A116
Ord. No. 24/87
DANGEROUS DRUGS (AMENDMENT)
HONG KONG
DANGEROUS DRUGS (AMENDMENT)
Ord. No. 24/87
A117
L.S.
No. 24 of 1987
I assent.
David WILSON, Governor.
21 May 1987
An Ordinance to amend the Dangerous Drugs Ordinance.
[22 May 1987]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
Short title.
This Ordinance may be cited as the Dangerous Drugs (Amend- ment) Ordinance 1987.
Amendment of
2.
Section 46 of the principal Ordinance is amended—
section 46.
(Cap. 134.)
(j) 0.2 gramme of—
(i) alpha-methylphenethylamine;
(ii) its optical isomers;
(iii) any synthetic compound structurally derived from any of those substances by substitution at the nitrogen atom;
(iv) any salt of any substance falling within this paragraph; or
(v) any preparation, mixture, extract or other sub- stance containing any proportion of a substance specified in this paragraph;
(k) two and one half grammes of methaqualone or its derivatives, or of a preparation, mixture, extract or other material containing any proportion of methaqualone or its derivatives;
(1) two grammes of quinalbarbitone or a salt of quinal- barbitone or of a preparation, mixture, extract or other material containing any proportion of quinalbarbitone or a salt of quinalbarbitone,".
section 48.
3. Section 48 of the principal Ordinance is amended by deleting Amendment of subsection (2) and substituting the following—
"(2) Any person found in or escaping from a divan shall, until the contrary is proved, be presumed—–
(a) to have been smoking, inhaling, ingesting or injecting a
dangerous drug therein; and
(b) to have known the nature of such drug.”.
4.
Section 54A of the principal Ordinance is amended-
Amendment of section 54A.
(a) in paragraph (ƒ)-~
(i) by inserting after "or", in the second place where it occurs, the following---
"of";
(ii) by inserting after "barbitone", in the third place where it occurs, the following--
"or a salt of barbitone";
(b) by deleting the comma at the end of paragraph (h) and substitut-
ing a semicolon; and
(c) by inserting after paragraph (h) the following-
“(i) 5 grammes of cocaine or a salt of cocaine or of a preparation, mixture, extract or other material contain- ing any proportion of cocaine or a salt of cocaine;
(a) in subsection (1)-—
(i) by deleting "No" and substituting the following-
"Subject to subsection (1A), no”;
(ii) by deleting all that occurs after "(as defined in the Drug Addiction Treatment Centres Ordinance)” and substituting a full stop;
(b) by inserting, after subsection (1), the following-
"(IA) Subsection (1) shall not apply where a person is convicted of an offence against section 8 or 36 or of offences against both those sections and that person-
(a) is convicted in the same proceedings of any other offence and is sentenced for that other offence to imprisonment for more than 9 months; or
(b) is at the time of conviction serving a term of
imprisonment of more than 9 months,
but, in such a case, the court may if it thinks fit consider a report specified in subsection (1) before sentencing that person for the offence against section 8 or 36.