TNAG-0410-FCO40-456-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 84

NOTES FOR SUPPLEMENTARIES

MR GODBER'S OFFENCE

1. Mr Godber's alleged offence does not have a counterpart in

UK law. Extradition is therefore precluded by the "double criminal- ity rule" which is embodied in the Fugitive Offenders Act 1967.

COMMONWEALTH 2. The Act was based on a scheme drawn up in 1966 which was SCHEME

agreed throughout the Commonwealth, and under which extradition between member States takes place not under a treaty but under reciprocal legislation. In general these arrangements have worked

well.

THE DOUBLE

CRIMINALITY

RULE

A SPECIAL PROCEDURE FOR HONG- KONG

3.

It

The double criminality rule is universal in extradition arrangements between the United Kingdom and other countries. is based on the principle that an individual should not be held in custody, subjected to committal proceedings and finally forcibly

removed from this country in respect of an act or omission which

would not render him liable to prosecution if it had taken place in this country. The onus is thus on the requesting State to

provide evidence of an extraditable offence

cbtain

4. Section 2(3) of the Fugitive Offenders Act 1967 would permit, by Order in Council, "exceptions, adaptations or modifications" in its application to any UK dependency. However resort has not been had to this power, and I em not convinced of the necessity

for *on special provisions An relation to Hong Kong.

I am

of a recommendation marke double criminality rule "should not to return of

alleged offender to Hong Kong.

in Hong Kong that the aggely

in relation to return

I am

in touch with

my

an

Rt. Hon. Fried the foreign and

Commonwealth, Sewatang about this matter.