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have objected. But, at least, the reasonableness, or
otherwise, of his failure to consent, or his objection, could
then have been assessed with a view to seeking the attorney
General's advice on what further steps might be taken to ensure
Godber's continued presence in Hong Kong until the 11th June.
The question of Godber being permitted to retain
Generally
his passport was considered by the Commission.
speaking, no one, other than the Director of Immigration,
has any power to demand that the holder of a passport shall
surrender it; and the Director may only do so in certain
circumstances, with which we are not concerned in this inquiry.
r. Penlington's search warrant recited that there
was reasonable cause to believe that in Godber's quarter there
were
"documents containing evidence of the commission
of an offence under the Prevention of Bribery Ordinance namely bank statements receipts and documents showing title to property";
and Mr. Penlington's warrant authorised Messrs. lorrin, McNutt,
Irvine and Henry to enter the flat, and
"search for, seize and detain the aforesaid bank
statements, receipts and documents showing title to property."
It certainly never occurred to those officers that, in the circumstances of this investigation, it might be arguable that Godber's passport could be said to be a document "showing title to property"; and I do not think that, in the light of all the
evidence before me, I should express a view as to that in this
report. The officers seized everything which they considered.
to be relevant as regards "documents showing title to property".
They did the job which Ir. Penlington authorised them to do; and
they did it well.
However, by the evening of 4th June, the police
realised that they had a very strong case against Godber under
section 10 so strong that Mr. Dawson, very properly, caused
Godber's name to be put on the Immigration Watch List. Indeed, it appears from Ir. Penlington's evidence that this was discussed
even before the issue of the search warrant. His evidence reads: