IMMEDIATE
GRS 950
CYPHER/CAT A
FM HONG KONG 161030 Z
CONFIDENTIAL
;
1144
RECEIVED IN REGISTRY No.52
17 JAN1975
HILILIUK
TO IMMEDIATE F C O TEL NO 58 OF 16 JANUARY 1975
YOUR TEL NO 34.
LAST
RFT
PARLIAMENTARY QUESTION:
EXTRADITION OF GODBER.
NEXT
LOREE-
1. WE PROPOSE A SMALL CHANGE IN YOUR SUGGESTED REPLY TO THE QUESTION SO THAT IT WOULD BE AS FOLLOWS :-
''FOLLOWING THE NECESSARY LEGAL PROCEEDINGS, EX-CHIEF INSPECTOR GODBER WAS EXTRADITED TO HONG KONG ON 6 JANUARY. THE HONG KONG GOVERNMENT HAD APPLIED FOR HIS EXTRADITION ON TWO CHARGES; FIRSTLY, THAT HE HAD IN MARCH 1971 CORRUPTLY RECEIVED THE SUM OF 25,000 HONG KONG DOLLARS FROM A THEN SERVING OFFICER NAMED AND SECONDLY, THAT HE HAD CONSPIRED TO ACCEPT A BRIBE FROM TO SECURE CHENG'S APPOINTMENT AS A DIVISIONAL SUPERINTENDENT.''. 2. SUPPLEMENTARY A. WE SUGGEST THE FOLLOWING :-
'' PROCEEDINGS FOR MR. GODBER'S EXTRADITION WERE COMMENCED IMMEDIATELY EVIDENCE SUPPORTING A CHARGE FOR AN EXTRADITABLE OFFENCE WAS AVAILABLE. INVESTIGATIONS INTO A POSSIBLE OFFENCE BY MR. GODBER UNDER SECTION 10 OF THE HONG KONG PREVENTION OF BRIBERY ORDINANCE WERE AT AN ADVANCED STAGE WHEN HE FLED FROM HONG KONG IN JUNE 1973. SINCE THERE IS NO CORRESPONDING OFFENCE UNDER UNITED KINGDOM LAW, HE COULD NOT BE RETURNED TO HONG KONG TO BE TRIED FOR AN OFFENCE UNDER SECTION 10 AND AN EXTRADITABLE OFFENCE HAD TO BE ESTABLISHED.'! 3. SUPPLENTARY B. WE SEE NO ADVANTAGE IN GOING BACK ONCE AGAIN TO THE BLAIR-KERR ENQUIRY AND SUGGEST THE FOLLOWING :-
'' RESPONSIBILITY FOR ACTION AGAINST CORRUPTION IN HONG KONG RESTS WITH THE INDEPENDENT COMMISSION AGAINST CORRUPTION WHICH BEGAN OPERATING IN FEBRUARY 1974. ITS FUNCTIONS ARE TO INVESTIGATE COMPLAINTS OF CORRUPTION, TO TAKE STEPS FOR THE PREVENTION OF CORRUPTION AND TO ENLIST COMMUNITY SUPPORT FOR ITS ELIMINATION.??.
CONFIDENTIAL
/4.