AJ
محمد
From the Parliamentary Under Secretary of State
Foreign and Commonwealth Office
London S.W.1
13 Feburary,
1974
50
Dear Massey,
FUGITIVE OFFENDERS ACT
21
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I am sorry that my first personal letter to you on taking over from Tony Royle should bring you bad news. You already knew of our decision that we could not change the Fugitive Offenders Act retrospectively, which meant that we could not send Godber back to Hong Kong unless you could find evidence to charge him with something that is also an offence in this country. I am sorry to say that we have also been unable to reach agreement on any future change in the double-criminality rule under the Act.
We have tried hard. But the Home Office and the Law Officers are strongly opposed to any change, and the Secretary of State has decided that if we press the point any further we shall lose.
There are, of course, arguments on both sides. We have stressed the general point of principle that it is wrong that we should approve the laws of Hong Kong and then allow their operation to be frustrated. But the Home Secretary could face unacceptable criticism if he had to authorise the return of anyone for trial in the dependent territories on a charge which did not constitute a crime in this country. It also became clear after we had consulted the other Governors that the only Dependent Territory law of importance to which the double-criminality rule applies is Section 10 of the Prevention of Bribery Ordinance. This confirmed the Law Officers in their opposition to any change, since, as you know, they disapprove of this provision and have said that they could not support it in Parliament.
/'lle
-1-
CONFIDENTIAL AND PERSONAL