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CONFIDENTIAL
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Watson
Sir D Watson
PS/Lord Goronwy-Roberts
HKK 14/3
80
MEETING ON THURSDAY 18 APRIL AT 4.00 p.m.: HONG KONG AND THE FUGITIVE OFFENDERS ACT
Problem
1.
The Governor has asked us to have another look at the
possibility of changes to the Fugitive Offenders Act 1967, to make
it possible to return people for trial in Hong Kong for offences
which are not regarded as crimes under UK law.
Background
2.
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 in Hong Kong, 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.
3.
The return of fugitive offenders from the UK to the
Dependent Territories is regulated by the Fugitive Offenders Act 1967.
Section 3(1)(c) of the Act provides that a person may not be
returned from Britain to a Commonwealth country or UK dependency
unless the offence of which he is accused would also constitute 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.
CONFIDENTIAL
/4.