Godber - The one who nearly got away!
"An intriguing tale of corruption, conflicting loyalties, missed opportunities, and confusion."
The following is a summary of a declassified 'secret' report by Justice Blair-Kerr that runs to 45 pages. The original is held in the British National Archives, Kew. I’ve kept this summary a factual as possible, although I've framed the story's setting and made a few observations in places.
The Prologue
Peter Fitzroy Godber is the arch-villain of Hong Kong's corruption story. Almost single-handed, he is the reason for the creation of the Independent Commission Against Corruption. Godber's sudden departure from Hong Kong in 1973, whilst under investigation for corruption offences, sparked allegations of a widespread cover-up. Students took the streets in protest while civic groups demanded answers.
Mrs Elsie Elliot (later Tu), a renowned anti-corruption campaigner, claimed to have evidence of collusion in Godber's escape. Her allegations and other claims attracted much press coverage.
A secret Commission of Inquiry, conducted by Supreme Court Judge Alastair Blair-Kerr, considered the following;
"Report on circumstances in which a person, whose prosecution under the Prevention of Bribery Ordinance was at an advanced stage of consideration, was able to leave Hong Kong."
In short, how did he get away? Was he helped?
Governor Murray Maclehose gave the Judge only three weeks to produce his findings. Such was the seriousness of the matter that the government needed quick answers. Moreover, that a senior British officer suspected of corruption could escape was profoundly embarrassing to the colonial authorities. Below I've provided a time-line to help understand the sequence for events.
Godber - His Story
Godber was born in London on 7 April 1922. Before joining the Hong Kong Police Force, he served for 4 1/2 years as a constable in the Hastings County Borough Police.
In August 1952, Godber arrived in Hong Kong on appointment as a probationary sub-inspector. By 1955 he was promoted to Assistant Superintendent and then onto Chief Superintendent in July 1969.
During the civil unrest of 1966 and 1967, Godber served with distinction, earning a reputation for his robust style that boosted officer confidence. On 1 December 1971, he was posted as Deputy District Commander Kowloon.
In January 1972, Godber applied to retire early, citing ill health. He claimed both he and his wife found the Hong Kong climate a strain. The application was approved with Godber due to proceed on retirement leave on 20 July 1973.
But, on 11 May 1973, he sought permission to bring forward his pre-retirement leave and go early on 30 June 1973. The Commissioner refused.
By May 1973, the Commissioner was well aware that Godber was under investigation by the Police Anti-Corruption Office. With that in mind, the Commissioner refused Godber's request.
At the time of these events, Godber and his wife resided in government quarters at Flat 14, Block A Nos 8 Caldecott Road.
The Case Against Godber
In late April 1973, the Commissioner of Police (CP), Mr Charles Sutcliffe, received confidential information that Godber was remitting large sums of money abroad. The CP passed this information to the Director of the Anti-Corruption Office, Mr James Morrin. As a result, Superintendent Robert James Irvine conducted an initial investigation.
On 14 May, a case conference with the Attorney General's staff concluded that enough evidence existed for a "bank warrant" under the prevention of Bribery Ordinance. Thus, a circular went out to 487 licensed banks in Hong Kong, requiring them to provide Mr Irvine with details of any dealings with Godber or his wife.
Besides, to speed up matters, officers went to the larger banks to make personal inquiries. Evidence soon emerged that Godber was remitting large sums overseas. Thus, the CP decided on 22 May, as a precaution, to move Godber from his Kowloon post to Operations Wing Police HQ. The reason given was the Commissioner needed an experienced officer to have oversight of the Fight Crime Campaign.
By 25 May, it was evident that Godber had deposited and remitted overseas a sum of HK$650,000-. This sum is nearly equal to his total earnings since coming to Hong Kong in 1952. As more details came in from the banks, that figure rose to over HK$1 million.
And yet, Godber lived a frugal life. He did little entertaining, employed a part-time maid, and had few close friends. So the authorities couldn't argue that he maintained a standard of living above that commensurate with his earnings.
