TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 30

CONFIDENTIAL

219

Mr. Stuart

Incorporated in letter to

P/A Des 4/10

n. Roberto

THE FUGITIVE OFFENDERS ACT 1968 AND HONG KONG (IN RE. GODBER)

1. You asked me for Mr. Royle's decision on whether or not to press on with an attempt to have the Fugitive Offenders Act amended in the context of the Godber case.

2. Mr. Royle has spoken to both the Attorney- General and the Chief Whip about this. The Attorney-General was most reluctant to consider an amendment of this Act for three principle

reasons:

(a) Changes in the law to deal with a single case tended to produce "bad law";

(b) if the law were changed to catch Godber it would have to be changed retrospectively and the Law Officers were loathe to recommend this; and

(c) Godber would almost certainly get wind of the proposed amendment and leave the country thus defeating the real purpose of the amendment and embarrassing the Government in more ways than one.

The Chief Whip told Mr. Royle that there would be considerable opposition in the House of Commons to an attempt by the Government to introduce an amendment to the Fugitive Offenders Act if it were known (as it almost certainly would be) that the motive behind it was to have Godber sent back to Hong Kong. He was, therefore, strongly opposed to the idea.

2. In the light of these reactions and that of the Home Office, who seem likely to follow the line taken by the Law Officers

Mr. Royle

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CONFIDENTIAL

/has

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