TNAG-0406-FCO40-452-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 153

IMMEDIATE

CYPHER CAT A

FM FCO 131816%

CONFIDENTIAL

LAST

Rf

CONFIDENTIAL

Ns.$1

TO JOLINS

TOP COPY

TO IMMEDIATE COVERNOR HONG KONG TELIO 689 OF 13 JULY, 1973

YOUR TELEGRAM NO 722: REPORT ON GODBER CASE.

1. NO OBJECTION TO PUBLICATION OF THE REPORT ON THE ASSUMPTION THAT THE REASON IS TO ALLAY PUBLIC SUSPICION THAT SENIOR OFFICIALS HELPED GODDER TO LEAVE THE COUNTRY, AND THAT YOU REGARD THIS AS MORE IMPORTANT THAN THE POSSIBLE PREJUDICE TO LEGAL PROCEDINGS DESCRIBED IN THE INTRODUCTION TO THE REPORT.

2. THE REPORT (PAGE 27) AND YOUR TELEGRAM UNDER REFERENCE SUGGEST THAT SECTION 15(2) OF THE ORDINANCE WAS INSERTED TO MEET THE CRITICISMS OF OUR LEGAL ADVISERS. THIS IS NOT SO. THE OBJECTION ON THE PART OF THE FCO WAS TO SECTION 10 AS A WHOLE. IT BREACHES THE GENERAL PRINCIPLE THAT IT IS THE DUTY OF THE PROSECUTION TO PROVE ITS CASE BEYOND REASONABLE DOUBT. THIS WAS NOT CURED BY SECTION 10(2), WHICH, AS THE REPORT SAYS, WAS INSERTED TO MEET LOCAL CDJECTORS, OUR AGREEMENT WAS FINALLY GIVEN ON THE POLITICAL GROUND OF NON-INTERFERENCE. IT FOLLOWS THAT WE DO NOT IN PRINCIPLE REJECT THE POSSIBILITY OF REPEALING SECTION 10(2) AND SECTION 18(4) AS

SUCH.

3. NEVERTHELESS, WE WONDER WHETHER THIS IS NECESSARY OR DESIRABLE AT THIS STAGE, UNLESS YOU HAVE REASON TO FEAR THAT SOMEONE ELSE IS LIKELY TO ABSCOND AND THAT NEW PRECAUTIONS, (SURVEILLANCE, REMOVAL OF PASSPORT AND AIRPORT PASSES, USE OF SECTION 18 ETC) ARE UNLIKELY TO STOP THEM. SECTION 10(2) RELATED TO THE UNDERLYING NATURE OF OFFENCES UNDER THE ORDINANCE, WHICH WILL BE THE SUBJECT OF THE SECOND PART OF THE INQUIRY. ITS BEARING ON THE QUESTION OF ESCAPE IS INCIDENTAL, AS 13 THE CASE WITH SECTION 30. TO DELETE THIS SUBSECTION FOR ADMINISTRATIVE REASONS WOULD PRESUMABLY GIVE RISE TO THE SAME OBJECTIONS AS WERE RAISED BEFORE IN HONG KONG ABOUT THE MIOLE OF SECTION 10. THIS WOULD REDUCE THE POLITICAL DEFENSIBILITY OF THE WHOLE SECTION, IT WOULD ALSO SEEM TO SOME EXTENT TO PREJUDGE AND PREJJOICE THE REVIEW OF THE WHOLE ORDINANCE TO WHICH WE WILL ALL HAVE TO GIVE VERY CAREFUL CONSIDERATION.

CONFIDENTIAL

4. WE WOULD