FRIDAY, MAY 26, 1978
DANGEROUS DRUGS (AMENDMENT) BILL 1978 ******
THE GOVERNMENT TODAY PROPOSED AN AMENDMENT TO THE LAW TO UPDATE THE DEFINITION OF CANNABIS IN ORDER TO STRENGTHEN THE CONTROL OF THE DRUG IN HONG KONG.
THE PROPOSAL IS CONTAINED IN THE DANGEROUS DRUGS (AMENDMENT) EILL 1978 PUBLISHED IN THE GOVERNMENT GAZETTE TODAY.
A GOVERNMENT SPOKESMAN SAID THE NEED FOR A NEW LEGAL DEFINITION OF CANNABIS HAS BEEN GENERATED BY NEW SCIENTIFIC FINDINGS ABOUT THE DRUG.
THE PRESENT DEFINITION OF CANNABIS IN THE DANGEROUS DRUGS ORDINANCE. WAS MADE AT A TIME WHEN IT WAS THOUGHT THAT ONLY THE FRUITS, FLOWERS AND SEEDS OF THE PLANT CONTAINED THE HALLUCINOGENIC SUBSTANCE KNOWN AS TETRAHYDROCANNABINOL.
HOWEVER, IT HAS NOW BEEN ESTABLISHED THAT TETRAHYDROCANNABINOL IS NATURALLY PRESENT IN THE ENTIRE PLANT. THEREFORE, THE EXISTING DEFINITION HAS BECOME INADEQUATE AND GIVEN RISE TO DIFFICULTIES IN PROSECUTING CASES INVOLVING CANNABIS.
IN ADDITION, IT HAS ALSO BEEN ESTABLISHED THAT TETRAHYDROCANNABINOL AND SIMILAR SUBSTANCES CAN ACTUALLY BE SYNTHESISED AND, IF THIS OCCURS, THERE ARE NO SUITABLE PROVISIONS I. THE DANGEROUS DRUGS ORDINANCE AT PRESENT FOR CONTROL.
THE BILL IS THEREFORE DESIGNED TO REPLACE THE EXISTING DEFINITION WITH A NEW ONE WHICH EMBRACES ANY PART OF THE CANNABIS PLANT AND TO ADD PROVISIONS COVERING SYNTHETIC INGREDIENTS.
THE SPOKESMAN STRESSED THAT THERE IS AS YET NO WIDESPREAD ABUSE OF CANNABIS IN HONG KONG EXCEPT AMONG A SMALL NUMBER OF BAR GIRLS AND THE LIKE, AND SOME EXPATRIATES.
AND SOME EXPATRIATES. THE LEGAL AMENDMENT 13 THEREFORE A PREVENTIVE MEASURE TO CONTAIN THE SITUATION.
HE ADDED THAT THE POLICE AND THE CUSTOMS OFFICERS TOGETHER SEIZED ABOUT 19 KILOGRAMMES OF CANNABIS LAST YEAR, OVER 90 PER CENT OF WHICH WAS IN TRAN IST THROUGH HONG KONG.
BESIDES UPDATING THE DEFINITION OF CANNABIS, THE DANGEROUS DRUGS (AMENDMENT) BILL 1978 ALSO SEEKS TO INCREASE THE PENALTY FOR THE CFFENCE OF CARRYING DANGEROUS DRUGS ILLEGALLY THROUGH HONG KONG.
SECTION 14(1) OF THE ORDINANCE AT PRESENT PRESCRIBES A MAXIMUI. PENALTY OF ONLY THREE YEARS IMPRISONMENT AND A $10,000 FINE FOR SUCH AN OFFENCE. THIS IS CONSIDERED TO BE INADEQUATE BECAUSE ALTHOUGH THE DRUGS ARE NOT TO BE SMUGGLED INTO HONG KONG, THE NATURE OF OFFENCE IS SIMILAR TO TRAFFICKING WHICH IS PUNISHABLE BY A MAXIMUM PENALTY OF LIFE IMPRISONMENT AND A $5 MILLION FINE.
THE BILL THEREFORE SEEKS TO INCREASE THE MAXIMUM PENALTY TO 10 YEARS IMPRISONMENT AND A $100,000 FINE ON INDICTMENT AND THREE YEARS IMPRISONMENT AND A $10,000 FINE ON SUMMARY CONVICTION.
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