C.S. 166
CONFIDENTIAL
HKK
385/2
機密
8
الله
For discussion
on 16th May 1978
RECEIVED IN REG.STAY NO. 51
- 9 MAY 1978
DESK 0: INDEX
PA
#Action Taon
XCC (78)39.
Copy No.34 of 80
MEMORANDUM FOR EXECUTIVE COUNCIL
DANGEROUS DRUGS (AMENDMENT) BILL 1978
Annexed for Honourable Members' consideration is a bill to amend the Dangerous Drugs Ordinance (Chapter 134). Its main purpose is to provide a new definition of cannabis and to increase the maximum penalties for unlawfully moving dangerous drugs through Hong Kong. The opportunity is also taken to make a technical amendment to the Ordinance to authorise the Government Chemist to be in possession of opium, coca leaves, poppy straw and cannabis in addition to other dangerous drugs.
Objectives
Definition of Cannabis
2
The present definition of cannabis originated at a time when it was thought that only the fruits, flowers or seeds of the plant contained the hallucinogenic principle tetrahydrocannabinol although it has now been established that the substance is naturally present in the entire plant. In addition, tetrahydrocannabinol (and similar substances) can now be synthesised. Although in Hong Kong there is as yet no widespread abuse of cannabis except among a small number of expatriates and bar girls, timely control is necessary to contain the situation. The bill is therefore introduced to replace the definition of cannabis by a new definition which is with reference to the entire plant, any part of which may contain tetrahydrocannabinol. The bill also makes the necessary consequential adjustments to the list of dangerous drugs specified in the First Schedule to the Ordinance to cover synthetic substances.
Dangerous Drugs in transit
3
Under existing provisions, drug couriers moving dangerous drugs unlawfully through Hong Kong can only be prosecuted under section 14(1) of the Ordinance which prescribes a maximum penalty of 3 years' imprisonment and a fine of $10,000. Although the drugs are not for local consumption, the offence is similar to trafficking which is punishable by a fine of $5 million and life imprisonment on indictment, and a fine of $500, 000 and 3 years' imprisonment on summary conviction. The penalty is therefore considered inadequate
CONFIDENTIAL
機密