CONFIDENTIAL

FM HONG KONG

TO DESKBY 2009OOZ F C O

TELNO 169

OF 200745Z JANUARY 92

CONFIDENTIAL

HICC 241/1

AND TO DESKBY 20090OZ BONN

TOP COPY

Q DIST?

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

014425

MDHIAN 9802

134.

BONN PLEASE PASS TO GOVERNOR HONG KONG (VISITING)

YOUR TELNO 70: LEGISLATIVE AMENDMENTS CONSEQUENT TO COURT DECISIONS ON BOR RELATED CASES

1.

THE PROPOSED AMENDMENTS TO THE DANGEROUS DRUGS ORDINANCE CAN BE GROUPED UNDER THREE CATEGORIES ·

(A)

(B)

-

PROVISIONS RULED BY THE COURT OF APPEAL TO BE INCONSISTENT WITH THE BILL OF RIGHTS ORDINANCE, WHICH WILL BE DELETED OR RE-INTRODUCED WITH AMENDMENTS:

PROVISIONS WHICH WE THINK MAY BE SUBJECT TO BOR CHALLENGES, WHICH WILL ALSO BE AMENDED OR DELETED:

AND

(C)

OTHER AMENDMENTS IN RESPONSE TO COURT REMARKS UNRELATED TO THE BOR ORDINANCE.

2.

THE DANGEROUS DRUGS (AMENDMENT) BILL SEEKS TO ·

(A)

OF POSSESSION OF DANGEROUS DRUGS FOR THE PURPOSES OF UNLAWFUL TRAFFICKING:

spered to AMEND SECTION 4(1)(C) IN ORDER TO INCLUDE THE OFFENCE ag

a

(B)

REPEAL SECTION 7, WHICH PROVIDES FOR AN OFFENCE OF

from flok

(C)

(D)

POSSESSION OF DANGEROUS DRUGS FOR THE PURPOSES OF straps then 8

UNLAWFUL TRAFFICKING:

AMEND SECTION 8(2), TO INCREASE THE MAXIMUM PENALTIES FOR POSSESSION OFFENCES ON INDICTMENT TO 7 YEAR'S IMPRISON- MENT AND A FINE OF DOLLARS 1 MILLION:

REPEAL ALL OF SECTION 45 AND SUBSTITUTE A NEW SECTION IN WHICH THERE ARE NO PRESUMPTIONS CONCERNING MANUFACTURING, BUT THERE REMAINS A PRESUMPTION OF KNOWLEDGE:

1

PAGE CONFIDENTIAL

strange

معه

every wat

aperte

of Kabely

Share This Page