before the commencement of the inquiry, I had no idea what material
would be placed before me, or what I might feel compelled to call