CONFIDENTIAL
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FUGITIVE OFFENDERS
4.
The answer to the first question is, of course, that
the acts constituting the offence of which Mr Godber is
accused in Hong Kong would not constitute an offence under
the law of this country, as required by the Fugitive Offenders
Act 1967 and therefore that his extradition to Hong Kong for
that offence is not possible. But critics are likely to say
that since we have concurred in the law under which he is
wanted in Hong Kong, it is illogical that he should be protected
in this way.
We have heard from Hong Kong (Hong Kong telegram
No 949) that two visiting Labour MPs have suggested that the
Act should be amended. The Acting Governor has asked that we
should give urgent consideration to this proposal.
5. Before the Fugitive Offenders Act 1967 Mr Godber could
have been returned to Hong Kong despite the fact that he could
not have been charged under the law of this country.
Mr Rushford's minute of 22 August points out that the "double
criminality rule" was introduced in 1967 as the result of a
scheme agreed with the other independent members of the
Commonwealth. This scheme was not intended to regulate
extradition between the UK and its dependencies but neverthe-
less the Fugitive Offenders Act 1967 applied the rule in this
context. In principle there is no reason why restrictions
applying to independent Commonwealth countries over whose
legislation we have no control, need extend to dependent
territories, where we have at least a veto on legislation.
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CONFIDENTIAL
16.