TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 5

double criminality rule in the Fugitive

Offenders Act, return is only possible when the

offence concerned is known to the law in both

countries.

There is force in the argument that it is illogical

that a person may not be extradited for an offence

under a Hong Kong law which has been approved by the Government HING O

However, the double criminality rule is an

important element of the Fugitive Offenders Act.

When the provisions of the 1967 Act were under

consideration in 1966 a great deal of thought was

given to the question whether to keep on the 1881

Act provisions in respect of UK dependencies and,

if not, whether the double criminality rule should

operate at the discretion of the Home Secretary,

or the Governor. It was eventually decided that

the rule should be absolute in its operation vis-

a-vis dependencies as in its application to

independent Commonwealth countries.

#

The only way to change the situation so as to

$

catch Godber would be to change the Fugitive

Offenders Act retrospectively. This would

obviously create serious problems, since, as you

know, Parliament is generally suspicious of

retrospective legislation, or legislation designed

deal with a sungle case

to eaten one man. Moreover on the general

question, some would argue that a person should

not be returned from this country to face trial

for what we do not here regard as a crime.

/We

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