Chapter 4
Anti-narcotics Laws in Hong Kong
Hong Kong's laws relating to dangerous drugs are kept under constant review by the Government, with the advice and assistance of the Action Committee Against Narcotics, to ensure that they always apply to the ever-changing situa- tion of the narcotics problem and can be effectively enforced.
2 Towards the end of 1976, final steps were being taken to include amphet- amines and methaqualone in the range of drugs controlled under the Dangerous Drugs Ordinance. This amendment in fact was passed into law in early 1977, and these substances, previously controlled only under the Pharmacy and Poisons Ordinance, which provided a maximum penalty of 12 months imprisonment and a $10,000 fine, are now subject to the same stringent provisions and penalties as heroin and opium. (See paragraphs 4 and 5 of Chapter 3.)
3 A further amendment to the Dangerous Drugs Ordinance is also being considered to empower the law enforcement agencies to seize the travel docu- ments of suspects being investigated for serious drug offences. If enacted, it will assist in preventing drug suspects from fleeing Hong Kong whilst under investigation.
The Dangerous Drugs Ordinance
4 The Dangerous Drugs Ordinance (Chapter 134 of the Laws of Hong Kong) is the most important ordinance dealing with narcotic offences in Hong Kong. It covers a wide range of dangerous drugs, including opium and its derivatives, barbitone, cocaine, codeine and cannabis. Some of the more important pro- visions contained in the ordinance are-
(a) Offences with a maximum penalty of life imprisonment and a fine of $5
millions on conviction on indictment-
(i) Trafficking (including importing, exporting, procuring, supplying or otherwise dealing in) in dangerous drugs. (On summary conviction, a maximum of three years imprisonment and a fine of $500,000) (ii) Possession of dangerous drugs for the purpose of unlawful traffick- ing. (On summary conviction, a maximum of three years imprison- ment and a fine of $500,000)
(iii) Manufacturing dangerous drugs.
(b) Offences with a maximum penalty of 15 years imprisonment and a fine of $5 millions on conviction on indictment and three years imprisonment and a fine of $500,000 on summary conviction—
(i) Opening, keeping, managing or assisting in the management of a
divan.
(ii) Being an owner, tenant, occupier or person in charge of any place or premises, permitting such place to be used as a divan, for traffick- ing or manufacturing or storage of dangerous drugs.
(iii) Letting or agreeing to let, whether as principal or agent, knowing
that the place or premises is to be used as in (ii).
(c) Offences with a maximum penalty of 15 years imprisonment and a fine of
$100,000 on conviction on indictment—
(i) Cultivating cannabis or opium poppy.
Supply, procure or offer to supply or procure or in any way deal in or with or offer or purport to do so or import or export or do any act preparatory to or for the purpose of importing or exporting cannabis plant or opium poppy.
(d) Offences with a maximum penalty of three years imprisonment and a fine
of $10,000 on conviction on indictment or on summary conviction——
(i) Possessing a dangerous drug otherwise than for trafficking. (ii) Smoking, inhaling, ingesting or injecting a dangerous drug. (iii) Possessing pipes, equipment or apparatus fit and intended for use as
in (ii).
Corporal Punishment (Amendment) Ordinance 1974
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In addition to the penalty stipulated in the Dangerous Drugs Ordinance, a male drug offender may also be subject to corporal punishment. Under the Corporal Punishment (Amendment) Ordinance 1974 (Chapter 222 of the Laws of Hong Kong), any male person who is convicted of any offence under the following sections of the Dangerous Drugs Ordinance may be sentenced to be caned in addition to or in lieu of any other punishment for that offence—
(a) unlawful trafficking in dangerous drugs (section 4);
(b) unlawful supply or procurement of dangerous drugs (section 5);
(c) manufacture of dangerous drugs (section 6);
(d) possession of dangerous drugs for unlawful trafficking (section 7); (e) keeping a dangerous drugs divan (section 35);
(f) allowing one's own premises to be used for the purpose of unlawful
trafficking in, manufacturing or storing dangerous drugs (section 37);
(g) consumption of a dangerous drug (section 8) or possession of equipment for the consumption of a dangerous drug (section 36) whilst in the custody of the Commissioner of Prisons.
Acetylating Substances (Control) Ordinance 1975
6 This ordinance, which was enacted in 1975, aims at tightening the control of acetylating substances, in particular acetic anhyride which is essential for the conversion of morphine to heroin.
7 Prior to 1975, the law only prohibited the import of acetic anhydride without a licence. Under the present, amended ordinance the manufacture or possession of acetylating substances without a licence is also an offence. It stipulates that persons in contravention of the provisions relating to the import, export, supply, manufacture, possession of and dealing in acetylating substances are liable on conviction on indictment to a penalty of 15 years imprisonment and a fine of $1 million, and on summary conviction to imprisonment for three years and a fine of $500,000.
Legislation on treatment and rehabilitation
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There are two ordinances governing the conventional type of residential treatment and rehabilitation of drug addicts in Hong Kong. The Drug Addiction Treatment Centres Ordinance (Chapter 244 of the Laws of Hong Kong) deals with the compulsory and custodial treatment of addicts found guilty of criminal
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