CONFIDENTIAL
BACKGROUND NOTE
1. Ex-Chief Superintendent Godber left Hong Kong on 8 January 1973 when prosecutions against him under Section 10 of the Prevention of Bribery Ordinance were at an advanced stage. But because there is no corresponding offence in this country to Section 10 of the Hong Kong Prevention of Bribery Ordinance (the possession of unexplained funds by a public officer), the Hong Kong Government were at that time unable to seek his return under the Fugitive Offenders Act. There was considerable public indignation in Hong Kong that Godber
could not be returned. We examined the possibility of amending the Fugitive Offenders Act; but it was clear that amendment could not be effected retrospectively, and consideration of amendment to cover any future cases has been deferred pending the outcome of the Godber
case.
2. In April 1974, ex-Folice
who had himself been
convicted under Section 10 of the Prevention of Bribery Ordinance and sentenced to 12 months' imprisonment, made a statement saying that he had been present when Godber corruptly received HK$25,000 from
to help secure
appointment to the post of Divisional Superintendent of Wanchai district. (Hunt's 'memoirs' are currently being serialised in the Daily Express this week.) This, it proved, is a returnable offence under the Fugitive Offenders Act. A warrant of arrest was therefore issued in the United Kingdom and Mr Godber was arrested in Rye, Sussex, on 29 April 1974 on two charges:-
(i) that he received for himself the sum of HK$25,000
from
as a fee or reward to assist
n obtaining an appointment as a Divisional Superintendent of the Royal Hong Kong Police Force;
(ii) that he had conspired to accept a bribe from
to secure Cheng's appointment as a Divisional Superintendent.
/3. Following
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