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from high level colleagues in Hong Kong. As Sir A Blair Kerr
observes, publication may make a conviction more difficult to
obtain; but the Hong Kong Government may well have given up
hope of getting Mr Godber back.
4.
The other factor in the report is the implied criticism
of HMG for insisting on the "unworkable" Section 10(2). This
is unjustified, but not, I think, so offensive as to make
publication positively undesirable.
5. Our objections to Section 10 as a whole are described in
Mr Gaminara's submission of 3 September 1970. They were not
cured by Section 10(2), and our final agreement was given on
general political grounds.
6.
The department's legal adviser has, however, recorded in
his minute of 11 July the reasons why he would prefer to keep
Section 10(2). There is also the point that this is a two
part inquiry. Section 10(2) is not merely a procedural
provision but relates to the nature of the offence. Unless
someone else is about to escape, the best time to consider
the substantial implications of the clause would be in the
overall review of the Ordinance that is to follow.
7.
Nevertheless, since Section 10(2) does not affect our
judgement that the section as a whole is undesirable but
acceptable, we cannot logically protest too strongly if the
Governor considers it necessary to repeal the subsection.
therefore think that, after putting the record straight and
I
CONFIDENTIAL
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