TNAG-0489-FCO40-554-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 117

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Minister

Minute

by

21

Mi Blaker

Ans Genert

Flag A

241

Pre

Flag B 364

Rueu

Mr Youde

Watson

Sir D Wats

PS/Mr Maker

PS

Laynee

O.

suggested

added

o have with this adrice sentence to the draft. Mr Blaker will with is consider whether the Sey if I rate should see action is taken.

In that event, go the As the matter could want in ket

before

the S.sps's 'etion for East Africa a 10 tely.

FUGITIVE OFFENDERS ACT 1967

Problem

1.

De Washin

3i

There has been and still is strong public pressure in

1/2

Hong Kong for the return of Mr Peter Godber, the former Chief

Superintendent of Police who absconded from Hong Kong in June 1973

when action against him under Section 10 of the Prevention of Bribery

Ordinance was at an advanced stage. Sir Alastair Blair-Kerr, in

the report of his Commission of Enquiry into the Godber affair

recommended retrospective amendment of the United Kingdom Fugitive

Offenders Act 1967 to make it possible to send Mr Godber and others

facing similar charges back for trial in Hong Kong. We have to give

the Governor our final decision.

Background

2.

The background is set out in my submission of 6 December.

FCO Ministers had earlier decided that it would not be possible to

amend the law retrospectively to catch Mr Godber. We had however

tried at official level to reach agreement with the Home Office and

the Law Officers on a non-retrospective change in the Fugitive

Offenders Act to abolish the double-criminality rule in relation

to Hong Kong. We failed. We therefore suggested that the Secretary

of State should propose a meeting with the Home Secretary to try to

/reach agreement

CONFIDENTIAL

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