TNAG-0405-FCO40-451-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 21

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(2) No prosecution for an offence under sub-section (1) shall be instituted without the consent in writing of the Attorney General, who shall, before consenting to the institution of a prosecution against a person for an offence, inform that person that a prosecution against him for such an offence is under consideration and give him an opportunity of making representations in writing to the Attorney General.

(3)

(4) Any representations in writing made by a person to the Attorney General undor sub-section (2) shall not, without the consent of that person, be admissible in evidence in any proceedings against him for any offence."

There was no evidence that Mr. Godber maintained a

standard of living above that commensurate with his emoluments. Indeed, all the evidence pointed the other way, namely that he lived frugally, employing a part-time amah, did little entertaining, and had few friends. However, his apparent control of pecuniary resources was a different matter; and Mr. Hobley decided that there was no point in delaying matters any longer, and that a notice under section 10(2) would be issued

forthwith. It was also decided that Godber's quarters should

be searched.

Although the notice under section 10(2) was signed on 1st June it was dated 4th June; and the Acting Attorney General decided that Godber would be given 7 days to "make ropresentations".

The notice read:

"Prevention of Bribery Ordinance

You are hereby informed that a prosecution against you for an offence under section 10(1)(b) of the above Ordinance is under consideration in that you appear to be in control of pecuniary resources or property disproportionate to your present or past official emoluments.

2. In accordance with section 10(2) of the said Ordinance you are hereby given the opportunity of making representations to me.

3. Any such representations must be in writing and must reach me on or before the morning of the 11th June 1973.

Dated this 4th June 1973.

(Sgd.) J.W.D. Hobley

Acting Attorney General."