Appendix
Hong Kong Government's Comments on the Draft UN Convention on Illicit Drug Trafficking
Article Number
49
3
1 (e)
2.3
6
3.2 aud 3(b) (ii)
3(a)
4
4.6
4.8
The definition of 'controlled substances' will in effect bring cannabis seed under international control. However, cannabis seed has long been used as bird seed and also as a Chinese medicine (for treating constipation) called Foh Ma Yan in Hong Kong. Foh Ma Yan was never known to be a drug of abuse in itself and there has been no report on the illicit cultivation of cannabis from Foh Ma Yan. There will be considerable enforce- ment difficulty if cannabis seed is to be controlled in Hong Kong. Detailed arguments to free cannabis
seed from control can be found in the Annexure.
Although we support the spirit of this article, it is however a matter which should be left entirely to the Judiciary to consider. We would prefer it deleted.
I would be difficult to put this article into operation. Would it mean that witnesses would have to appear in the territory where the offender is to be prosecuted? Which jurisdiction will meet the costs of transporting and accommodating witnesses? Further thought is needed.
This is a complicated issue. The Executive Council will consider the matter shortly and we will comment further then.
There should be a saving for persons genuinely ignorant of the nature of the drug money they launder who subsequently discover its nature and take prompt action to notify the authority.
Hong Kong may have more drastic proposals of its own. We therefore suggest the Convention should impose a minimum but not a maximum standard.
There should be discretion for individual parties to select their treaty partners. Extradition procedures should have regard to the Parties constitut- ional, legal and administrative systems.
There should be discretion for a party state not to prosecute where it has refused an extradition request. If the view was taken, for example, that there was insufficient evidence to extradite, that would also justify a decision not to prosecute. The way the matter is put in the first two lines of Article 4.7 might be preferable.
Some evidence of identification, e.g. a photograph of the suspect should be provided if possible.
/6.1(a)