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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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Dest
A C Stuart
Hong Kong & Indian Ocean Department
/ I,
No comments yet.
Private notes are available after approval.