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•ble to understand why this provision was made to apply to a way like Hong Kong. In this dependent territory we live under
vulo of law; and Her Majesty the Queen has the power to duckdow now logi.iniion which She may consider not to be for the "pocce » and good government" of the Colony. Sho did not exercise Her vel or disallowance in the case of the Prevention of Bribery
Laance.
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I suggest, therefore, that serious consideration be given › lacking representations to the Secretary of State that paragraph (c) ( section 3(1) of the Fugitive Offenders Act 1967 be amended so as to make it apply only to offences against the law of designated Commonwealth countries; alternatively, that a proviso be added to
effect that it shall not apply to offences contained in Colonial islation in respect of which Her Majesty has not exercised Her wor of disallowance; alternatively that it be doclared that paragraph (c) shall not apply to Hong Kong,
236.
I also see no reason why such an amendment should not be 20 retrospective. That would not be legislating so as to create new offence and making it retrospective. Section 10 has been on num statute book for 2 years; and I can see no objection to amending Bastion 3 of the Act with retrospective effect back to 1967. That,
( course, would enable steps to be taken for the return of Mr. Godber. "5, whether or not it is made retrospective, it is very important
hat the 'Fugitive Offenders Act be amended so that persons fleeing to Flo United Kingdon may be returned to Hong Kong to be tried by our courts. 217. This, of course, would not solve the problem arising in cases
The position would be
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„oro a fugitive flces to foreign countries. governed by the Extradition Acts which are based on the principle of ciprocity. Britain does have an extradition treaty with Portugal: ut it would appear that there is no reciprocity as regards the bribery and corruption offences in Part II of our Ordinance. We do ist even have any extradition errangements with Taiwan. It is exasperating to think that a corrupt officer would be able to
pulpa to, sty, Macau or Taiwan and the Hong Kong authorities would
Mike lit back to Hong Kong for trial.
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