WEDNESDAY, DECEMBER 18, 1991
THE BILL DEFINED AN "ORGANISED CRIME GROUP" AS A TRIAD SOCIETY OR TWO OR MORE INDIVIDUALS ASSOCIATED TOGETHER TO REPEATEDLY COMMIT THE OFFENCES SET OUT IN SCHEDULE I OF THE BILL, WHICH INCLUDED DRUG TRAFFICKING, OPERATING ILLEGAL GAMBLING, ROBBERY AND BLACKMAIL.
"MY RESPONSE TO THIS IS THAT WE BELIEVE THE DEFINITION
HE SAID. REFLECTS THE REALITY OF ORGANISED CRIME GROUPS IN HONG KONG,
[
BUT THERE WAS MERIT IN THE SUGGESTION THAT WHAT "REPEATEDLY
HE SAID. COMMIT" MEANS SHOULD BE CLARIFIED. "WE WILL BEAR IT IN MIND,
SAID THE GOVERNMENT WOULD TAKE INTO CONSIDERATION THAT SCHEDULE I OF THE BILL BE EXPANDED TO SUGGESTIONS
COVER OTHER CRIMES SUCH AS BURGLARY AND ILLEGAL IMPORT AND SALES OF FIREARMS.
HE
HE GAVE AN ASSURANCE THAT THE GOVERNMENT WOULD NOT INCLUDE IN THE ORGANISED CRIME LEGISLATION ANY PROVISION WHICH WOULD RESULT IN THE DEFENDANT BEING FUNISHED TWICE.
THE GOVERNMENT'S OBJECTIVE WAS TO PRESCRIBE APPROPRIATE TO THE GRAVITY OF THE OFFENCE, HE SAID.
IN
PENALTIES
HAD
REFERRING TO THE MONEY LAUNDERING AND CONFISCATION PROVISIONS THE BILL, MR STRACHAN SAID THE MAIN COMMENT THE GOVERNMENT
WAS RECEIVED
BANKS THAT IT WOULD BE DIFFICULT FOR EMPLOYEES OF OTHER FINANCIAL INSTITUTIONS TO IDENTIFY WHETHER THEIR CLIENTS MEMBERS OF AN ORGANISED CRIME GROUP.
"SOME BELIEVE THAT THE REQUIREMENT TO REPORT WOULD CREATE UNNECESSARY BURDEN FOR FINANCIAL INSTITUTIONS, HE SAID.
++
AND
ARE
AN
HE CLARIFIED THAT THE BILL CREATED A NEW MONEY LAUNDERING
OFFENCE, NOT A NEW REPORTING DUTY.
"IF A PERSON FAILS TO REPORT A SUSPICIOUS ACTIVITY, HE DOES NOT COMMIT AN OFFENCE. IN FACT, THE REPORTING SYSTEM IN THE BILL SEEKS SAFEGUARD FINANCIAL INSTITUTIONS FROM INCURRING LEGAL LIABILITIES SHOULD THEY REPORT A SUSPICIOUS TRANSACTION."
"I
HE ADDED THAT THE GOVERNMENT WAS EXAMINING THE POSSIBILITY OF IN UP GENERAL MONEY LAUNDERING AND CONFISCATION LEGISLATION RESPECT OF ALL CRIMES.
DRAWING
REFERRING TO CONCERNS THAT THE BILL WOULD NOT BE EFFECTIVE IN DEALING WITH THE "GODFATHERS" OF CRIMINAL SYNDICATES, MR STRACHAN SAID THE PROPOSAL ON CORROBORATION WOULD HELP TO ENABLE MORE EFFECTIVE PROSECUTION OF "GODFATHERS"
REFERRING
·
ON
TO THE PROPOSAL IN THE BILL TO AMEND THE RULES JOINDER OF CHARGES TO ENABLE THE PROSECUTION TO PRESENT A FULL PICTURE OF THE CRIMINALITY
THE CHARGED, HE SAID THERE WERE CONCERNS THAT PROPOSAL MIGHT HAVE A PREJUDICIAL EFFECT ON THE DEFENDANT LEAD TO LONGER AND MORE COMPLEX TRIALS.
AND COULD
"THESE ARE VALID CONCERNS, HE SAID.
L
/ON CONCERNS