WEDNESDAY, JUNE 16, 1982
14
DRUGS BILL PART OF ON-GOING EFFORTS TO PROTECT COMMUNITY
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THE PROPOSED AMENDMENTS IN THE DANGEROUS DRUGS (AMENDMENT) BILL 1982 ARE PART OF GOVERNMENT'S CONTINUING EFFORTS TO PROTECT THE COMMUNITY, ESPECIALLY YOUNG PEOPLE, FROM DRUG TRAFFICKING AND ABUSE AND TO BRING OFFENDERS TO JUSTICE, THE HON PETER C. WONG SAID TODAY (WEDNESDAY).
SPEAKING AT THE RESUMED DEBATE ON THE BILL, MR WONG, CONVENOR OF THE UNOFFICIALS' LEGISLATION SCRUTINY GROUP, SAID THE GROUP HAD HELD SEVERAL LENGTHY MEETINGS, INCLUDING ONE WITH THE BAR COMMITTEE, IN AN ATTEMPT TO RESOLVE THE VARIOUS POINTS AT ISSUE AND TO REACH AN ACCEPTABLE COMPROMISE WITH THE GOVERNMENT.
THE KEY CHANGES AGREED TO INCLUDE:
* ONLY A POLICE OFFICER OR A MEMBER OF THE CUSTOMS AND EXCISE SERVICE OF OR ABOVE THE RANK OF INSPECTOR MAY REQUEST A SEARCH OF BODY CAVITIES.
*
THE PROPOSED SECTION WHICH GIVES BLANKET IMMUNITY TO A DOCTOR IN PERFORMING HIS STATUTORY DUTY WILL BE DELETED.
* BODY CAVITY SEARCHES WILL BE CONDUCTED BY A PERSON OF
THE SAME SEX, UNLESS THE SUSPECT OTHERWISE CONSENTS.
THE BILL IS DESIGNED TO CLOSE LOOPHOLES IN THE EXISTING LAW DEALING WITH TRAFFICKING AND MANUFACTURE OF DANGEROUS DRUGS.
IT ALSO PROVIDES A MEANS FOR DEALING WITH SUSPECTS CARRYING DRUGS IN BODY CAVITIES.
BUT, MR WONG POINTED OUT, THE RIGHT TO CONDUCT A SEARCH OF BODY CAVITIES DOES NOT CARRY WITH IT THE RIGHT TO AUTHORISE SURGERY ON THE SUSPECTED PERSON.
+THE LEGAL DEPARTMENT HAS NOW CONFIRMED THAT THE ACCEPTED VIEW WHICH IS SHARED BY THE MEDICAL AND HEALTH DEPARTMENT IS THAT A PERSON MAY NOT BE SURGICALLY OPERATED UPON WITHOUT HIS CONSENT, SAVE IN EXCEPTIONAL CASES, E.G. TO SAVE LIFE OR UNDER A COURT ORDER,+ HE ADDED.
THE HON JOHN SWAINE, WHO ALSO SPOKE IN SUPPORT OF THE BILL, WAS CONCERNED OVER THE PROVISION THAT ANY QUANTITY OF A DANGEROUS DRUG SHALL BE A DANGEROUS DRUG FOR THE PURPOSES OF THE ORDINANCE NOTWITHSTANDING THAT THE QUANTITY IS INSUFFICIENT TO BE MEASURED OR USED+.
HE NOTED THE EXPLANATION GIVEN BY THE SECRETARY FOR SECURITY THAT THE AMENDMENT WAS NECESSARY AS A CHARGE OF POSSESSING DRUGS MUST BE SUPPORTED BY EVIDENCE THAT THE DRUGS FOUND ARE USABLE, WHICH COULD BE DIFFICULT IF THE QUANTITY INVOLVED WAS VERY SMALL.
HE ALSO CITED A CASE REPORTED IN THE TIMES ON APRIL 23 IN WHICH THE HOUSE OF LORDS RULED THAT THE USABILITY+ TEST WAS INCORRECT IN LAW AND THE QUESTION WAS NOT USABILITY BUT POSSESSION.
/+HO-VER, HY