TNAG-0490-FCO40-555-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 169

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

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Mr Youde

PS/Lord

Goponwy-Roberts

LETTER FROM MR ERIC OGDEN MP

75

20

B. Za

1. Mr Eric Ogden has written to the Secretary of State

referring to his intervention about corruption in Hong

Kong during the Foreign Affairs debate on 19 March.

2. In raising the question of the "sanctuary afforded

in British law to those people who have been in the

Colony" and who are "wanted to assist the Government

in Hong Kong into their enquiries into corruption",

Mr Ogden is referring to the case of Mr Godber, the

former Chief Superintendent of Folice in Hong Kong

who managed to return to England at a time when charges

against him under the Hong Kong Prevention of Bribery

Ordinance were at an advanced stage of preparation.

As Mr Ogden is aware, the main reason why we cannot

return Mr Godber to Hong Kong is that the offence

alleged against him, namely the possession of unexplained

funds by a public officer, does not constitute an

offence under English law. Under the double criminality

rule in the 1967 Fugitive Offenders Act, return is

only possible when the offence concerned is known to

thelaw of both countries. As Mr Ogden says, he wrote

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/previously

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