From the Parliamentary Under Secretary of State
ker.
Foreign and Commonwealth Office
London S.W.1
15 October, 1973
1+KK14/17
2x4
(224) a 239
Thank you for your letter of 3 October about the possibility of introducing a Private Members Bill to allow for extradition to Hong Kong of United Kingdom citizens charged with offences in Hong Kong. I am grateful for your helpful interest in this problem.
As you will know, the Fugitive Offenders Act 1967 already allows us in certain circumstances to return to the dependent territories persons charged with offences there. In the recent case of Mr. Godber, the main reason why he could not be so returned was that the offence alleged against him, namely the possession of unexplained wealth by a public officer, does not constitute an offence under English law. Under the so-called double criminality rule in the Fugitive Offenders Act, return is only possible when the offence concerned is known to the law in both countries.
The only way to change the situation at this end would be to vary the double criminality rule. To do this in such a way as to secure the return of Mr. Godber would, however, involve a number of problems. Parliament is generally unwill- ing to enact retrospective legislation, or legislation designed to catch one man. Moreover it could be argued that a person should not be returned from this country to face trial for something which we do not here regard as a crime.
We are considering this whole question very carefully, and I have discussed the problem at length with the Governor of Hong Kong. We may yet be able to find a way round these difficulties. All that I can say for the moment is that I doubt whether a Private Members Bill would provide a satisfactory way of resolving the problem.
Eric Ogden, Esq., M.P.,
House of Commons,
London, S.W.1.
Anthony Royle
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