TNAG-0405-FCO40-451-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 53

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This is much to be regretted.

an offence

....

It is easy to be

wise after the event; but I feel bound to say that in my view

there would have been no legal objection to Godber being asked

by the police whether he agreed to surrender his passport. A

point blank refusal by Godber, to part with his passport, at a time when he should have been busily engaged with his solicitor preparing his representations, would surely have aroused police suspicion as to his intentions. It might well have caused them to put Godber on full surveillance. Indeed, it might well have

been sufficient to justify them applying to a magistrate for a

warrant under section 18 of the Ordinance. This section says:

"18(1) If, in the course of an investigation of

suspected to have been committed by any person it appears to the Director Lof the Anti-Corruption Office] that such person is preparing or about to leave Hong Kong, the Director

may apply to a magistrate for a warrant for the apprehension of such person and his production before a magistrate; and where, on any such application, it is made to appear to the magistrate upon the oath of any person that there is reasonable cause to believe that the person whose apprehension is sought is preparing or about to leave Hong Kong and that, in all the circumstances, the investigation could not reasonably have been completed before the date of the application, he may issue a warrant to apprehend such person and to cause him to be brought before a magistrate as soon after apprehension as is practicable to be dealt with according to sub-section (3).

(2)

(3)

....

....

the magistrate shall, unless the person apprehended can satisfy the magistrate that he is not preparing or about to leave the Colony and that he has no intention of leaving the Colony offor to admit him to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure his appearance on such day and at such time and place as the magistrate decides

and thereupon the magistrate shall take the recognizance of such person and his surety or

sureties conditional for the appearance of such person on such day

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The police would have had no difficulty in satisfying a magistrate that the "investigation could not reasonably have been completed before the date of the application".

Section 10(2) of the Ordinance