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WEDNESDAY, JANUARY 16, 1991
RESOLUTION ON DRUG TRAFFICKING ORDBR PASSED
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THAT
RESOLUTION
THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) PASSED A IT APPROVES THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) (DESIGNATED COUNTRIES AND TERRITORIES) ORDER 1991, MADR BY THE GOVERNOR IN COUNCIL ON JANUARY 8 THIS YEAR, WITH AMENDMENTS.
MOVING A MOTION TO MODIFY THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE, THE SECRETARY FOR SECURITY, THE HON ALISTAIR ASPREY, SAID THE AMENDMENTS WERE SOLELY TO RECTIFY CLERICAL BRRORS AND TO ACHIEVE CONSISTENCY WITH THE CHINESE TERMS USED IN THE MAIN ORDINANCE.
THEY REPRESENTED NO SUBSTANTIVE CHANGE TO THE ORDER MADR BY THE GOVERNOR IN COUNCIL, HE ADDED.
MR ASPREY SAID THE ORDINANCE, ENACTED IN JULY 1989, HAD STRENGTHENED THE GOVERNMENT'S ABILITY TO COMBAT THE INTERNATIONAL TRADE IN DRUGS BY PROVIDING FOR THE TRACING, RESTRAINING AND CONFISCATION OF THE PROCEEDS OF DRUG, TRAFFICKING.
FOR
SECTION 28(1) OF THE ORDINANCE PROVIDED
THE GOVERNOR IN COUNCIL, WITH THE APPROVAL OF THE LEGISLATIVE COUNCIL, ΤΟ DESIGNATE COUNTRIES AND TERRITORIES OUTSIDE HONG KONG TO ENABLE THEIR CONFISCATION AND OTHER ORDERS RELATING TO DRUG TRAFFICKING TO BI ENFORCED IN HONG KONG, HE SAID.
"IT ALSO ALLOWS ASSISTANCE TO BE PROVIDED IN RELATION TO THEIR DRUG TRAFFICKING INVESTIGATIONS.
"TO ENSURE
RECIPROCAL TREATMENT, HONG KONG HAS NEGOTIATED BILATERAL ARRANGEMENTS WITH CANADA, THE UNITED STATES, AUSTRALIA AND THE UNITED KINGDOM JURISDICTIONS OF ENGLAND AND WALES, SCOTLAND, AND NORTHERN IRELAND, AS WELL AS JERSEY, GUERNSEY AND THE ISLE OF MAN, MR ASPREY SAID.
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THE ARRANGEMENTS WOULD COME INTO EFFECT WHEN THE PARTIES то THEM HAD NOTIFIED EACH OTHER THAT THEIR RESPECTIVE REQUIREMENTS FOR ENTRY INTO FORCE HAD BEEN MET, HE SAID.
"IN HONG KONG'S CASE, THE REQUIREMENT 19 FOR THE OVERSEAS JURISDICTIONS TO BE DESIGNATED UNDER THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE, MR ASPREY ADDED.
It
ASPREY SAID IT WOULD
REFERRING TO THE DESIGNATION ORDER, MR APPLY THE ORDINANCE WITH CERTAIN MODIFICATIONS TO CONFISCATION ORDERS AND RELATED PROCEEDINGS IN THE COUNTRIES AND TERRITORIES WITH WHICH HONG KONG HAD NEGOTIATED BILATERAL ARRANGEMENTS.
IN PARTICULAR, THE HIGH COURT WOULD BR ABLE TO ORDER THE RESTRAINT IN HONG KONG OF PROPERTY WHICH MIGHT BE REQUIRED TO ENFORCE A CONFISCATION ORDER MADE IN A DESIGNATED COUNTRY OR TERRITORY; AND REGISTER AND ENFORCE A CONFISCATION ORDER MADE BY A COURT IN A DESIGNATED COUNTRY OR TERRITORY.
/MR ASPREY