Nonetheless, the AG considered that Godber's control of so much money justified a notice to explain the cash flows.
Accordingly, on 4 June, the Acting AG, Mr Hobley, signed the legal notice under Section 10(2) of the Prevention of Bribery Ordinance, giving Godber seven days to reply. Godber had until 11 June 1973 to make representations.
At the same time, the AG issued search warrants for Godber's home and car.
Events of 4 June 1973
Mr Morrin served Godber the notice during a morning conference at Police HQ. Godber fainted while reading the notice. He was helped into a chair by Superintendent Henry of the Anti-Corruption Office, who attended the serving. Doctor Fred Ong, who worked in the Police HQ complex, attended and confirmed that Godber was fine.
Godber recovered within 20 minutes and was able to call his solicitors. They agreed to attend Godber's quarters as the premises underwent a search.
Godber's car, parked in the Police HQ carpark, was then searched by Mr Irvine. He found in the boot three sets of folders marked "Hong Kong Island", "Kowloon", and "New Territories". Each folder contained the addresses of vice-establishments.
The flat search found a file detailing Godber's financial dealings hidden in his wife's wardrobe.
By the evening of 4 June, the investigators had a comprehensive picture of Godber's financial dealings. The list of transactions well exceeding HK$1 million. Accordingly, at 2135 hours, on Mr Morrin's instructions, Godber was placed on the immigration watch list.
Mr Morrin gave explicit instructions that if Godber seeks to leave Hong Kong, he should be detained. The Immigration Department is then to call either Mr McNutt or Mr Irvine of the Anti-Corruption Office. Senior Immigration Officer Kuo confirmed that this would be done.
Inquiries Continue
The investigators spent the 5th and 6th June photostatting documents for Godber's solicitor Mr Gunston to help prepare a response to the notice. Mr Gunston received copies late on 6 June.
A detailed examination of the documents found many in Godber's handwriting. By 9 June, the investigators reckoned a total tally of HK$4,377,248.43 was under Godber's control. Godber's money was held in the Bank of Nova Scotia, ANZ Bank, Barclays Bank, Bank of America and branches of the Hongkong Bank in Hong Kong, California and Singapore.
Godber had six times his total net salary for the period 1952 to May 1973. Moreover, he had no history of gambling nor any activity that suggested how he acquired this sum through trading shares or inheritance. His only asset was a house in the UK.
Given the totality of the evidence, the case against Godber was looking strong. And yet, the investigators were precluded from arresting him. He had until 11 June to make representations to the Attorney General to explain the source of the money. This legal window provided the opportunity for Godber to flee.
The Godber's Disappear
On Saturday 9 June, the Godber's part-time maid arrived at their flat. But, she was unable to gain entry. The maid's relative worked in the flat above for a Mrs Gibbs. At 1315 hours, Mrs Gibbs called a Superintendent Williamson that Godber's maid had been unable to access the flat and that rumours were circulating that Mrs Godber had left Hong Kong.
Mr Williamson then called Mr Henry of the Anti-Corruption Office. When informed that the Godber's were missing, Messrs. Dawson, McNutt and Henry proceeded immediately to Kowloon HQ to coordinate checks at the airport. Meanwhile, a call to the Godber's home went unanswered.
At 1410 hours, Mr Dawson instructed that officers check all departing passengers from Kai Tak to find if the Godber's were amongst them.
Dawson, McNutt and Henry then proceeded to the flat in Caldecott Road. A resident of the complex, Mrs Gardiner, informed the officers she had seen Mrs Godber near the departure area of Kai Tai on Thursday 7 June.
Mrs Gardiner saw a friend off when she observed Mrs Godber go through to the Immigration Control between 1430 and 1500 hrs. A European lady kissed farewell to Mrs Godber. Mrs Gardiner stated she heard rumours that Mr Godber was in trouble. It was later established that a Mrs X accompanied Mrs Godber to the airport. Mr X is a Senior Superintendent of Police.
