WEDNESDAY, APRIL 28, 1982
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THE SECOND AMENDMENT PROPOSED THAT PROSECUTIONS MIGHT BE INSTITUTED IN CASES INVOLVING MINUTE QUANTITIES OF DANGEROUS DRUGS WHETHER THEY ARE MEASURABLE OR USABLE OR NOT.
THIS WAS NECESSARY SINCE A COURT OF APPEAL RULED IN 1979 THAT A CHARGE OF POSSESSING DRUGS MUST BE SUPPORTED BY EVIDENCE THAT THE DRUGS FOUND WERE USABLE, WHICH COULD BE DIFFICULT IF THE QUANTITY INVOLVED WAS VERY SMALL.
THE THIRD PROPOSED AMENDMENT WAS DESIGNED TO EXTEND TO OFFICERS OF THE ROYAL HONG KONG POLICE FORCE THE POWERS ALREADY AVAILABLE TO OFFICERS OF THE CUSTOMS AND EXCISE SERVICE SO THAT THEY CAN CALL IN MEDICAL PRACTITIONERS TO SEARCH BODY CAVITIES OF SUSPECTED DRUG COURIERS WITH OR WITHOUT THEIR CONSENT.
PROVISION WAS ALSO MADE FOR THE DETENTION OF SUSPECTED PERSONS FOR THE COMPLETION OF SUCH SEARCHES AND FOR THE EXTENSION OF THE LEGAL PROTECTION UNDER THE CUSTOMS AND EXCISE ORDINANCE TO THE POLICE AND PUBLIC OFFICERS ASSISTING THEM TO CONDUCT SUCH SEARCHES UNDER THE DANGEROUS DRUGS ORDINANCE,
LIFE TERM PROPOSED FOR KIDNAPPING
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THE HEAVIER PENALTY OF LIFE IMPRISONMENT PROPOSED FOR KIDNAPPING INSTEAD OF THE EXISTING MAXIMUM PENALTY OF
14 YEARS WAS PARTLY IN RESPONSE TO A CALL BY HIGH COURT JUDGES AND PARTLY INTENDED TO DETER THE COMMISSION OF THIS WICKED OFFENCE, THE ATTORNEY GENERAL, THE HON J.C. GRIFFITHS, SAID AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
SPEAKING AT THE SECOND READING OF THE OFFENCES AGAINST THE PERSON (AMENDMENT) BILL 1982, MR GRIFFITHS SAID THE AMENDMENT WOULD BRING THE OFFENCE INTO A HIGHER CATEGORY WITH OTHER VERY SERIOUS MAJOR CRIMES WHICH CARRY A MAXIMUM PENALTY OF LIFE IMPRISONMENT.
+THE BILL WILL ALTER THE EXISTING THE OFFENCE OF KIDNAPPING FROM A THIRD GRAVITY OFFENCE.
SITUATION BY RAISING GRAVITY TO A SECOND
+ IT WILL NOW BE CLASSED WITH SUCH GRAVE OFFENCES AS MANSLAUGHTER, ATTEMPTED MURDER, OR RAPE, RATHER THAN, AS AT PRESENT WITH BURGLARY OR BLACKMAIL,+ HE SAID.
THE PRESENT 14-YEAR MAXIMUM PENALTY FOR KIDNAPPING HAS BEEN IN EXISTENCE SINCE 1865 WHEN THE RELEVANT SECTION OF THE ORDINANCE WAS FIRST ENACTED, HE SAID.
THE DEATH PENALTY, HE SAID, IS PROVIDED FOR CRIMES OF THE UTMOST SERIOUSNESS, GRADED AS CRIMES OF THE FIRST GRAVITY.
/MR GRIFFITHS