CONFIDENTIAL AND PERSONAL

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.

4.

We now have to decide how to announce our

decision in a way that will cause minimum controversy.

On this we would be glad of your advice.

Presumably

the decision will be badly received in Hong Kong,

particularly since, as a result of the advice in your

telegram no. 1180 of 15 October 1973, with which we

agreed, it will have to be joined with the announcement

that we cannot return Godber. But I do not think there

is anything to be gained by delay. There would

obviously be advantage in getting any row out of the

way well before the Prime Minister's visit, whenever

this may now be. If you think it would be best to

tell ExCo first, we will send a telegram in the

non-personal series to you and to the other Governors

whom we have consulted. We could also perhaps inspire

a Parliamentary Question here. But unless you think

it essential to demonstrate in this way that you have

had no hand in the decision, it might be better to let

it percolate through with as few public statements as

possible. In any event I think we should stress the

point that you made in your LegCo speech, that the

remedy lies in the hands of those people in Hong Kong

who could come forward and give evidence of a returnable

offence.

Also, if you thought it would help to minimive

criticion that we are

we aimed

exphasise

the principle

rule.

sungly looking after

the stre

people,

shag which her kehnd the dumble-ammality

Parhamar Vay & public feeling

ме

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