1988 Ed.]

Dangerous Drugs

[CAP. 134

33

(c) aids, abets, counsels or procures the commission in a place outside Hong Kong of an offence punishable under a corresponding law in force in that place, or does an act preparatory to, or in furtherance of, an act which if committed in Hong Kong would constitute an offence under section 4 or 6,

shall be guilty of an offence.

(2) Any person who is guilty of an offence under subsection (1)(a) or (b) shall be liable on conviction to a fine of $10,000 and to imprisonment for 3 years.

(3) Any person who is guilty of an offence under subsection (1)(c) shall be liable-

(a) on conviction on indictment, to a fine of $100,000 and to imprisonment for 15 years; and

(b) on summary conviction, to a fine of $10,000 and to imprisonment for 3 years.

Joint trial of offences in certain cases

[cf. U.K. 1965 c. 15, s. 13]

41. Notwithstanding anything in the Magistrates Ordinance (Cap. 227) or any other law, where it is alleged that 2 or more persons have committed distinct offences under section 4, 8, 35 or 36 in the same place and at about the same time, the charges for such offence against such persons may be tried together.

Conviction of offence other than that charged

42. (1) If on the trial of a charge for an offence specified in the second column of the Third Schedule the defendant is acquitted, but it is proved that the defendant is guilty of any offence specified opposite thereto in the third column of that Schedule or of being a party to any such offence, he shall be convicted of such offence or of being a party to any such offence and shall be liable to be punished accordingly.

(2) The references in the Third Schedule to numbered sections and subsections shall be construed to include every offence under the section or subsection so numbered in this Ordinance.

(3) Nothing in this section shall exclude the application to any offence of any other law authorizing a person to be found guilty of an offence other than that with which he is charged.

Certificate of corresponding law

PART VII

EVIDENCE

43. A document purporting to be issued by or on behalf of the government of a country and purporting to state the terms of a corresponding law in force in that country shall be admitted in evidence, in proceedings for an offence under this Ordinance before any court, on its production by the prosecution without further proof, and such document shall be conclusive evidence-

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