TNAG-0374-FCO40-420-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 47

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other independent members of the Commonwealth.

This scheme

was not intended to regulate extradition between the UK and

its dependencies, but nevertheless the Fugitive Offenders Act

1967 applied the rule also in this context. In principle there

is no reason why restrictions applying to independent Common-

wealth countries over whose legislation we have no control,

need extend to those dependent territories where we have at

least a veto on legislation.

4. We have been asked by Hong Kong to consider amending the

Fugitive Offenders Act, and Sir Alastair Blair-Kerr in his

report on the second part of his Enquiry (which will appear

later this month) will recommend 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.

6. It might therefore be possible to achieve the return of

Mr Godber by legislative action assuming of course he does not

leave the UK and stay outside before the law is changed.

Mr T Pendry MP and Mr J Cunningham MP said in Hong Kong

recently that they would be prepared to support legislative

/action.

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