TNAG-0405-FCO40-451-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 51

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have objected. But, at least, the reasonableness, or

otherwise, of his failure to consent, or his objection, could

then have been assessed with a view to seeking the Attorney General's advice on what further steps might be taken to ensure

Godber's continued presence in Hong Kong until the 11th June.

The question of Godber being permitted to retain

Generally

his passport was considered by the Commission.

speaking, no one, other than the Director of Immigration,

has any power to demand that the holder of a passport shall

surrender it; and the Director may only do so in certain

circumstances, with which we are not concerned in this inquiry.

r. Penlington's search warrant recited that there

was reasonable cause to believe that in Godber's quarter there

were

"documents containing evidence of the commission

of an offence under the Prevention of Bribery Ordinance namely bank statements receipts and documents showing title to property";

and r. Penlington's warrant authorised Messrs. brrin, McNutt, Irvine and Henry to enter the flat, and

"search for, seize and detain the aforesaid bank

statements, receipts and documents showing title to property."

It certainly never occurred to those officers that, in the circumstances of this investigation, it might be arguable that Godber's passport could be said to be a document "showing title to property"; and I do not think that, in the light of all the evidence before me, I should express a view as to that in this report. The officers seized everything which they considered to be relevant as regards "documents showing title to property". They did the job which Ir. Penlington authorised them to do; and

they did it well.

However, by the evening of 4th June, the police realised that they had a very strong case against Godber under section 10 so strong that Mr. Dawson, very properly, caused Godber's name to be put on the Immigration Watch List. Indeed, it appears from Ir. Penlington's evidence that this was discussed

even before the issue of the search warrant. His evidence reads: