-7:45) D2.145178 400m 5/73 G.W.9.Ltd. Gp.363
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1
Confidential
COROJPTION AND THE FUGITIVE OFFENDERS ACT
9.
When Mr Godber, the Hong Kong policeman,
364/€
escaped to Britain before he could be tried for
coruption, the Governor set up a judicial commission
under Sir A Blair-Kerr. His report recommended a new
anti-corruption commission in Hong Kong; changes in
the Law and Colonial Regulations in Hong Kong to make
it easier to deal with corrupt public servants; and
the mendment of the UK Fugitive Offenders Act to allow
the return of Godber.
10.
As a result the Governor has already set up an
independent Anti-Corruption Commission under experienced
direction. We have also agreed with the Governor on
changes in the laws and regulations governing the public
service in Hong Kong which meet most of Sir A Blair-
Kerr's recommendations. These will be announced thin
monbi.
11.
This leaves the Fugitive Offenders Act. Godber
is accused of an offence under Section 10 of the long
Kon: Prevention of Bribery Ordinance, which makes it an
offence for a public servant to be in control of
resources which he cannot explain.
This provision in
needed in Hong Kong where it is very difficult to Bel
evidence of actual corruption. But there is no parallel
offence in this country. The Fugitive Offenders Act
1967 introduced for the first time in its application
to the Dependent Territories, the so-called "double
criminality rule", under which an offender can only be
returned if the offence of which he is accused is known
to the law of both countries.
12.
We have consulted the Law Officers, the Home
office and the Whips and have concluded that a
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