TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 19

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A distinction was drawn between a "designated Commonwealth country"

and a "United Kingdom dependency". Hong Kong is a United Kingdom dependency. Provision was made for the return of a fugitive for trial for what is termed a relevant offence; and a relevant offence is defined in section 3(1) of the Act as follows:-

"3(1)

accused

an offence of which a person is' in a designated Commonwealth country or United Kingdom dependency is a relevant offence if

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(a) in the case of an offence against the

law of a designated Commonwealth country, it is an offence which falls within any of the descriptions sot out in schodulo I .... and is punishable .... with imprisonment for

12 months or any greater punish-

ment;

(b) in the case of an offence against the

law of a United Kingdom dependency, it is punishable under that law

with imprisonment for 12 months or any greater punishment; and

(c) in any case, the act or omission

constituting the offence, or the equivalent act or omission, would constitute an offence against the law ΟΙ the united kingdom in it tTOOK BALCO within the United Kingdon

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15. Godber is accused of an offence under section'10 of the Prevention

of Bris Ordinance, an offence punishable with imprisonment up to 7 years. Therefore, it satisfies the condition in paragraph (b) of section 3(1). But it does not satisfy the condition in paragraph (c). There is no off once equivalent to our section 10 of Cap.201 in the law of England. Indeed, I do not think that there is any English equivalent to our section 3; and there might even be arguments as to whether the "aets" described in some of the other sections in Part II of the Ordinance have any true equivalent in the law of England. 214. The present position is most unsatisfactory. There may, or may not, be very sound reasons for having paragraph (c) in the ento of dertain designated Commonwealth countries over union the ! United Kingdom has no control as regards the onctuent of legislation croating now offences, or indeed govorning by odict. But, I am quito

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