HONG KONG LEGISLATIVE COUNCIL
一九八九年七月十二日
香港立法局
12 July 1989
60
The ad hoc group has given careful consideration to and expressed reservation on the original provision in this clause about the Court having to delay passing sentence on a person until the completion of the confiscation investigations. After discussion with the Administration, it was agreed that to provide flexibility, the clause should be amended to allow sentencing for specific drug trafficking offence to be imposed and any other order to be made by the Court before the completion of confiscation procedures.
Sir, with these remarks, I beg to move.
Proposed amendment
Clause 3
That clause 3 be amended
(a) in subclause (1) (a) -
(i) by deleting "a person appears before the High Court or the District Court" and substituting "in proceedings before the High Court or the District Court a person is";
(ii) by deleting "or otherwise dealt with"; and
(b) by adding after subclause (1) —
"(1A) The court shall first
(a) impose such period of imprisonment or detention (if any);
(b) make such other order in relation to sentence, not being an order provided for or referred to in subsection (5), as is appropriate in respect of the offence, or as the case may be, the offences concerned.";
(c) in subclause (2) by deleting "first" and substituting "then";
(d) in subclause (4) by deleting ", before sentencing or otherwise
dealing with him in respect of the offence, or, as the case may be, any of the offences concerned,";