From the Parliamentary Under Secretary of State
t-Vickly!
Foreign and Commonwealth Office
London S.W.1
LAST
REL
131
NEXI
REF.
16 August 1973
138
I have received your telegram of 13 August about
the Godber case.
As you know, Mr Godber has been charged in Hong Kong
under Section 10 of the Prevention of Bribery Ordinance.
This section makes it an offence for a public servant to be
in possession of pecuniary resources disproportionate to his
official emoluments, unless he can give a satisfactory
explanation. There is, however, no similar offence under
United Kingdom law. Extradition of fugitive offenders from
the United Kingdom to Hong Kong is regulated by Act of
Parliament, namely the Fugitive Offenders Act 1967, and can
only be effected in accordance with the provisions of that
Act. The Act provides that a person may not be extradited from
Britain for an offence unless that offence is also an offence
under United Kingdom law. Consequently ir Godber cannot be
extradited unless the Hong Kong authorities can produce evidence
of an extraditable offence, eg the actual taking of a bribe.
So far, as I understand it, this evidence is lacking though
it is being energetically sought.
No comments yet.
Private notes are available after approval.