XN000022-1984-01-11 — Page 19

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WEDNESDAY, JANUARY 11, 1984

APART FROM THE REMOVAL OF REFUSE, STEPS ARE ALSO TAKEN TO PREVENT REFUSE AND POLLUTANTS FROM ENTERING THE WATERS,

BESIDES EXISTING PREVENTIVE PROGRAMMES, ADDITIONAL STEPS ES ING TAKEN INCLUDE THE FOLLOWING:

* DEVELOPMENT OF CONTROLS UNDER THE WATER POLLUTION CONTROL

ORDINANCE TO REGULATE DISCHARGES INTO WATER CONTROL ZONES.

*

A NEW WATER COURSE MAINTENANCE AND MANAGEMENT SYSTEM.

BILL STRESSES COMMITMENT TO ANTI-DRUG FIGHT

****

THE DANGEROUS DRUGS (AMENDMENT) BILL 1984 WILL EMPHASISE HONG KONG'S TOTAL COMMITMENT TO COMBAT INTERNATIONAL DRUG TRAFFICKING AND TRAFFICKING IN HONG KONG, THE SECRETARY FOR SECURITY, THE HON DAVID JEAFFRESON, TOLD THE LEGISLATIVE COUNCIL TODAY.

MOVING THE SECOND READING OF THE BILL, MR JEAFFRESON SAID THE MAIN PURPOSES ARE TO CLOSE A LOOPHOLE IN THE DANGEROUS DRUGS ORDINANCE RELATING TO DRUGS IN TRANSIT THROUGH HONG KONG AND TO PROVIDE FOR THE PRESUMPTION THAT A PERSON WHO IS PROVED OR PRESUMED TO HAVE BEEN MANUFACTURING A DANGEROUS DRUG KNEW THAT SUCH A DRUG WAS A DANGEROUS DRUG.

HE SAID THE CONSEQUENCE OF THIS LOOPHOLE IS THAT A PERSON BRINGING ILLICIT DRUGS INTO HONG KONG AND CHARGED WITH BEING IN POSSESSION OF DANGEROUS DRUGS FOR THE PURPOSE OF TRAFFICKING CAN PLEAD THAT AS THE DRUGS WERE IN TRANSIT, HE WAS NOT TRAFFICKING.

+SEVERAL CASES HAVE OCCURRED IN WHICH THE PROSECUTION WAS NOT ABLE TO ESTABLISH CONCLUSIVELY THAT THE DRUGS WERE TO BE DISPOSED OF IN HONG KONG, AND THE COURT OF APPEAL QUASHED CONVICTIONS OF DRUG TRAFFICKERS UNDER SECTION 7 ON THE GROUNDS THAT THE DRUGS FOUND IN THEIR POSSESSION ON ENTRY TO HONG KONG WERE IN TRANSIT, HE SAID.

+

+ IN SUCH CASES, OFFENDERS MAY BE FOUND GUILTY OF SIMPLE POSSESSION OF DANGEROUS DRUGS, THE MAXIMUM SENTENCE FOR WHICH IS IMPRISONMENT FOR THREE YEARS AND A FINE OF $10 000 WHEREAS A PERSON FOUND GUILTY OF TRAFFICKING IS LIABLE TO A FINE OF $5 MILLION AND TO IMPRISONMENT FOR LIFE.

+ THE BILL NOW BEFORE THIS COUNCIL IS DESIGNED TO AMEND THE ORDINANCE SO THAT A DANGEROUS DRUG MAY BE HELD TO BE IN TRANSIT ONLY IF IT HAS BEEN LAWFULLY EXPORTED FROM THE COUNTRY OF ORIGIN FOR LAWFUL IMPORTATION INTO THE COUNTRY OF DESTINATION, AND IF IT IS ACCOMPANIED BY VALID AUTHORISATIONS OR DIVERSION CERTIFICATES ISSUED BY THE EXPORTING COUNTRY WHICH IS A PARTY TO THE U.N. CONVENTIONS GOVERNING THE CONTROL OF DANGEROUS DRUGS, HE SAID.

DEBATE ON THE BILL WAS ADJOURNED TO JANUARY 25.

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