CONFIDENTIAL
Reference........
186
90
(84)
Flag
& B, Flag F
((70)
Blamin
Mr Janyrin ix
Mr
O'Keeffe 9169
HONG KONG AND THE FUGITIVE OFFENDERS ACT
1.
I mentioned last week that there had been discussion
in 1973-74 about possible amendment to the UK 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. This was prompted by Mr Godber's escape from Hong Kong in June 1973 while he was under investigation for an offence under Section 10 of the Hong Kong Prevention of Bribery Ordinance.
2.
Following exchanges of letters both between the Governor and Sir D Watson and between Mr E Ogden MP and Lord Goronwy-Roberts, I drafted a submission recommending a (second) approach to the Howe Office on the matter, proposing non-retrospective amendment to the Fugitive Offenders Act in order to ensure that the circumstances of Mr Godber's case would not be repeated. At this point we received the first news of the new evidence that Mr Godber had received a Flag bribe (and might therefore be extradited); and Mr Stuart asked me to
hold the submission until the Godber case was settled.
96
3. We should now consider, whether, despite the failure of all Godber's appeals against extradition and conviction, we should pursue this question with the Home Office. If we decide to let matters rest, we should at least inform the Governor and Mr Ogden of our decision.
4. I suggest that you should consult the Governor again before submitting on the matter and that the best course would be to warn him that you would like to discuss the matter with him or the Attorney-General (or perhaps Mr Cater) while you are in Hong Kong. I attach a draft.
B.H. Finciddy
12/9/15
B H Dinwiddy
HONG KONG AND INDIAN OCEAN DEPARTMENT
CODE 18-77
CONFIDENTIAL