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Registry
No. HKK 14/17
SECURITY CLASSIFICATION
Top Secret.
Secret.
Confidential.
Restricted.
Unclassified.
PRIVACY MARKING
In Confidence
DRAFT LETTER
To:-
Mr Eric Ogden MP
Type 1 +
FROM
Mr Royle
Telephone No. Ext.
Department
Thank you for your letter of 3 October about
the possibility of introducing a Private Members
Bill to allow for extradition to Hong Kong of
United Kingdom citizens charged with offences in
Hong Kong. I am grateful for your helpful interest
in this problem.
As you will know, the Fugitive Offenders Act
1967 already allows us in certain circumstances to
return to the dependent territories persons charged
with offences there. In the recent case of
Mr Godber, the main reason why he could not be so
returned was that the offence fach 80% was
on at himm
wanted in Hong Kong, namely the possession of un-
explained wealth by a public officer, does not
constitute an offence under English law. Under the
so-called double criminality rule in the Fugitive
Offenders Act, return is only possible when the
offence concerned is known to the law in both
countries. -Unfortunately it has not so far been
possible for the Hong Kong police, despite their best
endeavours, to find evidence to support a charge
against Mr Godber, for example of actual corruption,
for which he could be returned.
/the
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