TNAG-0369-FCO40-415-Visit-of-Edward-Heath--UK-Prime-Minister--to-Hong-Kong--12-1-1974 — Page 24

CONFIDENTIAL

so-called "double criminality rule", under which an

offender can only be returned if the offence of which

he is accused is known to the law of both countries.

14. We have consulted the Law Officers, the Home

Office and the Whips and have concluded that a

retrospective amendment of this rule to catch Godber

has no chance of being approved by Parliament. But

the Governor has urged that before announcing this

we should consider non-retrospective amendment on

general grounds. Power exists in Section 2(3) of the

Act to apply its provisions with exceptions,

adaptations and modifications, by Order in Council

(subject to affirmative resolution), but the Home

Office think that, in view of the fundamental nature

of the change contemplated, substantive legislation

might be required if the Governor's request were to be

met.

The question is of substantial interest in

Hong long. It is widely believed, against all the

facts, that the "Englishman" Godber is being protected

by the Government in the .

15. The Home Office have pointed out that there are

substantial arguments for retaining the double crimin-

ality rule. It is now universal in our extradition

arrangements with foreign and commonwealth countries,

and reflects the principle that an individual should

not be forcibly removed from a country where he is

entitled to be, for an act which would not be an offence

if committed in that country; the rule is closely

related to the need to establish a prima facie case

/in

CONFIDENTIAL