It is estimated that the staff cost of the teams would amount to $5.13 million for the Police and $4.03 million for the
the Customs giving a total of
of $9.16 million per annum. Additional costs arising out of the provision of court services, extra legal aid, the costs of receivers appointed to manage restrained assets or to realise property after conviction, the costs of contracting out complicated accountancy investigations and the possibility of some limited expenditure on compensation would depend upon the number and complexity of the cases.
The number of cases to be investigated during the initial period will need to be pitched at a realistic level and only the most serious cases involving substantial quantities of drugs would be covered. If the record of 1985 is anything to go by, it is estimated that of about 65 major drug cases, only between 10 and 17
17 cases per annum could be investigated within the estimated provision of $9.16 million. More cases could be investigated if enquiries were thorough but less than exhaustive, depending on extent to which offenders had readily identifiable assets.
the
CONSULTATION
40
the
The Action Committee Against Narcotics (ACAN), ICAC, the Secretary for Monetary Affairs, the Police and the Customs & Excise Department have been consulted. ACAN supported the principle of attacking traffickers' assets. It is the view of the Secretary for Security, the Commissioner of Police and the Commissioner of Customs & Excise that even with
the provision of adequate resources, serious practical
were
difficulties would be encountered in exhaustively tracing available property
for the purpose
purpose of making a confiscation order. They feel that cash movements especially would be extremely difficult, and sometimes impossible, to trace. Their reservation is shared by the Commissioner of ICAC who is doubtful about the efficacy of the confiscation order option if all the major drug trafficking cases
to be investigated. The Commissioner of ICAC also warns about the possibility of traffickers disguising true ownership of assets and thereby further complicating any subsequent tracing exercise. In brief, the Secretary for Security, the Commissioner of Police, the Commissioner of Customs & Excise and the Commissioner of ICAC all favour the automatic indebtedness option as described in paragraphs 6
to 17. They satisfied that there are sufficient safeguards to protect the impecunious from what otherwise are justly draconian meatures They are of the opinion that the mechanics of recover ing assets under the automatic Indebtedness system are legaliy simpler and will require fewer resources.
The
Sec
att.
1
!
k
y for Monetary Affairs supports both proposals to the assets of drug traffickers On the understanding there will be a provision to protect authorised financial i itations by exempting them from breach of contract.
that
CONFIDENTIAL