XN000022-1980-06-12 — Page 2

THURSDAY, JUNE 12, 1980

TRAFFICKING OFFENCE TO COVER FAKE DRUGS

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THE GOVERNMENT IS PROPOSING TO INTRODUCE AN AMENDMENT TO THE DANGEROUS DRUGS ORDINANCE TO MAKE IT AN OFFENCE FOR PEOPLE TO TRAFFIC IN SUBSTANCES HELD OUT OR PURPORTED TO BE DANGEROUS DRUGS.

UNDER THE PROPOSED DANGEROUS DRUGS (AMENDMENT) BILL 1980, WHICH WILL BE GAZETTED TOMORROW (FRIDAY), ANYONE ARRESTED FOR TRAFFICKING IN SUBSTANCES PURPORTING TO BE A DANGEROUS DRUG WILL BE LIABLE TO A MAXIMUM FINE OF $500 000 AND TO IMPRISONMENT FOR SEVEN YEARS ON CONVICTION, ON INDICTMENT AND ON SUMMARY CONVICTION, TO A FINE OF $100 000 AND IMPRISONMENT FOR ONE YEAR.

THE BILL IS EXPECTED TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL AT ITS NEXT SITTING ON JUNE 25.

A SPOKESMAN FOR THE NARCOTICS DIVISION, GOVERNMENT SECRETARIAT, SAID TODAY THAT THE EXISTING DANGEROUS DRUGS ORDINANCE PROHIBITED TRAFFICKING IN DANGEROUS DRUGS BUT DID NOT DEAL WITH THE CASE OF PERSONS TRAFFICKING IN SUBSTANCES REPRESENTED OR HELD OUT TO BE DANGEROUS DRUGS BUT WHICH THEY KNEW WERE IN FACT NOT SUCH.

THE BILL ALSO MAKES IT CLEAR THAT A PERSON WHO OFFERS TO TRAFFIC IN A SUBSTANCE WHICH HE BELIEVES TO BE A DANGEROUS DRUG IS GUILTY OF AN OFFENCE UNDER THE DANGEROUS DRUGS ORDINANCE EVEN THOUGH IT IS NOT IN FACT A DANGEROUS DRUG.

THE SPOKESMAN EXPLAINED THAT SINCE THE BEGINNING OF 1979, OWING TO THE SHORTAGE OF ILLICIT DRUG SUPPLIES, THERE HAD BEEN AN INCREASE IN THE NUMBER OF ATTEMPTED SALES OF NARCOTICS WHERE EITHER THE DRUGS WERE NOT IN EXISTENCE OR WERE POWDERS PURPORTING TO BE HEROIN OR AMPHETAMINES.

+IN 1979, A TOTAL OF 338 CASES OF COUNTERFEIT HEROIN AND NUMEROUS OTHER COUNTERFEIT SUBSTANCES PURPORTING TO BE DANGEROUS DRUGS WERE DETECTED.+

HE SAID THE EXISTING ORDINANCE PROVIDED FOR THE OFFENCE OF OFFERING TO TRAFFIC IN A DANGEROUS DRUG, BUT DID NOT COVER THE CASE WHERE THE PARTY OFFERING TO TRAFFIC IN A SUBSTANCE PURPORTING TO BE A DANGEROUS DRUG KNOWS THAT WHAT HE IS OFFERING IS NOT SUCH.

+WHILE IT IS TRUE THAT SUCH A PERSON MAY BE CHARGED WITH DECEPTION, IN THE NECESSARY COVERT CIRCUMSTANCES OF SUCH AN OFFENCE, IT IS EXTREMELY DIFFICULT TO SECURE CONVICTION BECAUSE OF THE NEED TO ESTABLISH A DISHONEST INTENTION.

+ IT IS THEREFORE PROPOSED THAT SUCH CASES SHQULD BE DEALT WITH BY THE CREATION OF A SEPARATE OFFENCE UNDER THE DANGEROUS DRUGS ORDINANCE, THE SPOKESMAN SAID.

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