MONDAY, JULY 10, 1989
3
AMENDMENTS TO NEW DRUG TRAFFICKING BILL
* * * * * * *
OF
THE LEGISLATIVE COUNCIL
THE SECOND READING DEBATE ON THE DRUG TRAFFICKING (RECOVERY
WILL BE RESUMED
AT PROCEEDS) BILL MEETING ON WEDNESDAY (JULY 12).
1989
A NUMBER OF AMENDMENTS WILL ALSO BE MADE TO COMMITTEE STAGE FOLLOWING THE ADVICE
OF THE PROPOSED
THE BILL AT ITS OF AN AD HOC GROUP
THE OF EXAMINATION COUNCIL
FURTHER LEGISLATIVE
AND
CHANGES LEGISLATION BY THE GOVERNMENT IN THE LIGHT OF RECENT UNITED KINGDOM'S DRUG TRAFFICKING OFFENCE ACT 1986 WHICH THE MODELLED ON,
TO THE BILL 1.5
OF DRUG
TRAFFICKING
THE BILL AIMS TO CONFISCATE THE PROCEEDS AND TO COUNTER DRUG MONEY LAUNDERING IN HONG KONG.
DIFFERENT PROVI310NS ONE OF THE MAJOR AMENDMENTS IS TO ENABLE
DIFFERENT OF THE PROPOSED LEGISLATION TO BE BROUGHT INTO OPERATION AT
PARTICULARLY DATES. THIS WILL ALLOW MORE TIME FOR AFFECTED SECTORS, FINANCIAL INSTITUTIONS, TO MAKE NECESSARY ARRANGEMENTS TO COMPLY THE NEW REQUIREMENTS.
WITH
ANOTHER AMENDMENT
CONCERNS
RESPECT OF THE
THE
SEQUENCE
OF
AND
SENTENCING ITS ORIGINAL FORM STIPULATES CONFISCATION PROCEEDINGS, THE BILL IN
OFFENCE WILL DRUG TRAFFICKING THAT SENTENCING IN FOLLOW THE COURT'S DECISION ON CONFISCATION.
DONE. THIS WILL BE PERSON TO ANY ORDER
TO ALLOW JUSTICE TO BE BETTER SEEN TO BE AMENDED SO THAT THE COURT WILL SENTENCE THE CONVICTED IMPRISONMENT TERMS FIRST AND THEN DECIDE WHETHER A CONFISCATION SHOULD BE MADE.
AN ARRANGEMENT UNDER THE BILL, IT IS AN OFFENCE TO ENTER INTO
THE
OF A
PROCEEDS OF DRUG RETENTION
PERSON'S WHICH FACILITATES TRAFFICKING "KNOWING OR SUSPECTING" THAT PERSON IS A DRUG TRAFFICKER.
то
"SUSPECTING" PROVIDE
A
A COMMITTEE STAGE AMENDMENT WILL REPLACE THE WORD
BELIEVE". THIS WILL WITH "HAVING REASONABLE GROUNDS FAIRER AND MORE CERTAIN TEST OF LIABILITY IN THE CIRCUMSTANCES.
PROTECT
THE BILL TO
ETHICAL DUTY
THERE WILL ALSO
AN ADDITION TO BE PROFESSIONAL PEOPLE WHO DISCLOSE INFORMATION TO AN AUTHORISED OFFICER. THE PROTECTION IS AGAINST ALLEGATIONS OF BREACHES OF AN OF CONFIDENTIALITY TO THEIR CLIENTS.
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