TNAG-0410-FCO40-456-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 137

RUSHFORD

MR RUSHFORD

MR CHAMPION

MR STUART

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FUGITIVE OFFENDERS ACT 1967 AND THE APPLICATION OF THE DOUBLE CRIMINALITY RULE TO HONG KONG

WITH 313

1.

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continue not

to

I must say I find it very difficult to support this submission and the draft minute from Mr Royle to Mr Carlisle, even with the suggested amendments by Mr Rushford which attempt to improve the case. The plain fact of the matter is that, as Mr Rushford points out in his minute of 25 October, the case for a general change in the law seems pretty weak.

2. The arguments in favour of the principle of double criminality are well set out in "Extradition in International Law" by I A Shearer, pp 137 and 138, as shown at Flag "A".

3.

The principle is inherent in the prima facie case requirement set out in Section 10 of the Extradition Act 1870 and is specifically reflected in Section 3(1)(c) of the Fugitive Offenders Act 1967. The present view of the Departmental Committee which has been set up to consider what changes should be made in the UK Extradition Law is "there can be no question that it must continue to be a requirement of our Extradition Law".

4. It appears from the note which accompanied the draft bill prepared for the Fugitive Offenders Act 1881 that the principle was specifically excluded from that Act for the following reasons:-

5.

a)

b)

there were offences peculiar to certain colonies to which it was intended that the Bill should apply;

the principle was hardly applicable to the case of a colony.

When this Act was being reviewed in the immediate aftermath of the Enahoro case the Committee set up for the purpose thought that the principle should now apply as between independent commonwealth countries. Consideration was given by the Committee as to whether the principle which is basic to all extradition arrangements between independent States should apply as between the dependent territories of the UK. Despite the fact that the reciprocity argument in favour of the rule was not really applicable, the Committee at the time was obviously of the opinion

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