TNAG-0405-FCO40-451-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 45

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accepted by the Attorney General who would then notify me or the Director of the Anti- Corruption Office that he had consented to the institution of a prosecution against Godber.

#!

I agree. But the question was not whether criminal proceedings had been instituted, but whether such proceedings were "likely to be instituted". Apart from the Commissioner himself, it does not appear that anyone connected with the investi- gation adverted to the question of interdiction. General's advice was not sought on the matter. Governor's decision [or that of his delegate

The Attorney

Consequently, the

presumably he has

delegated power to the Establishment Officer in matters of this kind was not sought. I do not know what advice the Attorney General would have given or what the Governor's decision (or rather that of his delegate) might have been. My point is that the question of interdiction was not considered at the correct

level.

It is not for me to say what advice the Attorney General would, or should, have given to the Governor, if his advice had been sought. But, to say the least of it, he might well have come to the conclusion that he could properly advise the Governor that proceedings were "likely to be instituted". In reaching his decision, I imagine that the Attorney General would have had to consider the possibility of criticism at the hands of counsel for the defence in any subsequent prosecution, the argument being that, in advising the Governor to interdict, he (the Attorney General) had prejudged the whole issue and could not be said to have brought his mind to bear on any respresentations which Godber night make. The Attorney General would also have had to consider

the inhibiting effect of section 30. So far as Godber himself was concerned, interdiction could not have amounted to a breach of s.30. He had been given the section 10 letter. But what about

the effect on others of the interdiction of Godber? Nevertheless,

I repeat: The question of interdiction was not considered at the

correct level.

If, of course, Godber had been interdicted, not only

would he have ceased to exercise the powers and functions of his

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