(16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863
CONFIDENTIAL
in on
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the file
below
9. We shall be pressed by the Hong Kong Government to
modify the Act of 1967 as the departure of Godber from the
Colony has caused much public indignation and if he is not
returned HMG will be blamed.
10.
We should therefore be very grateful for the views of
the Home Office on the proposal to modify s. 3(1)(c) of the
Act of 1967 in relation to Hong Kong and also on the feasibility
of preventing Godber from leaving the United Kingdom pending
the making of the Order. The origin of the provision is in paragraph 10 of
the Commonwealth Scheme published as Cmnd 3008 but
the
,
you will appreciate that the scheme was concerned with
extradition from one independent Commonwealth country to
another, and was not designed to regulate extradition between
The Fugitive Offenders Act.1881,
the UK and its dependencies.
which was superseded by the Act of 1967, excludes the double-
V
criminality rule see s. 9.
11.
FCO legal advisers have considerable doubt whether
Godber's name should be kept on the stop-list until Parliament
reassembles and the Act of 1967 can be modified. The
NOTHING TO BE WRITTEN IN THIS MARGIN
probability is that Godber will hear of the intention to
modify the Act before the change in the law takes effect and
so he can be expected to try to leave the country.
It seems
On the otte land, f
te were to
drauffear again,
for would
love undoubtedly be an
outery in Henry Kany and damaging allegations the Me Land condoned his
Jescafe.
to them highly questionable whether it would be right to
prevent him leaving the country at a time when he has not been
charged with any offence that is a relevant offence under the
there is
Act and (no evidence of his having committed such an offence.
12.
A copy of this letter goes to de Winton, and we should be
grateful for any comments the Law Officers may care to make on
the matter.
ARS 1319
CONFIDENTIAL