TNAG-0405-FCO40-451-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 73

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CONFIDENTIAL

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TO IMMEDIATE FCQ TELNO 722 OF 5 JULY,

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MY TELNO 649: REPORT ON GODBER CASE,

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I NOW HAVE THE COMMISSION'S REPORT ON THE FIRST PART OF THE TERMS OF REFERENCE, 1.E, QUOTE TO REPORT ON THE CIRCUMSTANCES IN WHICH A PERSON, WHOSE PROSECUTION UNDER THE PREVENTION OF

BRIDBERY ORDINANCE WAS AT AN ADVANCED STAGE OF CONSIDERATION, WAS ABLE TO LEAVE HONG KONG UNQUOTE.

2. THE REPORT WILL BE TAKEN BY EXECUTIVE COUNCIL ON TUESDAY 17 JULY, AND THEREAFTER I FEEL I SHOULD PUBLISH IMMEDIATELY, ALWAYS PROVIDED THE ATTORNEY GENERAL AND CHIEF JUSTICE ARE SATISFIED THAT THIS WOULD NOT BE PREJUDICIAL IF GODBER WERE BROUGHT TO TRIAL,

3. AS YOU CAN IMAGINE INTENSE INTEREST IN THE CASE CONTINUES, AND IT IS MOST IMPORTANT FOR THE CREDIBILITY OF THE GOVERNMENT AND POLICE, AND PARTICULARLY OF THE EXPATRIATE ELEMENT, THAT THE PUBLIC SHOULD HAVE AVAILABLE EXACTLY WHAT THE COMMISSION'S FINDINGS ARE.

4. A COPY OF THE REPORT HAS BEEN SENT TO YOU TODAY BY BAG A78.

5. WHILE THE REPORT IS CRITICAL OF THOSE CONCERNED FOR LACK OF IMAGINATION AND AN OVER-LEGALISTIC APPROACH, ITS MAIN CRITICISM IS OF THE IMPOSSIBLE POSITION CREATED BY SUB-SECTIONS 2 AND 4 OF THE PREVENTION OF BRIBERY ORDINANCE, THAT IS TO SAY OF THE REQUIREMENT THAT THE ATTORNEY GENERAL SHOULD NOT CONSENT TO THE INSTITUTION OF A PROSECUTION UNTIL THE PERSON CONCERNED HAS BEEN INFORMED AND GIVEN AN OPPORTUNITY TO MAKE REPRESENTATIONS IN WRITING, AS THE REPORT POINTS OUT (PAGE 27) THIS WAS INSERTED BECAUSE OF OBJECTIONS FROM THE FCO LEGAL ADVISERS TO THE INCOMPATIBILITY

OF THE ORDINANCE AS ORIGNIMALLY DRAFTED WITH THE PRACTICE OF ENGLISH LAW, (CARTER'S LETTER HKK/1438 OF 21/1/78 AND FCO TELNOS 547 OF 20/0/78 AND 612 OF 14/9/70 REFER),