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The Bill also provides, in line with United Kingdom practices, that once a person has been proven guilty beyond reasonable doubt of a drug trafficking offence, the amount by which he has benefited should be determined on the standard of proof applicable to civil proceedings. Likewise, the Bill seeks to introduce powers for authorized officers to seize specified property reasonably suspected to be the proceeds of drug trafficking, which is being imported into, or exported from Hong Kong. The power to order forfeiture of such property will be given to the Courts.
To bring the Ordinance into line with the UN Convention, the Bill seeks to establish a criminal offence of dealing in property, knowing that it is the proceeds of drug trafficking; and provides for the recovery of income or other benefits derived from property which represents the proceeds of drug trafficking.
Relevant bodies in the legal and financial sectors, namely the Bar Association, The Law Society, the Hong Kong Association of Banks, the Hong Kong Deposit- taking Companies Association, the Hong Kong Society of Accountants, and the Securities and Futures Commission, have been consulted in the course-of the drafting of this Bill.
Thank you, Mr President.
End/Wednesday, April 26, 1995
Organized and Serious Crimes (Amendment) Bill 1995
Following is the speech by the Secretary for Security, Mr Peter Lai, in moving the second reading of the Organized and Serious Crimes (Amendment) Bill 1995 in the Legislative Council today (Wednesday):
Mr President,
I also move the second reading of the Organized and Serious Crimes (Amendment) Bill 1995.
The confiscation and money laundering provisions of the Organized and Serious Crimes Ordinance were modelled on the provisions of the Drug Trafficking (Recovery of Proceeds) Ordinance. In moving the Drug Trafficking (Recovery of Proceeds) (Amendment) Bill be read a second time, I have just explained the need for amending that Ordinance, and the principal amendments proposed. To maintain compatibility and to achieve effective enforcement, it is necessary to make similar changes to the Organized and Serious Crimes Ordinance.