TNAG-0370-FCO40-416-Visit-of-Edward-Heath--UK-Prime-Minister--to-Hong-Kong--12-1-1973 — Page 42

CONFIDENTIAL

THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT

PMV(HK)(74)10

COPY NO

56

14 December 1973

PRIME MINISTER'S VISIT TO HONG KONG

12th-14th JANUARY 1974

FUGITIVE OFFENDERS ACT 1967

Brief by Foreign and Commonwealth Office

1.

There has been and still is strong public pressure in

Hong Kong for the return of Mr Godber (see Brief No 9).

Sir Alastair Blair-Kerr, in the report of his Commission of

Enquiry into the Godber affair, recommended amendment of the

UK Fugitive Offenders Act 1967 to make it possible to send

Mr Godber back for trial in Hong Kong. The obstacle is the

"double criminality rule" in the Act, which prevents return

unless the offence concerned is a crime in both countries.

There is no corresponding offence in this country to Section 10

of the Hong Kong Prevention of Bribery Ordinance, which makes it

an offence for a public servant to be in possession of pecuniary

resources disproportionate to his official emoluments unless he

can offer a satisfactory explanation. The Hong Kong Police have

been vigorously trying to find evidence to charge Mr Godber with

some other offence eg the actual taking of a bribe, for which the

Fugitive Offenders Act could be used, but so far without success.

2. We have told the Governor that retrospective amendment to

catch Mr Godber is not possible, but that we would look again

at the possibility of a change in the law on general grounds which

/would

1

CONFIDENTIAL