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Suggested amendment to the Fugitivo Offenders Act 1967
209.
I do not think that this falls within my terms of roforence; but the inability of the Hong Kong Government to obtain an order for the return to Hong Kong of Ir. P.F. Godber has aroused so much public anger that it may not be out of place for me to say a word or two on the subject, even if I do not add anything to what has already boon said by others.
210.
I think it should be made clear to the public of Hong Kong that Hor lajesty would bo acting unconstitutionally if She made an order-in-council for the return of ix. Godber to Hong Kong, thereby by-passing the provisions of a United Kingdom statute to which Sho had previously assented. If Godbor is to be returned to Hong Kong, it must be by lawful moans.
211.
Prior to 1967, the law relating to the apprehension ară surrender of fugitive offenders from one part of Her Majesty's dominions to another was contained in the Fugitivo Offenders Act 1881. It applied to
#
overy offence
which is
punishablo in the part of Her Majesty's dominions in which it was committed ........ by imprisonmont
..... for ...... 12 months or moro
and it did not matter at all that there might be no offence in England equivalent to, say, the offence in Hong Kong in respect of which the return of the fugitive was sought. Scction 9 of the 1881 Act provided that the Act would apply
212.
".... to an offence notwithstanding that by the law
of the part of Her Majesty's dominions in which the fugitive is
11
it is not an offenco
}
However, as certain former colonies bogan to govern themselves, Britain, on occasion, was faced with situations comparable to those envisaged at the time of the passing of tho Extradition Act 1870 (i.c. the Act which governs extradition as between Britain and foreign countries). Sometimes the request was that a fugitive be returned for trial on, say, a theft charge; but the real reason for seeking his return might be to put him on trial for some political offence.
215.
Therefore, a new Fugitivo Offonder's Act was passed in
1967 AAH THE 818 1991 s** *** **PHALHA:
اد
* RAANNAAkta
number of provisions comparable to those in the Extradition Mets.