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حاقد
PS/M &
CONFIDENTIAL
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FUGITIVE OFFENDERS ACT:HONG KONG
1.
The Blair-Kerr Commission recommended the amendment of
the UK Fugitive Offenders Act 1967 to make it possible to send
Mr Godber back for trial in Hong Kong. The obstacle is the
Mic
"double criminality" rule in the Act. This prevents return unless
the offence concerned is a crime in both countries.
2.
We discussed the question with the Home Office and
Mr Royle spoke to the Law Officers and the Whips. He concluded
that we could not amend the law retrospectively to catch Mr Godber.
The Governor, however, urged us to consider non-retrospective
amendment on general grounds and asked that the decision not to
return Godber should not be announced until this consideration
was complete.
3.
We have since gone over the ground extensively with the
Home Office and the Law Officers at Under-Secretary level. The
point was also covered in the Secretary of State's minute to the
Prime Minister and has been discussed in the Cabinet Committee of
officials on Hong Kong. Our exchanges of letters and the record of
the most recent meeting with the Home Office are attached. I also
attach an agreed extract from the paper which has gone to the
Cabinet Office and will be submitted to the Prime Minister in
connection with his forthcoming visit to Hong Kong.
CONFIDENTI AL
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Bu 711174
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prakk
17/12
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