XN000022-1991-02-27 — Page 12

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WEDNESDAY, FEBRUARY 27, 1991

HE SAID THE LAW ENFORCEMENT AGENCIES FACED THREE PARTICULAR DIFFICULTIES IN TAKING PROSECUTION ACTION AGAINST THOSE INVOLVED IN SMUGGLING UNDER THE LAW AS IT STOOD:

WHILE IT WAS AN OFFENCE TO EXPORT CERTAIN COMMONLY SMUGGLED ELECTRICAL GOODS SUCH AS TELEVISION AND VIDEO RECORDERS IN VESSELS UNDER 250 TONS, IT WAS IN MANY CASES NOT POSSIBLE то PROVE THE INTENTION TO EXPORT. THE CLAIM WAS OFTEN MADE THAT THE GOODS WERE DESTINED FOR AN OUTLYING ISLAND SUCH AS TAP MUN, ALTHOUGH THE VOLUME OF GOODS FOR WHICH THE DECLARED DESTINATION WAS THE OUTLYING ISLANDS WAS MUCH GREATER THAN DEMAND COULD POSSIBLY JUSTIFY.

THE GOVERNMENT BELIEVED THAT ONE EFFECTIVE MEANS OF DISRUPTING AND PREVENTING SMUGGLING WAS INTELLIGENCE-BASED OPERATIONS TO ARREST ON LAND THOSE WHO WERE ASSISTING SMUGGLING ACTIVITIES. BUT IT WAS AT PRESENT OFTEN NOT

POSSIBLE TO CHARGE SUCH PERSONS WITH ANY OFFENCE.

TYPE

AGENCIES

UNDER EXISTING LEGISLATION, THE LAW BNFORCEMENT WERE NOT ABLE TO TAKE ACTION TO PREVENT THE CONSTRUCTION, MAINTENANCE AND REPAIR OF THE

OF HIGH-POWERED SPEEDBOAT COMMONLY USED FOR SMUGGLING, EVEN THOUGH SUCH VESSELS WERE NOT LICENSEABLE IN HONG KONG.

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"IT IS THESE SHORTCOMINGS IN THE LAW WHICH THE PRESENT SEEKS TO REMEDY, HE SAID.

BILL

AS SMUGGLERS WOULD OFTEN PRODUCE MANIFESTS INDICATING THAT THE GOODS WERE DESTINED FOR ONE OF THE OUTLYING ISLANDS, MR ASPREY SAID THE GOVERNMENT PROPOSED CONTROLS ON THE CARRIAGE OF CERTAIN SPECIFIED GOODS IN HONG KONG WATERS.

"CLAUSE 10 WILL ENABLE THE GOVERNOR IN COUNCIL TO MAKE REGULATIONS CONCERNING THE CARRIAGE OF GOODS BY VESSEL..

"THE REGULATIONS WHICH HAVE BEEN APPROVED IN PRINCIPLE BY THE GOVERNOR IN COUNCIL WILL MAKE IT AN OFFENCE TO CARRY ON VESSELS WITHIN THE WATERS OF HONG KONG WITHOUT LAWFUL EXCUSE TELEVISION SETS, VIDEO CASSETTE RECORDS AND PLAYERS, AIR CONDITIONERS, REFRIGERATORS, VEHICLES AND VEHICLE PARTS," HE SAID.

HE ADDED THAT THE DIRECTOR GENERAL OF TRADE WOULD BE EMPOWERED TO AMEND THE LIST OF RESTRICTED GOODS.

"LAWFUL EXCUSE WILL BE DEFINED SO THAT LEGITIMATE TRADE AND THE CARRIAGE OF PERSONAL BELONGINGS, WILL BE VIRTUALLY UNAFFECTED.

"THE CARRIAGE OF THE SPECIFIED GOODS ON SMALL VESSELS UNDER 250 TONS, ON LAUNCHES OR FERRIES, EXCEPT AS PERSONAL BELONGINGS, WILL NOT BE PERMITTED UNLESS WITH A CARRIAGE PERMIT ISSUED BY THE COMMISSIONER OF CUSTOMS AND EXCISE WHO WILL NOT ISSUE SUCH A LICENCE UNLESS HE IS SATISFIED THAT THE COURIER IS INVOLVED IN LEGITIMATE TRADE.

/"THE MAXIMUM