7465) Dd.145173 400m 5/73 G.V.B.Ltd. Gp.363
NOTHING TO BE WRITTEN IN THIS MARGIN
retrospective amendment of this rule to catch Godber
has no chance of being approved by Parliament. But the
Governor has urged that before announcing this we
should consider non-retrospective amendment on general
gromads. The question is of substantial interest in
Hom; Kong. It is widely believed, against all the
facts, that the "Englishman" Godber is being protected
by the Government in the UK. Power exists in Section
2(3) of the Act to apply its provisions with exceptions,
adoplations and modifications, by Order in Council
(subject to affirmative resolution), but the Home
Office think that, in view of the fundamental nature
of the change contemplated, substantive legislation
might be required if the Governor's request were to be
meb.
13.
The Home Office have pointed out that there are substantial arguments for retaining the double
criminality rule. It is now universal in our
extradition arrangements with foreign and commonweal thi
countries, and reflects the principle that an individual
noni not be forcibly removed from a country where he
is colitled to be, for an act which would not be an
Tenco if committed in that country; the rule in
losely related to the need to establish a prima facie
nse in this country; and the UK courts might have
ifficulty in interpreting "foreign" law. If the change
ere made, difficulties could arise in individual cases
here a dependency had been allowed to introduce offence
hich were unacceptable to some sections of UK public
opinion, and the Home Secretary would be open to
riticism if he authorised the return of someone aces
/of much a
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