of having investigatory teams will depend largely upon the powers and resources that they are given. The powers would relate to the investigation of assets in Hong Kong. The extent to which it would be possible for the teams to investigate assets overseas would depend largely upon the co-operation of overseas authorities within the limits of their own laws and the laws of Hong Kong. Even if international co-operation is forthcoming, the costs and legal complexities involved in making overseas enquiries would be significant. Assuming that resources would not be available exhaustively to trace the assets of convicted drug traffickers, it is envisaged that only a small fraction of the major cases would be covered at the initial stage.
34
Special powers of investigation similar to those vested in the ICAC would be needed to trace the assets of drug traffickers in Hong Kong. It is proposed that where it appears to the Commissioner of Police or the Commissioner of Customs & Excise that a serious drug trafficking offence has been committed, he should be empowered to authorize in writing an investigation officer to exercise powers of search without warrant and to obtain such information as the Commissioner might require. Similar powers are vested in the Commissioner, ICAC under the Prevention of Bribery Ordinance (Chapter 201).
35
The Commissioner of Police and the Commissioner of Customs & Excise would be empowered at the investigation stage to request the suspected drug trafficker to submit a statutory declaration of the assets he currently holds and those he has transferred within the six years preceding this request.
36
As provided for in the Prevention of Bribery Ordinance (Chapter 201) the tracing of assets would begin at the investigation stage and the Commissioner of Police and the Commissioner of Customs & Excise would be empowered to issue a written notice to a suspected person placing restrictions on the disposal of or dealing in any property specified in the notice without the Commissioner's consent.
37
Discretionary powers
would
be given to the Commissioner of Police and the Commissioner of Customs & Excise to select those cases in which assets should be exhaustively traced. In this way
the number of cases to be investigated would be reduced and available resources
concentrated on the more serious cases.
Award of costs of investigations
38
It is proposed that the court should be given power award costs of investigations provided the offender has sufficient assets to pay the costs.
to