TNAG-0369-FCO40-415-Visit-of-Edward-Heath--UK-Prime-Minister--to-Hong-Kong--12-1-1974 — Page 68

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NOTHING TO BE WRITTEN IN THIS MARGIN

CONFIDENTIAL

of a non-retrospective amendment is still under

consideration.

35. The Home Office and Law Officers are opposed to

any change which would involve the abandonment of the

"double criminality" rule in the Fugitive Offenders Act. The Foreign and Commonwealth Secretary has

decided that the difficulties cannot be resolved

before the Prime Minister's visit.

36.

Possible Criticisms: Godber has been protected

HMG approves

in the UK because he is an Englishman.

the laws of Hong Kong; it should not frustrate the

operation of those laws.

37. Line to Take: Mr Godber cannot be returned to

face trial under the Fugitive Offenders Act. Return

would only be possible if the offence of which he is

accused was accepted as a crime in the laws of both

countries. The answer, as the Governor himself has

made plain, is for someone to come forward to give

evidence of actual corruption. Return would then be

possible.

*

38. We are considering the possibility of amending

the Fugitive Offenders Act to abolish the so-called

double criminality rule in relation to Hong Kong. But

so far as Mr Godber is concerned, to amend the law

retrospectively to catch one man would be a very serious

Moreover on general rounds, it would be c

step.

j:

to persuade Farliament to send people away from left

to face trial for offences that are not regarded as

crimes under British law.

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/39.