TNAG-0490-FCO40-555-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 158

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CONFIDENTIAL

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Watson

Sir D Watson

PS/Lord Goronwy-Roberts

HKK 14/3

80

MEETING ON THURSDAY 18 APRIL AT 4.00 p.m.: HONG KONG AND THE FUGITIVE OFFENDERS ACT

Problem

1.

The Governor has asked us to have another look at the

possibility of changes to the Fugitive Offenders Act 1967, to make

it possible to return people for trial in Hong Kong for offences

which are not regarded as crimes under UK law.

Background

2.

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 in Hong Kong, 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.

3.

The return of fugitive offenders from the UK to the

Dependent Territories is regulated by the Fugitive Offenders Act 1967.

Section 3(1)(c) of the Act provides that a person may not be

returned from Britain to a Commonwealth country or UK dependency

unless the offence of which he is accused would also constitute 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.

CONFIDENTIAL

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