(3001) Dd.145244 400m 8/73 L.Ltd. Gp.839

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No. HKK 14/17

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted.

Unclassified.

PRIVACY MARKING

In Confidence

DRAFT

LETTER

To:-

Sir John Tilney MP House of Commons London SW1

Type 1 +

FROM

Mr Anthony Royle

Telephone No. Ext.

Department

Silent copy to:

Governor,

Hong Kong

(with copy of letter under reply)

Thank you for your letter of 18 October enclosing an extract from the second Blair-Kerr Report, dealing Concerning with the Fugitive Offenders Act. I am sending for

your retention a copy of the published report together

with a copy of the Governor's speech to the

Legislative Council on 17 October in which, amongst

other things, he comments on the Blair-Kerr Report.

The first point to make (is as Murray MacLehose has

indicated in his speech that the Fugitive

Offenders Act would not prevent a person charged with

actual corruption from being brought to trial in

Hong Kong. I have a great deal of sympathy with

Sir Alastair Blair-Kerr's views on Mr Godber's

evasion of prosecution. However, it is the lack of

evidence of an extraditable offence, which, together

with the failure to hold him in Hong Kong, has led

to this situation.

As you know the main reason why Mr Godber cannot be

returned to Hong Kong is that the only offence with

which he has been charged, namely the possession of

unexplained wealth by a public officer, does not

constitute an offence under English law.

Under the

/double

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