XN000022-1991-02-06 — Page 5

WEDNESDAY, FEBRUARY 6, 1991

(C)

WILL PROHIBIT THE CONSTRUCTION, MODIFICATION, OR REPAIR OF SPEEDBOATS DESIGNED FOR SMUGGLING PURPOSES.

AT THE SAME TIME, IN ORDER TO IMPROVE THE CO-ORDINATION OF ENFORCEMENT MEASURES BY THE VARIOUS AGENCIES, WE WILL BE ESTABLISHING A DEDICATED TASK FORCE UNDER THE CONTROL OF A SENIOR POLICE OFFICER. TASK FORCE, COMPRISING REPRESENTATIVES OF THE POLICE, MILITARY, CUSTOMS AND EXCISE DEPARTMENT AND OTHERS AS NECESSARY WILL CO-ORDINATE OPERATIONS AGAINST SMUGGLING TO AND FROM CHINA. IT WILL RECOMMEND FURTHER LEGISLATIVE OR OTHER MEASURES NECESSARY TO COMBAT THIS PROBLEM. IT WILL ALSO LIAISE AT AN OPERATIONAL LEVEL WITH THE CHINESE AUTHORITIES. THERE IS ALREADY CROSS-BORDER CO-OPERATION ON WHICH THE TASK FORCE CAN BUILD. THE CHINESE AUTHORITIES TAKE REGULAR ACTION AGAINST SMUGGLING BY SPEEDBOAT, AND WE HAVE PASSED TO THEM DETAILS OF BASES AND ROUTES WHICH WE BELIEVE ARE BEING USED BY SPEEDBOATS TO ASSIST THEM IN ENFORCEMENT.

ORGANISED CRIME

I SHOULD NOW LIKE TO TURN TO MEASURES TO COUNTER TRIAD AND ORGANISED CRIME. WE HAVE IN RECENT YEARS, ON THE ADVICE OF THE FIGHT CRIME COMMITTEE, INTRODUCED A NUMBER OF NEW LEGISLATIVE MEASURES ΤΟ ATTACK ORGANISED CRIME, AND TO DEPRIVE CRIMINAL SYNDICATES OF THE PROCEEDS OF CRIME. THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE PASSED BY THIS COUNCIL IN JULY 1989 PROVIDES FOR GREATER INTERNATIONAL CO-OPERATION AGAINST DRUG TRAFFICKING, AND MEANS TO COUNTER THE LAUNDERING OF DRUG MONEY AND FOR THE CONFISCATION OF THE PROCEEDS OF DRUG TRAFFICKING. THE GAMBLING (AMENDMENT) ORDINANCE 1990 AND THE CRIMES (AMENDMENT) ORDINANCE 1990 PROVIDED RESPECTIVELY FOR THE MORE EFFECTIVE ENFORCEMENT AGAINST ILLEGAL GAMBLING AND VICE, AREAS IN WHICH THERE IS WIDESPREAD ORGANISED CRIME INVOLVEMENT.

WE ALSO RECOGNISE THE NEED FOR NEW LEGISLATION TO ATTACK ORGANISED CRIME GENERALLY, INCLUDING PROVISION FOR THE CONFISCATION OF THE PROCEEDS OF ORGANISED CRIME. A GREAT DEAL OF RESEARCH HAS BEEN CONDUCTED INTO THE SCOPE AND OPERATION OF SUCH LEGISLATION OVERSEAS, AND WE ARE NOW IN THE POSITION WHERE WE CAN START DRAFTING OF LEGISLATION FOR HONG KONG. IT IS A VERY COMPLEX PIECE OF LEGISLATION WHICH WE ARE GIVING TOP PRIORITY TO THE TASK, AND HOPE TO BE ABLE TO PUBLISH OUR PROPOSALS FOR PUBLIC CONSULTATION IN THE FORM OF A WHITE BILL IN THE SUMMER OF THIS YEAR. THE MAIN OUTLINE OF SUCH A BILL IS LIKELY TO BE:

(A) THE INTRODUCTION OF A NEW OFFENCE FOR A PERSON TO TAKE

(B)

PART IN OR ASSIST A CRIMINAL ORGANISATION INVOLVED IN A PATTERN OF CRIMINAL ACTIVITY. A MAXIMUM PENALTY OF 25 YEARS' IMPRISONMENT IS LIKELY TO BE PROPOSED FOR THIS OFFENCE;

A CRIMINAL ORGANISATION WILL BE DEFINED AS A GROUP OF PEOPLE WHO JOIN FOR THE PURPOSE OF ENGAGING IN A PATTERN OF CRIMINAL CONDUCT. A TRIAD SOCIETY WOULD OBVIOUSLY FIT THIS DESCRIPTION AS WOULD CRIMINAL SYNDICATES WHICH ARE NOT TRIAD BASED OR WHICH ARE ONLY PARTLY TRIAD BASED;

/(C) A PATTERN