TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 71

Foreign and Commonwealth Office London SW1

(1914

fice

A G Morren Esq 166 Walton Road

Sale

Cheshire

Dear Mr Bowen,

Пожел

Telephone 01-

LAST

REF.

P

REF.

1184)

(190

Your reference

Our reference

HKK 14/17

Date

20 September 1973

I have been asked to reply to your letter of 8 September addressed to the Secretary of State about the case of ex Chief Superintendent Godber.

Earlier this year proceedings against Mr Godber were instituted in Hong Kong under Section 10 of the Prevention of Bribery Ordinance 1970 of Hong Kong. This made it an offence for a public servant to be in possession of pecuniary resources disproportionate to his official emoluments, unless he can offer a satisfactory explanation. Before he was charged Mr Godber was asked by the Attorney-General to provide such an explanation and, as required under the Ordinance, was given time in which to comply with this request. However, during that time Mr Godber left Hong Kong. There is no offence similar to that constituted under Section 10 of the Hong Kong Ordinance under United Kingdom law. The United Kingdom Fugitive Offenders Act 1967 provides that a person charged with an offence in Hong Kong may not be returned from Britain unless the facts on which the application for return are based would also have consti- tuted an offence under United Kingdom law. Mr Godber has not been charged with an offence which would render him liable to return to Hong Kong under the Act of 1967.

In the meantime, Mr Godber, who is believed to be in this country, has remained silent and has provided no explanation to the Hong Kong authorities in response to the request made to him under the Hong Kong Ordinance.

Since he has not been charged with anything that would be an offence cognisable under the law of this country there is no way of compelling him to return to Hong Kong to answer the charge outstanding against him. I fully agree with you that this is not a satisfactory situation, but for the moment it is inescapable.

Yours sincerely

Ac St

A C Stuart

Hong Kong & Indian Ocean Department