At around 1700 hours, officers located Godber's car on the rooftop carpark of Ocean Terminal. As a result, the vehicle was placed under surveillance.
On Sunday, 10 June, inquiries to locate Godber continued. Mr Gunston, the solicitor, claimed he was unaware of Godber's location, although they had agreed to meet on Friday, 8 June. When Godber didn't turn up, Gunston assumed his client was unavailable.
A decision was taken to search the car. Mr McNutt found a parking ticket indicating the vehicle was left there at 1127 hours on Friday, 8 June.
With many companies closed on Sunday, the investigation slowed because officers couldn't access records. On Monday, 11 June, investigators established that Mrs Godber departed Hong Kong by Air France flight AF193 on Thursday 7 June.
Further, Godber departed by Singapore Airlines flight SQ631 on Friday 8 June.
Mrs Godber acquired her flight ticket through Westminster Travel. At about 0945 hours on Thursday 7 June, a male called the company booking the ticket in first class. Mrs Godber later arrived at the company to pay in cash. The travel agent Mr Mooney reported that Mrs Godber looked "extremely nervous and pale".
Mr Mooney gave evidence that Mr Godber visited Westminster Travel on four occasions on the morning of Friday, 8 June. Godber indicated he wanted a first-class ticket for the earliest possible flight to Singapore. Godber also inquired about visa requirements and onward bookings. When Mr Mooney explained that he might experience difficulties entering Singapore without a return ticket, Godber opted for a return ticket.
Mr Mooney said Godber paid for the ticket in $500 notes observing that Godber carried a considerable sum of cash on him. Godber departed Westminster Travel at about 12.30 hours.
Godber was next seen at Kai Tak by a check-in agent at around 1345 hours as he collected his boarding pass S/Nos 507 for SQ631.
SQ631 was boarding at Gate 7 through an aero-bridge. An announcement for passengers to board came at 1410 hours. Miss Stella Tsang was responsible for boarding passengers and can't be sure that she saw Godber board. Yet, boarding pass S/Nos 507 was handed in. The flight started taxiing at 1433 hours and took off at 1438 hours.
Checks with the Immigration Department found no records of anyone named Godber departing Hong Kong that day. But, the Singapore authorities recorded Godber's arrival. He'd taken SQ631 and somehow managed to avoid Hong Kong immigration checks.
After midnight on 11/12 June, Mr X (a police friend of Godber's, whose wife accompanied Mrs Godber to the airport) contacted Mr Morrin. He said he'd received a cable from Godber in Rye, Sussex. It read, "Request you supervise all personal effects at my quarter. Letter following. Peter Godber".
The Role of the Mr and Mrs X
The Commission questioned both Mr and Mrs X, the Godber's neighbours in the government quarters and close friends.
On 6 June, the Mr and Mrs X visited the Godber's flat. During the evening, Godber condemned the Prevention of Bribery Ordinance as being "against natural justice". There was a discussion of Mrs Godber leaving Hong Kong to avoid her "being exposed to neighbours' contempt".
Mr and Mrs X noted that the Godber's were already packing their flats contents in preparation for retirement. Godber asked Mrs X if she could help supervise the shippers as he expected to be arrested.
On Thursday 7 June, Mrs Godber called at the X's flat at about 1330 hours. She handed Mrs Xs keys for her flat. The two women then departed for Kai Tak Airport by taxi.
That evening Godber called at the X's flat at about 2030 hours. Godber discussed his case with Mr X, voicing sorrow that his wife was forced to leave Hong Kong. He claimed he'd be moving into a hotel but made no mention of fleeing Hong Kong.
The Commission considers at length the role that the X's played and the dilemma that Mr X faced. When questioned by the Commission, the X's said they saw nothing suspicious in Mrs Godber's early departure from Hong Kong.
The Judge questioned what Mr and Mrs X knew about Godber's plans to flee. The Judge noted that Mr X was duty-bound to communicate any suspicions as a senior police officer. The Judge suggests that Mr X was placed in a most embarrassing situation, balancing his friendship with Godber against duty. Mr X told the Commission he assumed that Godber was under surveillance.
