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of such an offence.
Moreover, the rule has now been
in existence in relation to the dependencies since
14.
1967, and the Home Office is doubtful whether the Godber
case alone would be seen as a sufficient argument for
abaeioning a safeguard that was thought desirable then.
Against this, we approve the laws of the
Dependent Territories. It is not logical for us to
frustrate their operation. The provision is also
discriminatory in its effect, since if Godber had been
him.
a llong Kong belonger we would not have had to accept
Finally the power of return, if it existed, would
deter people from coming here to escape trial.
15.
We have discussed this further with the Law
Officers Department and the Home Office. Section 10
of the Hong Kong Ordinance is the only major piece of
dependent territory legislation which would be covered
by making an exception to the rule. We have agreed that
if any change were to be made, it should therefore be
restricted to Hong Kong and that for presentational
reasons it would have to allow return for any offence
(subject to the continuance of the existing exclusion
for offences carrying less than 12 months imprisonme.
without specifying the Prevention of Bribery Ordinance.
However we have reached no agreement of principle.
163) D2.145173 400m 5/73 G.V.B.Ltd. Op.363