LAST
REF.
Foreign and Commonwealth Office
London S.W.1
368
380
10 December, 1973
370
I am writing to thank you for your letter of 26 November to Mr. Royle.
I should just like to set the record straight about the possibility of returning Ex-Chief Superintendent Godber to Hong Kong. The offence alleged against him, and for which a warrant has been issued in Hong Kong, is that he was in possession of un-explained financial resources disproportionate to his salary as a police officer. This is an offence under Section 10 of the Hong Kong Prevention of Bribery Ordinance. This section is in force because of the particular situation in Hong Kong. There is no corresponding offence in this country. Under the Fugitive Offenders Act, a person can only be returned if the offence of which he is accused is known to the law of this country as well as to that of the territory seeking his return. Consequently the Hong Kong Government are unable at present to seek his return. Nevertheless there has been and still is strong public pressure in Hong Kong for him to be sent back. But he could be returned only if evidence of an extraditable offence, of which we could be charged, could be found.
The Governor appointed a senior puisne judge in Hong Kong, Sir Alastair Blair-Kerr, to investigate the departure of Mr. Godber from Hong Kong and to make recommendations. Sir Alastair's report recommends that the Fugitive Offenders Act should be amended so as to enable Mr. Godber, and any other offenders charged with criminal offences which are not at present relevant offences under the Act to be returned to Hong Kong. The whole matter is still being
/ considered
J
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