In the end, Justice Blair-Kerr is non-committal about what Mr X knew except to say he should have raised the alarm when Mrs Godber departed the Colony in a hurry at her husband's insistence.
The Role of the Solicitor
Mr Gunston, the solicitor, received a cable from Godber dispatched at 2100 hours on Saturday, 9 June from Heathrow Airport. The cable directed Mr Gunston to tender Godber's resignation from the Hong Kong Government.
This cable is vital evidence because the investigators contacted the solicitor on Sunday, 10 June, to learn Godber's whereabouts. Mr Gunston claimed to have no idea. He suggested that Godber was unwell or had left for the UK, hinting that departure to the UK was more probable.
It is unclear what time Mr Gunston received the cable and knew that Godber was gone.
How Did Godber Avoid Hong Kong Immigration?
In 1973 Kai Tak Airport was divided into various secure zones based on function. Many agencies were responsible for controlling access. For example, the Police controlled Area 3 - the ground floor custom hall, while Area 4 - Immigration and Port Health- was under the Immigration Department. The main boundary is between the landside and the airside.
Only departing passengers could move airside having cleared security and immigration checks. Officials and workers enjoyed various degrees of access to these restricted areas based on their job nature. A 'Red Permit' granted all areas access.
Justice Blair-Kerr noted that the control of the permits was somewhat lax. He specifically referenced Mr X having a 'Red Permit' despite holding a post at the Police Tactical Unit. Godber had a 'Red Permit' since assuming his role as Deputy District Commander Kowloon in December 1971.
And while rumours were rife that a police officer was under investigation by the Anti-Corruption Office, Godber's name had not been published. Moreover, the Prevention of Bribery Ordinance section 30 prevented any person from sharing the name of a suspect without lawful authority. Thus between 4 June and 11 June, no government department could divulge that Godber was under investigation.
Judge Blair-Kerr concluded this provision limited the scope of alertness by the authorities. No one was on the lookout for Godber except the Immigration Department. Moreover, none of the investigators realised the significance of the 'Red Permit.'
Armed with the permit, Godber had many possible access routes to the airside and his flight. The investigation concluded that Godber's quickest way to the airside and Gate 7 was through Security Gate 5. The Police cover this gate with a constable controlling vehicle and pedestrian access. With his 'Red Permit', Godber could walk through unobstructed.
The Commission Findings
The Commission report considers many issues at length. These include whether Godber should have faced immediate arrest, why he wasn't under surveillance, why his passport wasn't seized or surrendered, and the failure to recognise the significance of the Red Permits.
The matter of collusion gets a full hearing with the conclusion that in his escape Godber acted alone. The Commission heard evidence from Mrs Elliot which amounted to an address where an apparent accomplice of Godber’s lived. The location did not exist and Mrs Elliot’s ‘evidence’ was dismissed.
Members of both the AG chambers and the Anti-Corruption Office expressed extreme frustration to the Commission that they could not immediately arrest Godber. They concluded that section 10(2) of the Prevention of Bribery Ordinance inhibited any action until Godber's seven-day period to make representation expired. Mr Dawson of the Anti-Corruption Office stated, "Our hands were tied."
Although, plans were already in place to conduct the arrest on 11 June as the deadline for Section 10(2) expired.
Justice Blair-Kerr was critical of all concerned for failing to recognise that Godber would attempt to leave Hong Kong. He questioned the lack of surveillance.
Likewise, he slammed the lack of liaison between the Police and Civil Aviation departments on the permit issue.
His specific recommendations including repealing sections of the Prevention of Bribery Ordinance. In effect, this allowed immediate arrest. Also, he sought powers to have suspects surrender their travel documents. Finally, security at Kai Tak Airport was adjudged to need improvements.
