TNAG-0441-FCO40-506-Visits-of-leading-personalities-of-Hong-Kong-to-UK-1974 — Page 20

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 is now 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 unless the Hong Kong authorities

can produce evidence of a returnable offence, e.g. the actual taking

of a bribe. So far this evidence is lacking.

2.

The Governor appointed Sir Alastair Blair-Kerr, then the

Senior Puisne Judge in Hong Kong, to investigate the circumstances

of Mr Godber's departure. Sir Alastair was also asked to propose

further measures to combat corruption. He recommended among other

things that HMG should be asked to amend the Fugitive Offenders Act

so that Mr Godber and any others like him could be returned to face

trial in the Dependent Territories, even if the offences concerned

were not known to UK law. The Home Office and the Law Officers

Department have hitherto been strongly opposed to any change, and

particularly to any retrospective amendment designed to catch

Mr Godber. We shall be submitting to Ministers on the question but

/there seems

CONFIDENTIAL