TNAG-0407-FCO40-453-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 8

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

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No. HKK 14/17

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted. Unclassified.

PRIVACY MARKING

„In Confidence

DRAFT Letter

To:-

United Nations Youth &

Student Association 93 Albert Embankment London SE1 7TX

Type 1 +

FROM

A C Stuart Telephone No. Ext.

Department

HKIOD

apponitu

a judg.

to

Pr. type final

Pas 17 Stecard's

Signature.

Prk

I have been asked to reply to your letter of

30 July addressed to the Prime Minister about the

case of Mr Godber.

We are also very concerned about this case,

and the Governor of Hong Kong shares this concern.

As you know, the Governor of Hong Kong has UP

a judieiet, inquiry to investigate Mr Godber's

departure from Hong Kong and also to look into the

effectiveness of the Prevention of Bribery

Ordinance. The first part of the Commission's

report has been published. The difficulty was that

the Hong Kong Government were obliged by the lack

of other evidence, to proceed under Section 10 of

the Prevention of Bribery Ordinance. This made it

an offence for a public servant to be in possession

of pecuniary resources disproportionate to his

official emoluments, unless he could offer a

M Godbur

satisfactory explanat

planation. He had to be given time

to provide this explanation and in that time he

left Hong Kong.

The problem now is that there is no similar

offence under United Kingdom law. Under the United

Kingdom Fugitive Offenders Act, a person may not be

returned from Britain unless the facts on which the

/application

(17260) Dd.897459 400m 12/72_G.W.B.Ltd. Gp.863 (16940) Dd.897300 400m 9/72 G.W.B.Ltd. Gp.863

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