XN000022-1991-02-06 — Page 4

SMUGGLING

M

WEDNESDAY, FEBRUARY 6, 1991

CLOSELY

THEFTS, SIR.

LAW

CONNECTED WITH THE PROBLEMS OF FIREARMS AND VEHICLE WHICH I HAVE MENTIONED IS THE PROBLEM OF SMUGGLING BETWEEN HONG KONG AND CHINA, PARTICULARLY SMUGGLING BY SPEEDBOAT. BETWEEN JULY AND DECEMBER 1990, THERE WERE 273 CASES IN WHICH THE ENFORCEMENT AGENCIES SEIZED LARGE NUMBERS OF TELEVISION SETS, VIDEO CASSETTE RECORDERS, AIR CONDITIONERS AND REFRIGERATORS BOUND FOR CHINA. I HAVE ALREADY REFERRED TO THE PROBLEM OF THE SMUGGLING ор VEHICLES. AND THERE IS EVIDENCE TO SUGGEST THAT AT LEAST SOME OF THE FIREARMS USED IN CRIMES IN HONG KONG MAY HAVE BEEN BROUGHT IN BY SPEEDBOAT.

SMUGGLING BY

HIGH-POWERED SPEEDBOAT PRESENTS A MAJOR LAW ENFORCEMENT PROBLEM. THE SPEEDBOATS ARE DIFFICULT TO INTERCEPT SAFELY BECAUSE OF THE VERY HIGH SPEEDS AT WHICH THEY OPERATE AND THE AGGRESSIVE TENDENCY OF THEIR OWNERS AND CREW TO TAKE RISKS TO DEFEND THE CONSIDERABLE GAINS THAT CAN BE MADE. THE RECKLESS AND DANGEROUS MANNER IN WHICH THESE VEHICLES ARE OPERATED HAS THREATENED THE LIVES OF LAW ENFORCEMENT OFFICERS; ONE POLICE OFFICER WAS KILLED IN 1990 AND THREE INJURED LAST MONTH IN INCIDENTS DIRECTLY RELATED TO SPEEDBOATS.

IN THE FIRST HALF OF LAST YEAR, THE MAIN PROBLEM WAS THE SMUGGLING OF CIGARETTES. IN MAY 1990, WE TOOK MEASURES TO STOP THIS SMUGGLING BY RESTRICTING THE ISSUE OF EXPORT PERMITS FOR CIGARETTES. THIS PROVED SUCCESSFUL, AND THE SMUGGLING OF CIGARETTES BY SPEEDBOAT HAS VIRTUALLY CEASED. WE ALSO TOOK MEASURES TO RESTRICT THE EXPORT OF TELEVISION SETS AND VCRS ON SMALL BOATS WITHOUT A LICENCE, AND TO PREVENT THE LICENSING OF HIGH-POWERED SPEEDBOATS DESIGNED FOR SMUGGLING, BY RESTRICTIONS ON ENGINE SIZE AND FUEL CAPACITY. THESE MEASURES I HAVE TO SAY, HAVE HAD LIMITED EFFECT. OF THE 273 CASES IN THE LAST 6 MONTHS OF 1990 WHICH I HAVE MENTIONED, ONLY 193 RESULTED IN A SUCCESSFUL PROSECUTION; THE REMAINDER FAILED LARGELY BECAUSE OF THE DIFFICULTY OF PROVING INTENT TO EXPORT. AND WHILE THE BASING IN HONG KONG OF HIGH-POWERED SPEEDBOATS USED FOR SMUGGLING HAS BEEN GREATLY REDUCED, MANY HAVE BEEN REMOVED TO BASES IN CHINA FROM WHERE THEY CONTINUE TO CONDUCT SMUGGLING RUNS TO AND FROM HONG KONG.

WE BELIEVE THAT THE ANSWER TO THIS PROBLEM LIES NOT IN HIGH- SPEED CHASES AT SEA, NOR IN GREATER USE OF FIREARMS BY THE POLICE AGAINST SMUGGLERS. SUCH MEASURES ARE UNLIKELY TO BE EFFECTIVE, AND WOULD SIMPLY INCREASE THE DANGER TO THE MARINE POLICE. RATHER, WE BELIEVE THAT THE PROBLEM NEEDS TO BE TACKLED THROUGH CO-ORDINATED INTELLIGENCE BASED OPERATIONS ON LAND; NEW LEGISLATION TO ASSIST SUCH OPERATIONS; AND INCREASED AND MORE EFFECTIVE CO-OPERATION WITH THE CHINESE AUTHORITIES. WE SHALL, THEREFORE, BE BRINGING FORWARD IN THE NEXT FEW WEEKS, ADDITIONAL LEGISLATION WHICH:

(A)

(B)

AS

WILL PROHIBIT THE CARRIAGE OF RESTRICTED ARTICLES SUCH TELEVISION SETS, VIDEOS AND MOTOR VEHICLES ON SMALL VESSELS UNDER 250 TONS WITHOUT A CARRIAGE LICENCE ISSUED BY THE COMMISSIONER OF CUSTOMS AND EXCISE;

OR

WILL CREATE NEW OFFENCES OF ASSISTING IN THE EXPORT OF UNMANIFESTED CARGO, OR IN THE CARRIAGE OF PROHIBITED RESTRICTED ARTICLES, AND

/(c)

WILL