TNAG-0374-FCO40-420-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 46

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CONFIDENTIAL

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MR GODBER AND THE BLAIR-KERR REPORT

1. Mr Godber is still in this country and is stoplisted

with Immigration Officers at airports and seaports. This

is, however, a temporary expedient and the Legal Advisers.

think that in the absence of further action to get Mr Godber

back to Hong Kong we could only continue to prevent him from

leaving this country for a matter of weeks rather than months.

If, therefore, there have been no further developments by about

mid-September we shall have to consider recommending that

restrictions on Mr Godber's movements should be removed.

2.

Meanwhile, however, the public in Hong Kong and to some

extent in this country have become convinced that Mr Godber

has not been sent back because HMG do not want to do so. Some

student demonstrations have been held in Hong Kong, but these

have not so far been serious and the Hong Kong Government do

not expect them to be. Two Members of Parliament returning

from a recent visit to Hong Kong have commented on a "growing

anti-British feeling" in Hong Kong because of the non-return

of Mr Godber.

3.

We cannot return Mr Godber to Hong Kong because of the

"double criminality rule" enshrined in the Fugitive Offenders

Act 1967; because the acts 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. The double criminality rule was

introduced in 1967 as the result of a scheme agreed with the

/other

CONFIDENTIAL