XN000022-1991-12-18 — Page 6

WEDNESDAY, DECEMBER 18, 1991

THE BILL DEFINED AN "ORGANISED CRIME GROUP" AS A TRIAD SOCIETY OR TWO OR MORE INDIVIDUALS ASSOCIATED TOGETHER TO REPEATEDLY COMMIT THE OFFENCES SET OUT IN SCHEDULE I OF THE BILL, WHICH INCLUDED DRUG TRAFFICKING, OPERATING ILLEGAL GAMBLING, ROBBERY AND BLACKMAIL.

"MY RESPONSE TO THIS IS THAT WE BELIEVE THE DEFINITION

HE SAID. REFLECTS THE REALITY OF ORGANISED CRIME GROUPS IN HONG KONG,

[

BUT THERE WAS MERIT IN THE SUGGESTION THAT WHAT "REPEATEDLY

HE SAID. COMMIT" MEANS SHOULD BE CLARIFIED. "WE WILL BEAR IT IN MIND,

SAID THE GOVERNMENT WOULD TAKE INTO CONSIDERATION THAT SCHEDULE I OF THE BILL BE EXPANDED TO SUGGESTIONS

COVER OTHER CRIMES SUCH AS BURGLARY AND ILLEGAL IMPORT AND SALES OF FIREARMS.

HE

HE GAVE AN ASSURANCE THAT THE GOVERNMENT WOULD NOT INCLUDE IN THE ORGANISED CRIME LEGISLATION ANY PROVISION WHICH WOULD RESULT IN THE DEFENDANT BEING FUNISHED TWICE.

THE GOVERNMENT'S OBJECTIVE WAS TO PRESCRIBE APPROPRIATE TO THE GRAVITY OF THE OFFENCE, HE SAID.

IN

PENALTIES

HAD

REFERRING TO THE MONEY LAUNDERING AND CONFISCATION PROVISIONS THE BILL, MR STRACHAN SAID THE MAIN COMMENT THE GOVERNMENT

WAS RECEIVED

BANKS THAT IT WOULD BE DIFFICULT FOR EMPLOYEES OF OTHER FINANCIAL INSTITUTIONS TO IDENTIFY WHETHER THEIR CLIENTS MEMBERS OF AN ORGANISED CRIME GROUP.

"SOME BELIEVE THAT THE REQUIREMENT TO REPORT WOULD CREATE UNNECESSARY BURDEN FOR FINANCIAL INSTITUTIONS, HE SAID.

++

AND

ARE

AN

HE CLARIFIED THAT THE BILL CREATED A NEW MONEY LAUNDERING

OFFENCE, NOT A NEW REPORTING DUTY.

"IF A PERSON FAILS TO REPORT A SUSPICIOUS ACTIVITY, HE DOES NOT COMMIT AN OFFENCE. IN FACT, THE REPORTING SYSTEM IN THE BILL SEEKS SAFEGUARD FINANCIAL INSTITUTIONS FROM INCURRING LEGAL LIABILITIES SHOULD THEY REPORT A SUSPICIOUS TRANSACTION."

"I

HE ADDED THAT THE GOVERNMENT WAS EXAMINING THE POSSIBILITY OF IN UP GENERAL MONEY LAUNDERING AND CONFISCATION LEGISLATION RESPECT OF ALL CRIMES.

DRAWING

REFERRING TO CONCERNS THAT THE BILL WOULD NOT BE EFFECTIVE IN DEALING WITH THE "GODFATHERS" OF CRIMINAL SYNDICATES, MR STRACHAN SAID THE PROPOSAL ON CORROBORATION WOULD HELP TO ENABLE MORE EFFECTIVE PROSECUTION OF "GODFATHERS"

REFERRING

·

ON

TO THE PROPOSAL IN THE BILL TO AMEND THE RULES JOINDER OF CHARGES TO ENABLE THE PROSECUTION TO PRESENT A FULL PICTURE OF THE CRIMINALITY

THE CHARGED, HE SAID THERE WERE CONCERNS THAT PROPOSAL MIGHT HAVE A PREJUDICIAL EFFECT ON THE DEFENDANT LEAD TO LONGER AND MORE COMPLEX TRIALS.

AND COULD

"THESE ARE VALID CONCERNS, HE SAID.

L

/ON CONCERNS