GF 323
CONFIDENTIAL
4
機密
bank to argue that it did not suspect or know that the person was a drug trafficker. Mr LEE said that he feared that the term "suspect" might embrace false or malicious suspicions: he suggested that "reasonable belief" might be a better form of wording. Mr Findlay said that it would be most unlikely for a bank to entertain false or malicious suspicions of a client, whose custom it would wish to preserve.
11.
Mr CHUNG said that even with the protection for banks in section 24(3)(a) of the UK Act there might still be cases where a civil claim could be made against a bank for the losses incurred on a transaction held up by the bank that subsequently fell through. Mr Findlay said that the bank was not obliged to hold up the transaction; it was only obliged to report its suspicion.
Mr LEE said that cases might be envisaged in which a bank reported its suspicion and was told or advised by the authorities to hold up the transaction. Mr Findlay said that the bank need not follow such an instruction. Mr LEE said, however, that a bank would be likely to do so. Mr WONG said that careful thought should be given to the drafting of these provisions to take account of Members' concern and to take account of arrangements for compensation for a person whose transaction was delayed because of a bank's suspicion but whose money turned out subsequently to be legitimate.
12.
Mr LEE referred to paragraph 13 and said that the estimated $9.16 million required for the investigatory teams appeared to be a very large sum. Mr Mortimer said that the estimate was based on 1985 figures and assumed that out of a total of 65 major drugs cases that year between 10 and 17 would be investigated by the teams. Mr Findlay said that it was possible for the whole expense of the teams to be recovered from a single confiscation order. Mr LEE suggested that since the teams would be permanent it was possible that they would feel that they had to investigate even hopeless cases if no major cases arose. Members generally expressed concern about the amount of money likely to be required for the teams.
13.
In reply to Members' queries Mr Mortimer confirmed that it was no longer the intention to give powers to the Commissioner of Customs and Excise to order searches without a court warrant similar to the powers given to the Commissioner of the ICAC. Dr CHIU said that in his view such powers should be given to the 2 Commissioners because they would serve as a deterrent to potential drug traffickers. Mr LEE disagreed, and said that it was important not to confuse the purpose of the powers under the Prevention of Bribery Ordinance with the intentions behind the powers proposed for the Crown in the investigation of the assets of a drug trafficker. The powers were necessary for the ICAC to enable it to trace wealth in order to establish that an offence had been committed. The Police already had powers to search for drugs in the investigation of a drug-related offence, but the powers of search originally proposed for the confiscation order scheme. were intended to be used after a person had been convicted of
CONFIDENTIAL
機密