IN CONFIDENCE
8.
CORRUPTION
For many years there have been allegations of corruption in the
Hong Kong Police and Public Service.
In June last year, while action against him under the Hong Kong
Prevention of Bribery Ordinance was at an advanced stage of preparation,
Chief Superintendent Godber managed to leave Hong Kong. He has since been
living in the United Kingdom. Section 10 of the Ordinance, under which
Proceedings against him were opened, makes it an offence for a public
servant to be in possession of financial resources disproportionate to
his official emoluments, unless he can give a satisfactory explanation.
There is, however, no similar offence under United Kingdom law. The return
of fugitive offenders from the United Kingdom to the Dependent Territories
is regulated by the Fugitive Offenders Act 1967, which provides that a
person may not be returned from Britain unless the offence of which he is
accused is also an offence under United Kingdom law. Consequently
Mr Godber cannot be sent back to Hong Kong without evidence of a returnable
offence, e.g. the actual taking of a bribe. Such evidence has now been
obtained, and Mr Godber was arrested on 29 April. The next step is for
the Home Secretary and the Bow Street magistrates to consider whether the
prima facie case is strong enough to justify Mr Godber's return.
The Governor appointed Sir Alastair Blair-Kerr, the Senior Puisne
Judge, to investigate the circumstances surrounding Mr Godber's departure.
Sir Alastair was also asked to propose further measures to combat corruption.
He recommended that the Fugitive Offenders Act should be so amended as to
enable Mr Godber and other offenders charged with criminal offences, even if
those offences are not known to UK law, to be returned to Hong Kong. There
are substantial difficulties, particularly over retrospective amendment, to
any amendment of the Fugitive Offenders Act.
Arising out of Sir Alastair's recommendations, the Governor has set
up a new Independent Commission against Corruption. The Head of the
Commission is Mr Jack Cater, a senior Hong Kong official of wide experience.
IN CONFIDENCE
6.