TNAG-0410-FCO40-456-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 102

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CONFIDENTIAL

Sir D Watson

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Please consider

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Greement at official level?

Watson

PS Mr Royle

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THE FUGITIVE OFFENDERS ACT 1967 AND THE AFFLICATION OF THE A.R.

DOUBLE CRIMINALITY RULE TO HONG KONG

1. Mr Royle has said that, while he accepts that we cannot

change the law to catch Mr Godber, we should nevertheless

investigate the possibility of a change on general grounds.

The Secretary of State made the same point in his minute of

4 October. This change of tack makes it possible to escape

from the context of retrospective legislation designed to

catch one man, in which it is evident that we would be defeated.

Hong Kong will not like an amendment to the law which allows

Godber to go free, but they would prefer any amendment to none.

2. There is a respectable case on general grounds for saying

that the double criminality rule, under which a fugitive

offender can only be returned if the offence is known to the

law of both countries, should not apply to the dependent

territories. Before the enactment of the Fugitive Offenders

Act in 1967 the rule did not apply to the independent

Commonwealth countries, or to the dependent territories.

1967 it was, however, decided that the return of fugitive

offenders to stand trial in Commonwealth countries ought to

be subject to the same sort of safeguards as applied in respect

of foreign countries. The Act is less stringent in its

application to the dependent territories; but it does apply

the double criminality rule to them. The Home Office have

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In

CONFIDENTIAL