TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 129

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

(16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863

NOTHING TO BE Written in THIS MARGIN

CONFIDENTIAL

3.

as you may know,

Recently, a senior officer in the Hong Kong police force

a

by name of Godber came under suspicion.

Enquiries 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 abscored 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 Alistair

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

Mr Justice Blair-Kerr formed the view that there is no

rule

need to retain a double-criminality for the purposes 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)

ceb

of interting him if he tries to leave the United Kingdom.

CONFIDENTIAL

19.

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