double criminality rule in the Fugitive
Offenders Act, return is only possible when the
offence concerned is known to the law in both
countries.
There is force in the argument that it is illogical
that a person may not be extradited for an offence
under a Hong Kong law which has been approved by the Government HING O
However, the double criminality rule is an
important element of the Fugitive Offenders Act.
When the provisions of the 1967 Act were under
consideration in 1966 a great deal of thought was
given to the question whether to keep on the 1881
Act provisions in respect of UK dependencies and,
if not, whether the double criminality rule should
operate at the discretion of the Home Secretary,
or the Governor. It was eventually decided that
the rule should be absolute in its operation vis-
a-vis dependencies as in its application to
independent Commonwealth countries.
#
The only way to change the situation so as to
$
catch Godber would be to change the Fugitive
Offenders Act retrospectively. This would
obviously create serious problems, since, as you
know, Parliament is generally suspicious of
retrospective legislation, or legislation designed
deal with a sungle case
to eaten one man. Moreover on the general
question, some would argue that a person should
not be returned from this country to face trial
for what we do not here regard as a crime.
/We
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