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and Exports, and it gives him power to impose any conditions that he may think fit upon the granting of any such licence or authorization. Of course the Superintendent is subject to the control of the Governor. Diversion, except under licence, is prohibited by a regulation which was made on the 6th February, 1925. In any case where diver- sion is allowed the requirements of paragraph 2 of article 15 of the Convention will be observed. Under section 3 above referred to it will be possible to authorize importation, exportation and transit carriage of dangerous drugs by aircraft, but it is not intended to encourage this method of transportation for dangerous drugs, and transit carriage of dangerous drugs by aircraft will not be possible without a special authorization. In this respect transit carriage by air differs from transit carriage by water, which is expressly made legal provided that the various conditions laid down in the section are observed. Section 32 (1) (f) of the Post Office Ordinance, 1926, expressly prohibits the sending by post of any drug to which the Dangerous Drugs Ordinance, 1923, applies, and sub-section (3) of that section prohibits the importation by post of anything which is prohibited to be sent by post. The term importation in that Ordinance probably does not cover postal packets passing through the Colony in the post, but in the Dangerous Drugs Ordinance, 1923, as amended by the Dangerous Drugs Amendment Ordinance, 1928, the term importation does include that case, and no provision is made by which the transit of dangerous drugs through Hong Kong in the post can be lawfully effected. In this respect it differs from transit by water.
14. Articles 16 and 17.--The requirements of these articles with regard to consign- ments of any of the substances covered by the Convention which are placed in bonded warehouses here will be observed.
15. Chapter VI.-The obligations imposed on the Government of Hong Kong by Chapter VI of the Convention which deals with reports to the Central Board, will be observed.
16. Article 28.--The penalties provided by section 11 of the Dangerous Drugs Ordinance, 1923, are the same as those provided under the English Acts, ten dollars being taken as the equivalent of one pound sterling. Section 12 of the Ordinance gives full power of confiscation.
17. Article 29.-Every attempt has been made in the Hong Kong legislation to render punishable acts committed within the Colony for the purpose of procuring or assisting the commission in any place outside the Colony of any act which constitutes an offence against the laws of that place relating to the matters dealt with in the Gene va Convention. Section 11 (1) (d) of the Dangerous Drugs Ordinance, 1923, makes it an offence to aid, abet, counsel or procure in the Colony the commission in any place out- side the Colony of any offence punishable under the provisions of any corresponding law in force in that place. The maximum penalties for this offence are the same as those for any other offence under the Ordinance, i.e., on summary conviction a fine of $2,500 or 12 months imprisonment with or without hard labour or both fine and imprisonment, and, on indictment, a fine of $10,000 or 10 years imprisonment with or without hard labour or both fine and imprisonment. Section 2 (2) of the Ordinance provides for proof of the "corresponding law" of a place outside the Colony by means of a certificate issued by the government of that place. Section 11 (1) (d) of the Ordinance goes further and makes it an offence to do any act in the Colony preparatory to, or in furtherance of any act (wherever to be committed) which if committed in the Colony would constitute an offence against the Ordinance. The maximum penalties in this case are the same. Fur- ther, the prohibitions of section 3 (1) and 15 (3) of the Ordinance are expressly made to extend to all cases whether the other party to the transaction is or is not in the Colony.
Date 18th April, 1928.
J. H. KEMP,
Attorney General,
Hong Kong.
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