XN000022-1989-07-10 — Page 4

MONDAY, JULY 10, 1989

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AMENDMENTS TO NEW DRUG TRAFFICKING BILL

* * * * * * *

OF

THE LEGISLATIVE COUNCIL

THE SECOND READING DEBATE ON THE DRUG TRAFFICKING (RECOVERY

WILL BE RESUMED

AT PROCEEDS) BILL MEETING ON WEDNESDAY (JULY 12).

1989

A NUMBER OF AMENDMENTS WILL ALSO BE MADE TO COMMITTEE STAGE FOLLOWING THE ADVICE

OF THE PROPOSED

THE BILL AT ITS OF AN AD HOC GROUP

THE OF EXAMINATION COUNCIL

FURTHER LEGISLATIVE

AND

CHANGES LEGISLATION BY THE GOVERNMENT IN THE LIGHT OF RECENT UNITED KINGDOM'S DRUG TRAFFICKING OFFENCE ACT 1986 WHICH THE MODELLED ON,

TO THE BILL 1.5

OF DRUG

TRAFFICKING

THE BILL AIMS TO CONFISCATE THE PROCEEDS AND TO COUNTER DRUG MONEY LAUNDERING IN HONG KONG.

DIFFERENT PROVI310NS ONE OF THE MAJOR AMENDMENTS IS TO ENABLE

DIFFERENT OF THE PROPOSED LEGISLATION TO BE BROUGHT INTO OPERATION AT

PARTICULARLY DATES. THIS WILL ALLOW MORE TIME FOR AFFECTED SECTORS, FINANCIAL INSTITUTIONS, TO MAKE NECESSARY ARRANGEMENTS TO COMPLY THE NEW REQUIREMENTS.

WITH

ANOTHER AMENDMENT

CONCERNS

RESPECT OF THE

THE

SEQUENCE

OF

AND

SENTENCING ITS ORIGINAL FORM STIPULATES CONFISCATION PROCEEDINGS, THE BILL IN

OFFENCE WILL DRUG TRAFFICKING THAT SENTENCING IN FOLLOW THE COURT'S DECISION ON CONFISCATION.

DONE. THIS WILL BE PERSON TO ANY ORDER

TO ALLOW JUSTICE TO BE BETTER SEEN TO BE AMENDED SO THAT THE COURT WILL SENTENCE THE CONVICTED IMPRISONMENT TERMS FIRST AND THEN DECIDE WHETHER A CONFISCATION SHOULD BE MADE.

AN ARRANGEMENT UNDER THE BILL, IT IS AN OFFENCE TO ENTER INTO

THE

OF A

PROCEEDS OF DRUG RETENTION

PERSON'S WHICH FACILITATES TRAFFICKING "KNOWING OR SUSPECTING" THAT PERSON IS A DRUG TRAFFICKER.

то

"SUSPECTING" PROVIDE

A

A COMMITTEE STAGE AMENDMENT WILL REPLACE THE WORD

BELIEVE". THIS WILL WITH "HAVING REASONABLE GROUNDS FAIRER AND MORE CERTAIN TEST OF LIABILITY IN THE CIRCUMSTANCES.

PROTECT

THE BILL TO

ETHICAL DUTY

THERE WILL ALSO

AN ADDITION TO BE PROFESSIONAL PEOPLE WHO DISCLOSE INFORMATION TO AN AUTHORISED OFFICER. THE PROTECTION IS AGAINST ALLEGATIONS OF BREACHES OF AN OF CONFIDENTIALITY TO THEIR CLIENTS.

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