Godber Comes Back to Hong Kong
Godber was arrested in the UK on 29 April 1974 and deported to Hong Kong on 7 January 1975. His trial began on 17 February, lasting six and a half days. He was convicted of corruption and sentenced to four years in prison. But that's another story.
The Prologue
Peter Fitzroy Godber is the arch-villain of Hong Kong's corruption story. Almost single-handed, he is the reason for the creation of the Independent Commission Against Corruption. Godber's sudden departure from Hong Kong in 1973, whilst under investigation for corruption offences, sparked allegations of a widespread cover-up. Students took the streets in protest while civic groups demanded answers.
Mrs Elsie Elliot (later Tu), a renowned anti-corruption campaigner, claimed to have evidence of collusion in Godber's escape. Her allegations and other claims attracted much press coverage.
A secret Commission of Inquiry, conducted by Supreme Court Judge Alastair Blair-Kerr, considered the following;
"Report on circumstances in which a person, whose prosecution under the Prevention of Bribery Ordinance was at an advanced stage of consideration, was able to leave Hong Kong."
In short, how did he get away? Was he helped?
Governor Murray Maclehose gave the Judge only three weeks to produce his findings. Such was the seriousness of the matter that the government needed quick answers. Moreover, that a senior British officer suspected of corruption could escape was profoundly embarrassing to the colonial authorities. Below I've provided a time-line to help understand the sequence for events.
Godber - His Story
Godber was born in London on 7 April 1922. Before joining the Hong Kong Police Force, he served for 4 1/2 years as a constable in the Hastings County Borough Police.
In August 1952, Godber arrived in Hong Kong on appointment as a probationary sub-inspector. By 1955 he was promoted to Assistant Superintendent and then onto Chief Superintendent in July 1969.
During the civil unrest of 1966 and 1967, Godber served with distinction, earning a reputation for his robust style that boosted officer confidence. On 1 December 1971, he was posted as Deputy District Commander Kowloon.
In January 1972, Godber applied to retire early, citing ill health. He claimed both he and his wife found the Hong Kong climate a strain. The application was approved with Godber due to proceed on retirement leave on 20 July 1973.
But, on 11 May 1973, he sought permission to bring forward his pre-retirement leave and go early on 30 June 1973. The Commissioner refused.
By May 1973, the Commissioner was well aware that Godber was under investigation by the Police Anti-Corruption Office. With that in mind, the Commissioner refused Godber's request.
At the time of these events, Godber and his wife resided in government quarters at Flat 14, Block A Nos 8 Caldecott Road.
The Case Against Godber
In late April 1973, the Commissioner of Police (CP), Mr Charles Sutcliffe, received confidential information that Godber was remitting large sums of money abroad. The CP passed this information to the Director of the Anti-Corruption Office, Mr James Morrin. As a result, Superintendent Robert James Irvine conducted an initial investigation.
On 14 May, a case conference with the Attorney General's staff concluded that enough evidence existed for a "bank warrant" under the prevention of Bribery Ordinance. Thus, a circular went out to 487 licensed banks in Hong Kong, requiring them to provide Mr Irvine with details of any dealings with Godber or his wife.
Besides, to speed up matters, officers went to the larger banks to make personal inquiries. Evidence soon emerged that Godber was remitting large sums overseas. Thus, the CP decided on 22 May, as a precaution, to move Godber from his Kowloon post to Operations Wing Police HQ. The reason given was the Commissioner needed an experienced officer to have oversight of the Fight Crime Campaign.
By 25 May, it was evident that Godber had deposited and remitted overseas a sum of HK$650,000-. This sum is nearly equal to his total earnings since coming to Hong Kong in 1952. As more details came in from the banks, that figure rose to over HK$1 million.
And yet, Godber lived a frugal life. He did little entertaining, employed a part-time maid, and had few close friends. So the authorities couldn't argue that he maintained a standard of living above that commensurate with his earnings.
Nonetheless, the AG considered that Godber's control of so much money justified a notice to explain the cash flows.
