TNAG-0405-FCO40-451-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 89

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Discussed with 17. Roberso PIA

CHIEF SUPERINTENDENT PETER GODBER, HONG KONG POLICE

(Note of conversation between Roberts (AG Hong Kong) and Thornton (Acting SG Hong Kong) on the telephone on 13 June.)

1. Godber had been required to supply information to the AG

Hong Kong under Section 10 of the Prevention of Bribery Ordinance.

This section makes it an offence for a Crown servant to maintain

a standard of living above that which is commensurate with his

present or past official emoluments or to be in control of

pecuniary resources or property disproportionate to his present

or past official emoluments, unless he give a satisfactory

explanation to the court.

2.

Before a prosecution under this section can be instituted

the AG must inform the suspect that a prosecution against him

is under consideration and give him a chance to make represen-

tations in writing.

3.

Godber had been given until 11 June to supply information

to the AG. No decision as to whether or not to prosecute Godber

would therefore have been taken until after the expiry of the

time allowed to Godber to reply to the AG.

4. It is still the position that the AG Hong Kong has not yet

decided whether or not a charge should be brought against Godber

under Section 10 of the Prevention of Bribery Ordinance or under

any other section of that Ordinance.

5.

Section 18 of the Prevention of Bribery Ordinance enables

the Director of the Anti-Corruption Office to apply to a magistrate

/for