TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 138

RECE O IN

~31

CR 16/2041/69

: HKKIV/17

Dear Sir,

CONFIDENTIAL

HK

6th September 1973

The Prime Minister has asked me to reply on his behalf to your letter to him of 16th July concerning Mr. Godber.

Your first main point concerns the freedom of speech in Hong Kong. As you may know, section 30 of the Prevention of Bribery Ordinance prohibits the disclosure to a person of the fact that he is subject to an investigation under the Ordinance and the disclosure of details of the investigation. It also prohibits the disclosure to anyone else of the identity of a person who is the subject of such an investigation or details of the investigation. This provision is designed primarily to prevent disclosures which might frustrate the investigation of offences under that Ordinance. is, however, considered that section 30 does not extend to proper reports of proceedings before a court (including proceedings in chambers under section 18 of the Ordinance) and accordingly no prosecutions are to be instituted in relation to proper newspaper reports of the court proceedings to which it is believed that your letter refers. You will understand, in the light of the foregoing, that there is no question of an attempt by the Government to suppress freedom of speech in Hong Kong.

It

Your second point concerns the return of Mr. Godber to Hong Kong. When Mr. Godber left Hong Kong, consideration was being given to his prosecution for an offence against section 10 of the Prevention of Bribery Ordinance. Under the Fugitive Offenders Act, a person may not be returned from the United Kingdom to stand trial in Hong Kong for an offence unless that offence is also an offence under the law of the United Kingdom. There is no offence under the law of the United Kingdom which corresponds with the offence under section 10 of the Prevention of Bribery Ordinance and consequently Mr. Godber cannot be returned to stand trial for that offence in Hong Kong.

Mr. Kenneth Chan,

Int'l Vice President,

Hong Kong Federation of Students,

50a, Lutheran Building,

Room 101,

Waterloo Road,

Kovloon.

CONFIDENTIAL

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