Accordingly, on 4 June, the Acting AG, Mr Hobley, signed the legal notice under Section 10(2) of the Prevention of Bribery Ordinance, giving Godber seven days to reply. Godber had until 11 June 1973 to make representations.
At the same time, the AG issued search warrants for Godber's home and car.
Events of 4 June 1973
Mr Morrin served Godber the notice during a morning conference at Police HQ. Godber fainted while reading the notice. He was helped into a chair by Superintendent Henry of the Anti-Corruption Office, who attended the serving. Doctor Fred Ong, who worked in the Police HQ complex, attended and confirmed that Godber was fine.
Godber recovered within 20 minutes and was able to call his solicitors. They agreed to attend Godber's quarters as the premises underwent a search.
Godber's car, parked in the Police HQ carpark, was then searched by Mr Irvine. He found in the boot three sets of folders marked "Hong Kong Island", "Kowloon", and "New Territories". Each folder contained the addresses of vice-establishments.
The flat search found a file detailing Godber's financial dealings hidden in his wife's wardrobe.
By the evening of 4 June, the investigators had a comprehensive picture of Godber's financial dealings. The list of transactions well exceeding HK$1 million. Accordingly, at 2135 hours, on Mr Morrin's instructions, Godber was placed on the immigration watch list.
Mr Morrin gave explicit instructions that if Godber seeks to leave Hong Kong, he should be detained. The Immigration Department is then to call either Mr McNutt or Mr Irvine of the Anti-Corruption Office. Senior Immigration Officer Kuo confirmed that this would be done.
Inquiries Continue
The investigators spent the 5th and 6th June photostatting documents for Godber's solicitor Mr Gunston to help prepare a response to the notice. Mr Gunston received copies late on 6 June.
A detailed examination of the documents found many in Godber's handwriting. By 9 June, the investigators reckoned a total tally of HK$4,377,248.43 was under Godber's control. Godber's money was held in the Bank of Nova Scotia, ANZ Bank, Barclays Bank, Bank of America and branches of the Hongkong Bank in Hong Kong, California and Singapore.
Godber had six times his total net salary for the period 1952 to May 1973. Moreover, he had no history of gambling nor any activity that suggested how he acquired this sum through trading shares or inheritance. His only asset was a house in the UK.
Given the totality of the evidence, the case against Godber was looking strong. And yet, the investigators were precluded from arresting him. He had until 11 June to make representations to the Attorney General to explain the source of the money. This legal window provided the opportunity for Godber to flee.
The Godber's Disappear
On Saturday 9 June, the Godber's part-time maid arrived at their flat. But, she was unable to gain entry. The maid's relative worked in the flat above for a Mrs Gibbs. At 1315 hours, Mrs Gibbs called a Superintendent Williamson that Godber's maid had been unable to access the flat and that rumours were circulating that Mrs Godber had left Hong Kong.
Mr Williamson then called Mr Henry of the Anti-Corruption Office. When informed that the Godber's were missing, Messrs. Dawson, McNutt and Henry proceeded immediately to Kowloon HQ to coordinate checks at the airport. Meanwhile, a call to the Godber's home went unanswered.
At 1410 hours, Mr Dawson instructed that officers check all departing passengers from Kai Tak to find if the Godber's were amongst them.
Dawson, McNutt and Henry then proceeded to the flat in Caldecott Road. A resident of the complex, Mrs Gardiner, informed the officers she had seen Mrs Godber near the departure area of Kai Tai on Thursday 7 June.
Mrs Gardiner saw a friend off when she observed Mrs Godber go through to the Immigration Control between 1430 and 1500 hrs. A European lady kissed farewell to Mrs Godber. Mrs Gardiner stated she heard rumours that Mr Godber was in trouble. It was later established that a Mrs X accompanied Mrs Godber to the airport. Mr X is a Senior Superintendent of Police.
At around 1700 hours, officers located Godber's car on the rooftop carpark of Ocean Terminal. As a result, the vehicle was placed under surveillance.
