TNAG-0410-FCO40-456-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 127

Mr Stuart (HKIOD)

Reference.

CONFIDENTIAL

305

HONG KONG : FUGITIVE OFFENDERS ACT 1967

1.

As agreed at our meeting yesterday morning, I have spoken to Mr de Winton about the possibilities of modifying the Act so as to exclude the operation of the double-criminality rule in relation to dependent territories either as respects all offences or as respects particular offences or classes of offence.

He thinks it very unlikely that the Attorney-General would feel able to support proposals for such a change.

2.

3. As he sees the matter, however the proposals were presented to Parliament, it would be difficult to conceal the fact that one of their principal objects was to make extradition possible in relation to offences against section 10 of the Prevention of Bribery Ordinance of Hong Kong. Because of the anomalous nature of this offence, it is most unlikely that the Attorney would regard it as one appropriate for extradition. Mr de Winton doubted whether we should easily find other examples of offences under the laws of dependent territories with no counterpart in UK law that would be suitable for extradition.

This is discouraging; given the likely attitude of the Attorney, I cannot see much prospect of our making a convincing case for a change in the law in the face of Home Office objections.

4.

31 October 1973

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Mr Richardson (NTD)

Mr Champion (GGD)

Mr Fifoot (Legal Advisers)

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A R Rushford

Deputy Legal Adviser

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CONFIDENTI AL

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