TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 212

IMMEDIATE

CYPHER CAT A

GRIS 1100

FM FCO 0813157

CONFIDENTIAL

CONFIDENDIA

RECEVED IN

RIGISTRYN 31

9 OCT 1973

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(204) (235)

TO IMMEDIATE GOVERNOR HONG KONG TELNO 1093 OF 8 OCTOBER 1973.

YOUR TELEGRAM NO 1090: BLAIR KERR REPORT

1. MR ROYLE IS AWAY AND HAS NOT YET SEEN THIS

TELEGRAM. IT IS SENT TO YOU NOW BECAUSE OF YOUR EXCO MEETING,

IF THERE ARE ANY MINISTERIAL POINTS WE WILL LET YOU KNOW, OTHERVI SE

COMMENTS BELOW ARE DEFINITIVE.

FUGITIVE OFFENDERS ACT

2. AFTER CONSULTING THE LAW OFFICERS, CHIEF WHIP AND HOME OFFICE, MR ROYLE HAS DECIDED, WITH REGRET, THAT WE CANNOT CHANGE THE LAW

TO CATCH GODBER. ANY AMENDMENT NOW WOULD BE LIKELY TO MEET SUPSTANTIA

OPPOSITION IN PARLIAMENT ON THE GROUND THAT IT WAS RETROSPECTIVE, WAS DESIGNED TO CATCH ONE MAN, AND RELATED TO A PROVISION OF THE

PREVENTION OF BRIBERY ORDINANCE WHICH IS REMOTE FROM ENGLISH LAW. WE ARE STILL PURSUING AT OFFICIAL LEVEL THE POSSIBILITY OF AN AME

NDMENT WHICH WOULD NOT BE RETROSPECTIVE AND SO WOULD NOT AFFECT GODBER. THIS WOULD NOT BE OPEN TO THE SAME CRITICISMS, AND WOULD REST ON THE GENERAL PRINCIPLE THAT THE DOUBLE CRIMINALITY RULE IS INAPPROPRIATE IN THE DEPENDENT TERRITORIES WHOSE LEGISLATION WE ULTIMATELY CONTROL. WE REALISE, HOWEVER, THAT THIS FALLBACK PROPOSITON WILL BE LESS USE TO YOU, AND IT IS STILL TOO EARLY TO KNOW WHETHER IT WILL PREVAIL.

COLONIAL REGULATIONS

3. GIVEN THAT THE AIM OF MAKING IT POSSIBLE TO RETIRE AN OFFICER

QUIETLY INCLUDES AVOIDING A SUBSEQUENT FUSS HERE, WE AGREED WITH

YOU IN YOUR TALKS HERE THAT THERE WOULD BE ADVANTAGE IN SOME

FORMAL PROCEDURES WHERE THESE ARE POSSIBLE. WE WOULD THEREFORE

PREFER NOT TO ALTER REGULATIONS 62 AND 59 TO MAKE IT POSSIBLE TO RETIRE AN OFFICER SOLELY ON THE RECORD OF A CRIMINAL CASE IN WHICH HE HAD BEEN ACQUITTED. IT WOULD BE TOO EASY FOR HIM TO COMPLAIN THAT AN INNOCENT MAN HAD BEEN BUNDLED OUT WITHOUT ANY FURTHER INVESTIGATIONS AND WITH NO OPPORTUNITY TO DEFEND HIMSELF, IM ANY CASE, PROVIDED THAT THE PROCEDURES UNDER REGULATION 59 ARE AS SIMPE

CONFIDENTIAL

/AS WE ARE NOW

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