I
CONFIDENTIAL
CHRISTMAS ADJOURNMENT DEBATE
HONG KONG: MR GODBER/CORRUPTION/FUGITIVE OFFENDERS ACT
BACKGROUND NOTE
In June this year, whilst action against him under the
Hong Kong Prevention of Bribery Ordinance was at an advanced stage,
Chief Superintendent Godber of the Royal Hong Kong Police escaped
from Hong Kong to the United Kingdom. He was charged under
Section 10 of the Ordinance, which makes it an offence for a
public servant to possess pecuniary resources disproportionate to
Lin official emoluments unless he can explain them. There is no
equivalent offence in Britain. The Hong Kong Government are thus
unable to seek his return under the Fugitive Offenders Act because
the act precludes the return of an offender unless the offence with
which he is charged is know to the law of this country.
The Governor appointed the senior Puisne Judge, Bir Alastair
lic-dep, le investigate the Godber affair and make recommend-
Bicas. As a result we have agreed to changes in the Hong Kong
und Public Service regulations. The Governor has set up an
inesperuent Anti-Corruption Commission. Sir Alastair also
dandod ameriment to the Fugitive Offenders Act to enable
oftenders charged with offences which are not at present relevant
offences under the Act, to be sent back to Hong Kong; for trial.
The have concluded that there are insuperable objections to any
rospective change. We are still considering a non-
vetrospective change, but there are difficulties in securing
Frequent to an a.endment which would make a person liable to
eturn for an offence not recognised in this country.
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1000 AONG AND 11:DIAN OCEAN DEPARTMENT, FCO
BACTER 1973