The law relating to the manufacture of dangerous drugs
The manufacture of dangerous drugs is an offence under Section 6 of Hong Kong's Dangerous Drugs Ordinance: Section 6:
"(1) Save under and in accordance with this Ordinance or under and in accordance with a licence granted by the Director there- under and on premises specified in such licence, no person shall— (a) manufacture a dangerous
drug,
(b) do or offer to do an act pre- paratory to or for the pur- pose of manufacturing a dangerous drug.
(2) Any person who contravenes
subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine of five million dollars and to imprisonment for life.”
'Manufacture' is defined in the Ordin- ance as being “. . . in relation to a dangerous drug, includes carrying on any process in the manufacture of the dangerous drug".
Section 45 of the Ordinance states,
"Where it is proved that a person was found in, or escaping from, any premises, or the part of any pre- mises, in which-
(a) a dangerous drug was being
manufactured; or
(b) equipment or material which is
referable to the manufacture of a dangerous drug was found, such person shall, until the contrary is proved, be presumed to have been manufacturing or doing an act preparatory to the manufacture of the dangerous drug."
Contact evidence is of great import- ance in connecting persons found at the scene of a heroin factory with the actual manufacturing process. Police are given special powers under Section 54 to obtain such evidence.
Section 54 of the Ordinance states, "(1) Any Police officer not below the rank of inspector may require any person whom he reasonably suspects to be guilty of an offence under this Ordinance- (a) to have his fingernails pared
and his hands washed in water for the purpose of analysis of such finger nails
and water; or,
(b) to give a specimen of his handwriting for the purpose of comparison. (2) Any person who fails to comply with the requirement under sub- section (1) shall be guilty of an offence and shall be liable on conviction to a fine of one thou- sand dollars.
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