TNAG-0407-FCO40-453-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

likely to let someone in the same position as Mr Godber escape

a second time, and it would not be worth overturning a settled

principle to catch a single man. The other example quoted by

Sir Hugh Norman-Walker, of an Office bearer of a Triad Society,

is certainly conceivable, and could doubtless be matched in the

other dependent territories. But it is relevant that Mr Godber's

is the first such case that has arisen since the 1967 Act.

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was changed

Moreover, even if the Act was amended, Hong Kong and the other

dependent territories would have to accept that there might well

be cases in which the UK authorities would not feel able to

authorise extradition for an offence unknown to UK law. And

finally we would be bound to look at new dependent territories

legislation with an even more critical eye if it involved the

possibility of extradition.

It is doubtful, for example, whether

in these circumstances we would have agreed to Section 10 of the

Ordinance in the first place. Hong Kong might well find that

this increased surveillance outweighed the advantages of

extradition.

9.

I therefore recommend that before replying to Hong Kong

Mr Royle might consult the Whips and perhaps Mr Ivor Richard

for the Opposition on the degree of support which an amendment

to the law would have in Parliament. The implications for

Hong Kong could then be further discussed with Sir Murray MacLehose

on 11 September.

10. The department's legal adviser agrees.

29 August 1973

cc: Sir D Watson

PS

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CONFIDENTIAL

Dest

A C Stuart

Hong Kong & Indian Ocean Department

/ I,

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