TNAG-0441-FCO40-506-Visits-of-leading-personalities-of-Hong-Kong-to-UK-1974 — Page 84

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CONFIDENTIAL

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amend the Act retrospectively to make it possible to send Mr Godber back to Hong Kong. But at the Governor's request we have not announced this while the possibility of a non-

retrospective amendment is still under consideration.

35. The Home Office and Law Officers are opposed to any change which would involve the abandonment of the "double

criminality" rule in the Fugitive Offenders Act. The Foreign

and Commonwealth Secretary has decided that the difficulties

cannot be resolved before the Prime Minister's visit.

36. Possible Criticisms: Godber has been protected in the UK

because he is an Englishman. HMG approves the laws of Hong Kong;

it should not frustrate the operation of those laws.

37. Line to Take: Mr Godber cannot be returned to face trial

under the Fugitive Offenders Act. Return would only be possible

if the offence of which he is accused was accepted as a crime

in the laws of both countries. The answer in such cases, as

the Governor himself has made plain, is for someone to come forward to give evidence of actual corruption.

then be possible.

Return would

We are considering the possibility of amending the

38. We are

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Fugitive Offenders Act to abolish the so-called double

criminality rule in relation to Hong Kong. But there are

difficulties. So far as Mr Godber is concerned, to amend the

law retrospectively to catch one man would be a very serious

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