TNAG-0406-FCO40-452-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 133

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strenuous efforts to leave Hong Kong before 11th June. without his Civil Aviation Department "red" permit, a senior police officer of his ability might well have managed to achieve. the same result by the use of his police warrant card. He might well, as Mr. Dawson says, have ovaded surveillance; and I am inclined to agree with the Commissioner that nothing short of actual arrest on 4th Juno, and custody thereafter, would have been sufficient to ensure Godbor's continued presence in Hong Kong to await his trial; and that was the one thing the authorities were precluded from doing prior to 11th June because of section 10(2) of the Frevention of Bribery Ordinance. fter 11th June, the matter would, of course, have been the responsibility of the courts, if they chose to grant bail.

Nevertheless, more could, and should, have been done during the week commencing 4th June in an endeavour to minimise the risk of Godber's departure; and it is to be hoped that, in any future case, more will be done to make it more difficult for persons suspected of offences under the Ordinance, to leave

Hong Kong.

Recommendations.

I recommend:

Section 10

100 cation

(1) that sub-sections (2) and (4) of the Prevention of Bribery

Ordinance be repealed; and a new sub-section (2) be enacted in the following terms:-

"(2) No prosecution for an offence under sub-section

(1) shall be instituted without the consent in writing of the Attorney General."

(2) that consideration be given to the desirability of introducing legislation empowering the authorities to compel a person suspected of an offence under the Prevention of Bribery Ordinance to surrender his travel documents to the Police upon an order

to this effect being made by the Attorney General. (3) that consideration be given to the question of tightening

security arrangements at Kai Tak Airport. It is fully appreciated that an establishment of this kind could not function under conditions of maximum, or anything like maximum, security; but there is room for improvement.

Supreme Court, Hong Kong 3rd July, 1973.

1

(Alastair BLAIR-KERR)

Commissioner.