TNAG-0411-FCO40-457-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 20

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CONFIDENTIAL

CHRISTMAS ADJOURNMENT DEBATE

HONG KONG: MR GODBER/CORRUPTION/FUGITIVE OFFENDERS ACT

BACKGROUND NOTE

In June this year, whilst action against him under the

Hong Kong Prevention of Bribery Ordinance was at an advanced stage,

Chief Superintendent Godber of the Royal Hong Kong Police escaped

from Hong Kong to the United Kingdom. He was charged under

Section 10 of the Ordinance, which makes it an offence for a

public servant to possess pecuniary resources disproportionate to

Lin official emoluments unless he can explain them. There is no

equivalent offence in Britain. The Hong Kong Government are thus

unable to seek his return under the Fugitive Offenders Act because

the act precludes the return of an offender unless the offence with

which he is charged is know to the law of this country.

The Governor appointed the senior Puisne Judge, Bir Alastair

lic-dep, le investigate the Godber affair and make recommend-

Bicas. As a result we have agreed to changes in the Hong Kong

und Public Service regulations. The Governor has set up an

inesperuent Anti-Corruption Commission. Sir Alastair also

dandod ameriment to the Fugitive Offenders Act to enable

oftenders charged with offences which are not at present relevant

offences under the Act, to be sent back to Hong Kong; for trial.

The have concluded that there are insuperable objections to any

rospective change. We are still considering a non-

vetrospective change, but there are difficulties in securing

Frequent to an a.endment which would make a person liable to

eturn for an offence not recognised in this country.

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1000 AONG AND 11:DIAN OCEAN DEPARTMENT, FCO

BACTER 1973