TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 112

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revealed that he had been passing very large sums of money through different bank accounts, and he was asked to provide an explanation within seven days, but he absconded from Hong Kong before that time had elapsed. He came to England and is believed to be still here.

4. The Senior Puisne Judge in Hong Kong, Sir Alastair Blair-Kerr, was asked to enquire into the circumstances of Godber's departure and also to consider whether any changes in the law were required.

5. Godber has been charged with an offence under s.10, but no evidence has come to light that would justify preferring any other charge against him. It is not possible for the Hong Kong Government to obtain his extradition from the United Kingdom under the Fugitive Offenders Act 1967 in respect of the charge under s.10, in view of the terms of s.3(1)(c) of the Act and the fact that there is no equivalent offence in England.

6.

Sir Alastair Blair-Kerr formed the view that there is no need to retain a double-criminality rule for the purpose of extradition to Hong Kong from the United Kingdom, and has recommended that the Act of 1967 should be modified so as to exclude s.3(1)(c) in such

cases.

7. It would be possible to do this by means of an Order in Council under s.2(3) of the Act. Under s.2(6) such an Order has to be approved in draft by each House of Parliament.

8.

In the meantime Godber's name has, as you know, been put on the watch-list, so that there is a chance (but no certainty) of intercepting him if he tries to leave the United Kingdom.

9.

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We shall be pressed by the Hong Kong Government to modify the Act of 1967 as the departure of Godber from the Colony has caused much public indignation and if he is not returned HIG will be blamed.

10. We should therefore be very grateful for the views of the Home Office on the proposal to modify s.3(1)(c) of the Act of 1967 in relation to Hong Kong and also on the feasibility of preventing Godber from leaving the United Kingdom pending the making of the Order. The origin of the provision is in paragraph 10 of the Commonwealth Scheme published as Cmnd 3008, but you will appreciate that the scheme was concerned with extradition from one independent Commonwealth country to another, and was not designed to regulate extradition between the UK and its dependencies. The Fugitive Offenders Act 1881, which was superseded by the Act of 1967, excludes the double-criminality rule - see s.9.

11. FCO legal advisers have considerable doubt whether Godber's name should be kept on the stop-list until Parliament reassembles and the Act of 1967 can be modified. The probability is that Godber will hear of the intention to modify the Act before the

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CONFIDENTIAL