CONFIDENTIAL
CORRUPTION AND EX-CHIEF SUPERINTENDENT GODBER
1.
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 is now 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 unless the Hong Kong authorities
can produce evidence of a returnable offence, e.g. the actual taking
of a bribe. So far this evidence is lacking.
2.
The Governor appointed Sir Alastair Blair-Kerr, then the
Senior Puisne Judge in Hong Kong, to investigate the circumstances
of Mr Godber's departure. Sir Alastair was also asked to propose
further measures to combat corruption. He recommended among other
things that HMG should be asked to amend the Fugitive Offenders Act
so that Mr Godber and any others like him could be returned to face
trial in the Dependent Territories, even if the offences concerned
were not known to UK law. The Home Office and the Law Officers
Department have hitherto been strongly opposed to any change, and
particularly to any retrospective amendment designed to catch
Mr Godber. We shall be submitting to Ministers on the question but
/there seems
CONFIDENTIAL