TNAG-0489-FCO40-554-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 121

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

Registry No.

URITY CLASSIFICATION

Top Secret.

Secret.

Confidential,

CONFIDENTIAL AND PERSONAL

DRAFT

LETTER

To:-

Sir Murray MacLehose KCMG MBE

HONG KONG

Type 1 +

FROM

Mr Blaker

Telephone No. Ext.

Restricted. Unclassified.

PRIVACY MARKING

In Confidence

T

FUGITIVE OFFENDERS ACT

1.

Department

I am sorry that my first personal letter to

you on taking over from Tony Royle should bring you

bad news. You already knew of our decision that

we could not change the Fugitive Offenders Act

That wes

meant

(which retrospectively, and therefore could not send Godber

back to Hong Kong, unless you could find evidence

to charge him with something that is also an offence

in this country. I am sorry to say that we have also

been unable to reach agreement on any future change

in the double-criminality rule under the Act.

2.

We have tried hard. But the Home Office and

the Law Officers are strongly opposed to any change,

and the Secretary of State has decided that if we

press the point any further we shall lose.

3.

criticis

But

There are of course arguments on both sides.

We have stressed the general point of principle that it

is wrong that we should approve the laws of Hong Kong

and then allow their operation to be frustrated.

the Home Secretary could face unacceptable embarrass.

ment if he had to authorise the return of anyone for trial in the dependent territories on a charge which

did not constitute a crime in this country.

became clear after we had consulted the other

Governors that the only Dependent Territory law of

/importance

It also

(17260) Dd.897459 400m 12/72 G.W.B.Ltd. Gp.863 (16940) Dd.897300 400m 9/72 G.W.B.Ltd. Gp.863

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