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

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No.

SECURITY CLASSIFICATION

Top Secret,

Secret.x

Confidential.

Restricted.x Unclassified.

PRIVACY MARKING

DRAFT

LETTER

CONFIDENTIAL

To:-

Mr F L T Graham-Harrison CB Deputy Under Secretary of

State

Home Office

Type 1 +

FROM

Sir D Watson

Telephone No. Ext.

In Confidence

13/11

Hypoalle

No

13

THE FUGITIVE OFFENDERS ACT

Department

1. Andrew Stuart, Head of/Hong Kong and Indian

Ocean Department, has been in correspondence with

Brennan of your office about the double

criminality rule in the Act, which has recently

prevented us from sending back to Hong Kong a

police officer charged under their Prevention

of Bribery Ordinance.

As you know, this was one

of the problems for our relations with Hong Kong

the foreign & Commonwealth

which was covered in

*

Secretary's of Satelis

minute to the Prime Minister of 20 September.

Subsequently at the meeting of officials called

by the Cabinet Office to consider the minute it

was agreed that we would explore this question

further with your Department.

2.

Brennan's initial reaction was that to

change the law to catch Godber, the police officer

concerned, would be very difficult. He argued that

retrospective legislation, designed to catch one

man, would be bound to give trouble in Parliament.

Godber might anyway bolt before the legislation went

Godde through. Moreover the offence of which is

accused in Hong Kong

Badet

the possession of unexplained

resources by a public officer is one which is

foreign to the general law of this country.

CONFIDEN IAL

13.

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