For decision
on 8 January 1991
CONFIDENTIAL
HKC385/1
XCC (91) 8 Copy No...
MEMORANDUM FOR EXECUTIVE COUNCIL
34.
Ms / Major
Drug Trafficking (Recovery of Proceeds) Ordinance
(Chapter 405)
DRUG TRAFFICKING (RECOVERY OF PROCEEDS) (DESIGNATED COUNTRIES AND TERRITORIES) ORDER 1991
pw
211
THE PROBLEM
PM 10/1.
The Drug Trafficking (Recovery of Proceeds) Ordinance (Chapter 405), enacted on 12 July 1989, has strengthened our ability to combat domestic and international drug trafficking by providing for the tracing, restraining and confiscation of the proceeds of drug trafficking. It also provides for the designation of countries and territories outside Hong Kong to enable their confiscation and related orders to be enforced here, and allows assistance to be provided in relation to their drug trafficking investigations.
То ensure reciprocal treatment, Hong Kong has So far negotiated arrangements with Canada, the USA, the UK and Australia.
2
the
These arrangements will come into effect when parties to them have notified each other that their respective requirements for entry into force have been met. In Hong Kong's case, the requirement is for the overseas jurisdictions to be designated under the Drug Trafficking (Recovery of Proceeds) Ordinance.
RECOMMENDATION AND ADVICE SOUGHT
3
(Recovery of
It is recommended that under section 28 of the Drug Trafficking
Proceeds) Ordinance, the Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) Order 1991 at Annex A, should be made, subject to the approval of the Legislative Council by resolution.
4
Members will be asked to advise whether this
recommendation should be approved.
CONFIDENTIAL