CONFIDENTIAL
CORRUPTION AND EX-CHIEF SUPERINTENDENT GODBER
1.
In June last year, while action against him under the Hong
Kong Prevention of Bribery Ordinance was at an advanced stage of
preparation, Chief Superintendent Godber managed to leave Hong Kong.
He has since been living in the United Kingdom. Section 10 of the
Ordinance, under which Proceedings against him were opened, makes
it an offence for a public servant to be in possession of financial
resources disproportionate to his official emoluments, unless he
can give a satisfactory explanation. There is, however, no similar
offence under United Kingdom law. The return of fugitive offenders
from the United Kingdom to the Dependent Territories is regulated
by the Fugitive Offenders Act 1967, which provides that a person
may not be returned from Britain unless the offence of which he is
accused is also an offence under United Kingdom law. Consequently
Mr Godber cannot be sent back to Hong Kong without evidence of a
returnable offence, e.g. the actual taking of a bribe. Such evidence
has now been obtained, and Mr Godber was arrested on 29 April.
The next step is for the Home Secretary and the Bow Street magistrates
to consider whether the prima facie case is strong enough to justify
Mr Godber's return.
CONFIDENTIAL
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