XN000022-1980-07-09 — Page 31

WEDNESDAY, JULY 9, 1980

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BUT, MR GRIFFITHS ADDED, IF PEOPLE WERE TO BE DISCOURAGED FROM REFUSING TO GIVE THE NAME OF THE DRIVER WHEN THEY KNEW IT PERFECTLY WELL BECAUSE THEY CONSIDERED THE PENALTY FOR THE DRIVING OFFENCE WAS LIKELY TO BE MUCH HIGHER THAN FOR THE FAILURE TO DISCLOSE, THEN IT WAS ESSENTIAL THAT THE BILL SHOULD RETAIN THE PROVISION REQUIRING THE COURTS TO HAVE REGARD TO THE FACTS OF THE UNDERLYING TRAFFIC OFFENCE WHEN ASSESSING SENTENCE FOR THE FAILURE TO DISCLOSE OFFENCE.+

AS AMENDED, HE SAID, THE BILL WILL MAKE A MORE MODEST CONTRIBUTION TO STRENGTHEN THE LAW THAN WAS ORIGINALLY ENVISAGED BUT THAT CONTRIBUTION WILL STILL, BE A USEFUL ONE,

FAKE DRUGS BILL PASSED

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THE DANGEROUS DRUGS (AMENDMENT) BILL WHICH DEALS WITH OFFENCES CONNECTED WITH FAKE NARCOTICS HAVE THE SUPPORT OF UNOFFICIAL MEMBERS, THE HON PETER C. WONG TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

HE SAID THEY WERE SATISFIED THE BILL WAS BOTH NECESSARY AND DESIRABLE AND WOULD NOT HAVE ADVERSE EFFECTS ON LEGITIMATE TRANSACTIONS OF OTHER DANGEROUS DRUGS CONTROLLED UNDER THE PRINCIPAL ORDINANCE.

SPEAKING AT THE BILL'S SECOND READING, MR WONG SAID THE BILL BASICALLY INTRODUCED TWO AMENDMENTS IN WHICH:

* A PERSON WHO OFFERS TO TRAFFIC IN A SUBSTANCE

WHICH HE BELIEVES TO BE A DANGEROUS DRUG, COMMITS AN OFFENCE EVEN THOUGH IT IS NOT IN

*

FACT A DANGEROUS DRUG.

A PERSON WHO TRAFFICS OR OFFERS TO TRAFFIC IN

A SUBSTANCE REPRESENTED BY HIM TO BE A

DANGEROUS DRUG WHICH IS IN FACT NOT A

DANGEROUS DRUG ALSO COMMITS AN OFFENCE, BUT WITH LIGHTER PENALTIES SIMILAR TO THOSE PROVIDED FOR THE OFFENCE OF DECEPTION.

MR WONG SAID THE AD HOC GROUP OF UNOFFICIAL MEMBERS WHO EXAMINED THE BILL HAD CONSIDERED THE EFFECTIVENESS OF THE AMENDMENTS AND THE IMPLICATIONS THEY MIGHT HAVE ON LEGITIMATE TRANSACTIONS OF OTHER DANGEROUS DRUGS CONTROLLED UNDER THE PRINCIPAL ORDINANCE.

FOLLOWING DISCUSSION WITH THE COMMISSIONER FOR NARCOTICS AND OTHER GOVERNMENT OFFICIALS, HE SAID APPROPRIATE AMENDMENT WAS MADE TO THE BILL TO MAKE IT CLEAR THAT A NEW SECTION WOULD DEAL SPECIFICALLY WITH FAKE DRUGS,

/MR WONG

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