TNAG-0410-FCO40-456-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 63

CONFIDENTIAL

BACKGROUND NOTE

MR PETER GODBER, EX CHIEF SUPERINTENDENT HONG KONG POLICE

1.

Mr Godber left Hong Kong on 8 June at a time when

prosecutions against him under Section 10 of the Prevention of

Bribery Ordinance were at an advanced stage. Mr Godber is at

present at Rye in Sussex. There is no corresponding offence in

this country to Section 10 of the Hong Kong Prevention of

Bribery Ordinance which makes it an offence for a public

servant to be in possession of pecuniary resources, dispropor-

tionate to his official emoluments unless he can offer a

satisfactory explanation. The Hong Kong Government are thus

unable to seek his return under the Fugitive Offenders Act. The

Hong Kong Police have been actively investigating the possibility

of charging Mr Godber with some other offence for which the

Fugitive Offenders Act could be used, but so far without success.

2. Sir Alastair Blair-Kerr who was appointed by the Governor

to investigate the departure of Mr Godber and to propose further

measures has recommended that the Fugitive Offenders Act 1967

should be amended so as to enable Godber and other offenders

charged with criminal offences which are not relevant offences

under the Fugitive Offenders Act to be extradited to Hong Kong

to stand trial.

3. We have told the Governor that we will look again at the

possibility of a change in the law on general grounds which

would not be retrospective in form and therefore would not

catch Godber. Mr Royle is writing to his opposite number in

the Home Office asking to discuss this question.

14.

CONFIDENTIAL