TNAG-0492-FCO40-557-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 100

CONFIDENTIAL

256)

GPS 280

INEDIATE

CYPHER/CAT A

FM FCO 301955Z

CONFIDENTIAL

DESKBY 310030Z

TO IMMEDIATE HONG KONG TELNO 938 OF 30 OCTOBER. 1974

M.I.P.T. GODBER.

(HK)

1. MR SCRIVENER IN THE PRESENCE OF MESSRS. RUSHFORD AND STUART AND OF MR FUNNELL, HIS INSTRUCTING SOLICITOR, AGREED TO THE FOLLOWING STATEMENT OF HIS OWN POSITION:

**WHILE IN PRINCIPLE I CANNOT BIND MYSELF NOT TO USE ANY INFORMATION AVAILABLE TO THE DEFENCE, IN PRACTICE IN THE CIRCUMSTANCES OF THIS CASE I CANNOT CONCEIVE OF CIRCUMSTANCES IN

WHICH I WOULD DO SO (1.E. MAKE USE OF MRS GODBER'S AFFIDAVIT OR CALL HER OR SUPERINTENDENT IRVINE TO GIVE EVIDENCE) BECAUSE IT WOULD BE HARMFUL TO THE DEFENCE. THOSE CONCERNED MAY THEREFORE UNDERSTAND THAT IN PRACTICE IT WILL NOT HAPPEN'',

2. MR SCRIVENER WENT ON TO SAY THAT IF CONTRARY TO THESE EXPECTA-

TIONS, HE DID FIND HIMSELF OBLIGED TO MAKE ANY USE OF MRS GODBER'S STATEMENT, HE WOULD UNDERTAKE TO SPEAK BEFOREHAND TO MR FRENCH (COUNSEL FOR THE PROSECUTION), INDICATING WHAT HE PROPOSED TO DO, SHOWING HIM THE AFFIDAVIT, AND ALSO INFORMING HIM OF THE DETAILS OF HIS APPROACH TO THE FOREIGN AND COMMONWEALTH OFFICE, AND IN PARTICULAR OF HIS STIPULATIONS AS TO CONFIDENTIALITY.

3. IN ADDITION MR SCRIVENER SAID HE WAS WILLING TO AGREE TO A FORMULA IN THE TERMS OF WHICH THE ATTORNEY GENERAL WOULD NOW SPEAK TO MR FRENCH, THIS FORMULA WOULD NOT MENTION MRS GODBER OR HER AFFIDAVIT BUT WOULD MENTION THAT THE DEFENCE RECEIVED THE RELEVANT INFORMATION FROM SUPERINTENDENT IRVINE, AND THAT IT WAS FOR THIS

CONFIDENTIAL

/REASON