On Sunday, 10 June, inquiries to locate Godber continued. Mr Gunston, the solicitor, claimed he was unaware of Godber's location, although they had agreed to meet on Friday, 8 June. When Godber didn't turn up, Gunston assumed his client was unavailable.
A decision was taken to search the car. Mr McNutt found a parking ticket indicating the vehicle was left there at 1127 hours on Friday, 8 June.
With many companies closed on Sunday, the investigation slowed because officers couldn't access records. On Monday, 11 June, investigators established that Mrs Godber departed Hong Kong by Air France flight AF193 on Thursday 7 June.
Further, Godber departed by Singapore Airlines flight SQ631 on Friday 8 June.
Mrs Godber acquired her flight ticket through Westminster Travel. At about 0945 hours on Thursday 7 June, a male called the company booking the ticket in first class. Mrs Godber later arrived at the company to pay in cash. The travel agent Mr Mooney reported that Mrs Godber looked "extremely nervous and pale".
Mr Mooney gave evidence that Mr Godber visited Westminster Travel on four occasions on the morning of Friday, 8 June. Godber indicated he wanted a first-class ticket for the earliest possible flight to Singapore. Godber also inquired about visa requirements and onward bookings. When Mr Mooney explained that he might experience difficulties entering Singapore without a return ticket, Godber opted for a return ticket.
Mr Mooney said Godber paid for the ticket in $500 notes observing that Godber carried a considerable sum of cash on him. Godber departed Westminster Travel at about 12.30 hours.
Godber was next seen at Kai Tak by a check-in agent at around 1345 hours as he collected his boarding pass S/Nos 507 for SQ631.
SQ631 was boarding at Gate 7 through an aero-bridge. An announcement for passengers to board came at 1410 hours. Miss Stella Tsang was responsible for boarding passengers and can't be sure that she saw Godber board. Yet, boarding pass S/Nos 507 was handed in. The flight started taxiing at 1433 hours and took off at 1438 hours.
Checks with the Immigration Department found no records of anyone named Godber departing Hong Kong that day. But, the Singapore authorities recorded Godber's arrival. He'd taken SQ631 and somehow managed to avoid Hong Kong immigration checks.
After midnight on 11/12 June, Mr X (a police friend of Godber's, whose wife accompanied Mrs Godber to the airport) contacted Mr Morrin. He said he'd received a cable from Godber in Rye, Sussex. It read, "Request you supervise all personal effects at my quarter. Letter following. Peter Godber".
The Role of the Mr and Mrs X
The Commission questioned both Mr and Mrs X, the Godber's neighbours in the government quarters and close friends.
On 6 June, the Mr and Mrs X visited the Godber's flat. During the evening, Godber condemned the Prevention of Bribery Ordinance as being "against natural justice". There was a discussion of Mrs Godber leaving Hong Kong to avoid her "being exposed to neighbours' contempt".
Mr and Mrs X noted that the Godber's were already packing their flats contents in preparation for retirement. Godber asked Mrs X if she could help supervise the shippers as he expected to be arrested.
On Thursday 7 June, Mrs Godber called at the X's flat at about 1330 hours. She handed Mrs Xs keys for her flat. The two women then departed for Kai Tak Airport by taxi.
That evening Godber called at the X's flat at about 2030 hours. Godber discussed his case with Mr X, voicing sorrow that his wife was forced to leave Hong Kong. He claimed he'd be moving into a hotel but made no mention of fleeing Hong Kong.
The Commission considers at length the role that the X's played and the dilemma that Mr X faced. When questioned by the Commission, the X's said they saw nothing suspicious in Mrs Godber's early departure from Hong Kong.
The Judge questioned what Mr and Mrs X knew about Godber's plans to flee. The Judge noted that Mr X was duty-bound to communicate any suspicions as a senior police officer. The Judge suggests that Mr X was placed in a most embarrassing situation, balancing his friendship with Godber against duty. Mr X told the Commission he assumed that Godber was under surveillance.
