TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 48

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Mr Youge

PS MR

CONFIDENTIAL

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FUGITIVE OFFENDERS ACT: HONG KONG

1. The Governor has rejected (Hong Kong telegram No 1187)

the formula suggested by us (FCO telegram No 1032) for his

speech on 17 October. But he has agreed to soften the line

which he originally proposed. The relevant extract from his

speech will now read:

"The Godber affair has highlighted the case for

amendment of the Fugitive Offenders Act, as recommended

by Sir Alastair Blair-Kerr. The requirement of double

criminality is hard to understand in the case of a

dependent territory, such as Hong Kong, where HMG has

a power of veto on all laws passed, and the Secretary

of State is obliged to answer for the laws of Hong Kong

in the House of Commons. We feel sure it was not the

intention of the Fugitive Offenders Act to frustrate

the intention of the laws approved by HMG in Hong Kong.

I have represented to the Secretary of State the

strong feelings on this subject here. This, of course,

is not the only way to bring back Godber for trial. It

remains only for one man to come forward and give

conclusive evidence of a corrupt transaction."

2. I think this is all right in the sense that, unlike the

original version, it does not commit the Governor personally

to a change in a way that would be embarrassing for him if we

/rejected

CONFIDENTIAL