Foreign and Commonwealth O..ce London SW1
A G Tilton Esq
"Thatch Cottage" Trehaddle
Cusgarne
TRURO Cornwall
Telephone 01-
$HKR 14/17.
Your reference
Our reference HKK 14/17
(2844
(978
Date
tile
292
26 October 1973
28
Dear Me Tilton,
Lord Carrington's Office have asked me to reply direct to your letter of 12 October about the case of Mr Godber.
As I expect you know, the situation is that, earlier this year, proceedings against Mr Godber were instituted in Hong Kong under Section 10 of the Prevention of Bribery Ordinance 1970 of Hong Kong. This makes it an offence for a public servant to be in possession of pecuniary resources disproportionate to his official emoluments, unless he can offer a satisfactory explana- tion. Before he was charged Mr Godber was asked by the Attorney- General to provide the necessary explanation and, as required under the Ordinance, was given time in which to answer. But during that time Mr Godber left Hong Kong. There is no offence under United Kingdom law similar to Section 10 of the Hong Kong Ordinance. The United Kingdom Fugitive Offenders Act 1967 provides that a person charged with an offence in Hong Kong may not be returned from Britain unless the facts on which the application for return are based would also have constituted an offence under United Kingdom law. Mr Godber has not been charged with an offence which would make him liable to return to Hong Kong under the Act of 1967.
In the meantime, Mr Godber, who is believed to be in this country, has remained silent and has provided no explanation to the Hong Kong authorities in response to the request made to him under the Hong Kong Ordinance. Since he has not been charged with anything; that would be an offence in the UK there is no way of compelling him to return to Hong Kong to answer the charge outstanding against him. For the same reason your suggestion that Mr Godly should be interviewed here by Scotland Yard officers is unfor natoly impracticable.
As for the source of Mr Godber's wealth, the Hong Kong Folice Force, despite their best endeavours, have been unable to establish where it came from.
/You
pa
PMIL
26/10
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