TNAG-0410-FCO40-456-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 71

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TO PRIORITY GOV BERMUDA TELNO PERSONAL 62 OF 7 NOV AND TO ALL GOVERNORS OF DEPENDENT TERRITORIES EXCEPT HONG KONG INFO GOV

HONG KONG.

FUGITIVE OFFENDERS ACT

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1. AS A RESULT OF A CASE IN HONG KONG WHERE A POLICEMAN HAS EVADED PROSECUTION UNDER THE PREVENTION OF BRIBERY ORDINANCE AND COME TO THE UK, WE ARE LOOKING AGAIN AT THE FUGITIVE OFFENDERS ACT 1967 AND PARTICULARLY AT THE DOUBLE CRIMINALITY RULE IN SECTION 3(1)(C) MITCH PREVENTS THE RETURN OF A FUGITIVE OFFENDER FROM THE UK TO A DEPENDENT TERRITORY UNLESS THE OFFENCE WITH WHICH HE IS CHARGED IS KNOWN TO THE LAWS OF BOTH COUNTRIES. THIS RULE HAS APPLIED SINCE 1967 TO BOTH INDEPENDENT COMMONWEALTH COUNTRIES AND THE DEPENDENT TERRITORIES. PREVIOUSLY IT APPLIED ONLY TO FOREIGN COUNTRIES. IT IS ARGUABLE THAT IT IS NOT LOGICAL TO APPLY THE RULE TO THOSE DEPENDENT TERRITORIES WHOSE LAWS WE CONTROL.

2. GRATEFUL IF IN CONSULTATION WITH YOUR ATTORNEY GENERAL YOU WOULD EXAMINE YOUR LAWS AND INFORM US SO FAR AS PRACTICABLE OF PROVISIONS WHICH CREATE A CRIMINAL OFFENCE IN YOUR TERRITORY UNKNOWN TO UK LAW AND TO WHICH THE DOUBLE CRIMINALITY RULE WOULD APPLY, ON THE ASSUMPTION THAT SECTION 3(1)(B), WHICH RESTRICTS RETURN UNDER THE ACT TO OFFENCES PUNISHABLE WITH 12 MONTHS IMPRISONMENT IS RETAINED.

3. IF IT WERE DECIDED TO MAKE ANY CHANGE THIS COULD EITHER HAVE THE EFFECT OF REMOVING THE DOUBLE CRIMINALITY RULE ALTOGETHER IN RELATION TO THE DEPENDENT TERRITORIES, OR ESTABLISH A SCHEDULE OF OFFENCES TO WHICH THE RULE WOULD NOT APPLY, GRATEFUL FOR YOUR VIEWS, INCLUDING SUGGESTIONS OF OFFENCES WHICH SHOULD FALL INTO ONE CATEGORY OR THE

OTHER.

4. GRATEFUL FOR AT LEAST AN INTERIM REPLY BEFORE 14 NOVEMBER.

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