In the end, Justice Blair-Kerr is non-committal about what Mr X knew except to say he should have raised the alarm when Mrs Godber departed the Colony in a hurry at her husband's insistence.
The Role of the Solicitor
Mr Gunston, the solicitor, received a cable from Godber dispatched at 2100 hours on Saturday, 9 June from Heathrow Airport. The cable directed Mr Gunston to tender Godber's resignation from the Hong Kong Government.
This cable is vital evidence because the investigators contacted the solicitor on Sunday, 10 June, to learn Godber's whereabouts. Mr Gunston claimed to have no idea. He suggested that Godber was unwell or had left for the UK, hinting that departure to the UK was more probable.
It is unclear what time Mr Gunston received the cable and knew that Godber was gone.
How Did Godber Avoid Hong Kong Immigration?
In 1973 Kai Tak Airport was divided into various secure zones based on function. Many agencies were responsible for controlling access. For example, the Police controlled Area 3 - the ground floor custom hall, while Area 4 - Immigration and Port Health- was under the Immigration Department. The main boundary is between the landside and the airside.
Only departing passengers could move airside having cleared security and immigration checks. Officials and workers enjoyed various degrees of access to these restricted areas based on their job nature. A 'Red Permit' granted all areas access.
Justice Blair-Kerr noted that the control of the permits was somewhat lax. He specifically referenced Mr X having a 'Red Permit' despite holding a post at the Police Tactical Unit. Godber had a 'Red Permit' since assuming his role as Deputy District Commander Kowloon in December 1971.
And while rumours were rife that a police officer was under investigation by the Anti-Corruption Office, Godber's name had not been published. Moreover, the Prevention of Bribery Ordinance section 30 prevented any person from sharing the name of a suspect without lawful authority. Thus between 4 June and 11 June, no government department could divulge that Godber was under investigation.
Judge Blair-Kerr concluded this provision limited the scope of alertness by the authorities. No one was on the lookout for Godber except the Immigration Department. Moreover, none of the investigators realised the significance of the 'Red Permit.'
Armed with the permit, Godber had many possible access routes to the airside and his flight. The investigation concluded that Godber's quickest way to the airside and Gate 7 was through Security Gate 5. The Police cover this gate with a constable controlling vehicle and pedestrian access. With his 'Red Permit', Godber could walk through unobstructed.
The Commission Findings
The Commission report considers many issues at length. These include whether Godber should have faced immediate arrest, why he wasn't under surveillance, why his passport wasn't seized or surrendered, and the failure to recognise the significance of the Red Permits.
The matter of collusion gets a full hearing with the conclusion that in his escape Godber acted alone. The Commission heard evidence from Mrs Elliot which amounted to an address where an apparent accomplice of Godber’s lived. The location did not exist and Mrs Elliot’s ‘evidence’ was dismissed.
Members of both the AG chambers and the Anti-Corruption Office expressed extreme frustration to the Commission that they could not immediately arrest Godber. They concluded that section 10(2) of the Prevention of Bribery Ordinance inhibited any action until Godber's seven-day period to make representation expired. Mr Dawson of the Anti-Corruption Office stated, "Our hands were tied."
Although, plans were already in place to conduct the arrest on 11 June as the deadline for Section 10(2) expired.
Justice Blair-Kerr was critical of all concerned for failing to recognise that Godber would attempt to leave Hong Kong. He questioned the lack of surveillance.
Likewise, he slammed the lack of liaison between the Police and Civil Aviation departments on the permit issue.
His specific recommendations including repealing sections of the Prevention of Bribery Ordinance. In effect, this allowed immediate arrest. Also, he sought powers to have suspects surrender their travel documents. Finally, security at Kai Tak Airport was adjudged to need improvements.
Godber Comes Back to Hong Kong
Godber was arrested in the UK on 29 April 1974 and deported to Hong Kong on 7 January 1975. His trial began on 17 February, lasting six and a half days. He was convicted of corruption and sentenced to four years in prison. But that's another story.
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