CONFIDENTIAL
8.
If we are to resolve this problem as the Prime Minister
directed before the end of the year, Ministers will need to
consider the political implications. Since our bilateral
relations with Hong Kong are not now to be considered by DOP
this means a bilateral meeting with the Home Office. Because of
the shortage of time this will need to be at Secretary of State
level.
9.
I submit a draft letter from the Secretary of State to
the Home Secretary accordingly. There is no need to go into
all the arguments again on paper. They are already well documented
in the records of official discussions.
6 December 1973
CC
Mr Youde
Mr Rushford
Acsa
A C Stuart
Hong Kong & Indian Ocean Dept.
1.
We had hoped that it might be possible to develop a convincing argument for amendment of the Fugitive Offenders Act to abolish the double criminality rule in respect of all Dependent Territories. There is a valid general argument in logic for that course; but I am afraid that after consulting the Governors of the other Dependencies, it is very difficult to show cause on practical grounds for such an amendment. We cannot point to substantial divergences of law between the individual territories and the United Kingdom which are likely to lead to similar embarrassment over our inability to extradite as in the Godber case.
CONFIDENTIAL
/I agree