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WEDNESDAY, MARCH 8, 1989
"AT PRESENT THE DANGEROUS DRUGS ORDINANCE HAS PROVISION FOR THE FORFEITURE OF MONEY OR PROPERTY RECEIVED BY ANY PERSON AS A RESULT OF A DRUG TRAFFICKING OFFENCE, MR ASPREY SAID.
"HOWEVER, THIS APPLIES ONLY WHERE THE MONEY OR PROPERTY CAN BE PROVED TO BE RELATED DIRECTLY TO THE SPECIFIC OFFENCE FOR WHICH A PERSON HAS BEEN CHARGED.
"THE WEALTH ACCUMULATED BY A TRAFFICKER FROM HIS PAST ILLEGAL ACTIVITIES CAN THUS REMAIN LARGELY INTACT AND AVAILABLE ΤΟ HIM, DESPITE HIS CONVICTION ON A SPECIFIC OFFENCE," HE SAID.
MR ASPREY SAID CLAUSE 3 OF THE BILL WOULD EMPOWER THE HIGH COURT OR DISTRICT COURT, BEFORE SENTENCING A CONVICTED DRUG TRAFFICKER, TO DETERMINE WHETHER THE OFFENDER HAD BENEFITTED FROM DRUG TRAFFICKING.
IT WOULD BE DONE IRRESPECTIVE OF WHETHER OR NOT THIS BENEFIT HAD RESULTED FROM THE OFFENCE OF WHICH HE HAD BEEN CONVICTED.
"IF HE HAS SO BENEFITTED, THE COURT WILL ASSESS HIS PROCEEDS AND IMPOSE A CONFISCATION ORDER, MR ASPREY SAID.
I
FOR THE PURPOSE OF THIS ASSESSMENT, THE COURT MIGHT MAKE CERTAIN REBUTTABLE ASSUMPTIONS UNDER CLAUSE 4.
THE COURT MIGHT ASSUME THAT THE WHOLE OF THE TRAFFICKER'S PROPERTY AT THE TIME OF HIS CONVICTION, TOGETHER WITH ANY PROPERTY WHICH HAD PASSED THROUGH HIS HANDS DURING THE PREVIOUS SIX YEARS, REPRESENTED THE PROCEEDS OF DRUG TRAFFICKING.
THE COURT MIGHT ALSO ASSUME THAT ALL HIS EXPENDITURE IN THAT SIX YEAR PERIOD WAS PAID OUT OF SUCH PROCEEDS.
REGARDING THE ENFORCEMENT OF CONFISCATION ORDERS, THE COURTS WOULD HAVE THE POWER UNDER CLAUSES 10 AND 11 TO FREEZE A PERSON'S PROPERTY BY IMPOSING RESTRAINT AND CHARGING ORDERS, MR ASPREY SAID.
THE COURTS WOULD ALSO HAVE THE POWER TO FIX AN ADDITIONAL TERM OF IMPRISONMENT, UNDER CLAUSE 8, TO BE SERVED BY THE OFFENDER IN THE EVENT THAT HE FAILED TO COMPLY X SUCH ORDERS, HE SAID.
A NEW OFFENCE OF ASSISTING A PERSON то RETAIN OR CONCEAL PROCEEDS FROM DRUG TRAFFICKING WOULD BE CREATED UNDER CLAUSE 25, MR ASPREY SAID.
THE PURPOSE WAS TO COUNTERACT DRUG TRAFFICKERS' ATTEMPTS ΤΟ RETAIN THEIR ILLEGAL PROFITS, OFTEN BY DISGUISING THEIR ASSETS BY WHAT WAS COMMONLY KNOWN AS THE "LAUNDERING" OF MONEY.
"THE OFFENCE WILL CARRY A MAXIMUM PENALTY OF 14 YEARS' IMPRISONMENT,
/"HOWEVER, NO
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