CONFIDENTIAL

Drifs for discussion will quenc

178

A

NICK (4/17

MR GODBER AND THE BLAIR-KERR REPORT

1. Mr Godber is still in this country and is stoplisted with Immigration Officers at airports and seaports.

This

is, however, a temporary expedient and the Legal Advisers think that in the absence of further action to get Mr Godber back to Hong Kong we could only continue to prevent him from leaving this country for a matter of weeks rather than months. If, therefore, there have been no further developments by about mid-September we shall have to consider recommending that restrictions on Mr Godber's movements should be removed.

2.

1

Meanwhile, however, the public in Hong Kong and to some extent in this country have become convinced that Mr Godber

Some has not been sent back because HMG do not want to do so. student demonstrations have been held in Hong Kong, but these have not so far been serious and the Hong Kong Government do not expect them to be. Two Members of Parliament returning from a recent visit to Hong Kong have commented on a "growing anti-British feeling" in Hong Kong because of the non-return

of Mr Godber.

3. We cannot return Mr Godber to Hong Kong because of the "double criminality rule" enshrined in the Fugitive Offenders Act 1967; because 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, his extradition for that offence is not possible. The double criminality rule was introduced in 1967 as the result of a scheme agreed with the

/other

I

CONFIDENTIAL

Share This Page