TNAG-0374-FCO40-420-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 110

constituting the offence of which Mr Godber is

accused in Hong Kong would not constitute an

offence under the law of this country, his

extradition for that offence is not possible.

double criminality rule was introduced in 1967 as

the result of a scheme agreed with the other

independent members of the Commonwealth.

This

The

scheme was not intended to regulate extradition

between the UK and its dependencies, but neverthe-

less the Fugitive Offenders Act 1967 applied the

rule in this context. In principle there is no

also

Lin

reason why restrictions applying to independent

Commonwealth countries over whose legislation we

Those

have no control, need extend to,dependent

territories/ where we have at least a veto on

legislation.

4. We have been asked by Hong Kong to consider

Offenders

amending the Fugitive/Act, and Sir Alastair

Blair-Kerr in his report on the second part of

this month) with

(which will

appear Cater

his Enquiry recommends such amendment of the Act.

5.

The application of the double criminality

rule to Hong Kong could be changed either by

amending the Fugitive Offenders Act, or, more

simply, by Order in Council. Moreover if the law

was amended, it is possible, depending on the

drafting, that it could be made to apply to

Mr Godber without being specifically retrospective

in form. On the analogy of extradition agreements

with foreign countries, these would normally apply

to criminals who had fled to escape prosecution

for crimes committed before the agreement came

into force.

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