XN000022-1992-11-25 — Page 8

WEDNESDAY, NOVEMBER 25,

1992

MOVING THE SECOND READING OF THE BILL, THE ACTING SECRETARY FOR TRADE AND INDUSTRY, MS DENISE YUE, SAID OWING ΤΟ AN INCREASE IN SMUGGLING ACTIVITIES IN RECENT YEARS, THE COMMISSIONER OF CUSTOMS AND EXCISE HAD TO STORE AN INCREASING AMOUNT OF SEIZED ARTICLES.

SINCE 1988, THE STORAGE SPACE REQUIRED HAD INCREASED FIVE TIMES AND ADDITIONAL COSTS HAD BEEN INCURRED.

"AMENDMENTS ARE PROPOSED TO ENABLE THE COMMISSIONER, SUBJECT TO ADEQUATE CHECKS AND BALANCES, TO DISPOSE OF THOSE SEIZED ARTICLES WHICH ARE PERISHABLE OR DETERIORATING IN NATURE OR DIFFICULT TO STORE, PRIOR TO CONCLUSION OF ANY FORFEITURE PROCEEDINGS, SHE SAID.

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PRESENT, THE COMMISSIONER IS OBLIGED TO SERVE NOTICES OF SEIZURES ON ALL PARTIES WHO APPEAR TO HIM TO BE ASSOCIATED WITH SEIZED GOODS.

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"THERE ARE DIFFICULTIES IN SERVING NOTICES OF SEIZURES ON PERSONS WHO DO NOT HAVE A PERMANENT ADDRESS IN HONG KONG, SHE SAID.

MS YUE SAID AMENDMENTS WERE PROPOSED TO LIMIT THE CIRCUMSTANCES UNDER WHICH THE COMMISSIONER NEEDED TO SERVE A NOTICE OF SEIZURE TO THE OWNER, AND TO BROADEN THE CATEGORIES OF PERSONS WHO COULD MAKE A CLAIM TO THE COMMISSIONER AND TO THE MAGISTRATE IN A FORFEITURE HEARING.

"THIS WOULD ALLOW MORE EFFICIENT USE OF RESOURCES BY THE COMMISSIONER WITHOUT COMPROMISING THE PRINCIPLE OF EQUITY, SHE ADDED.

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THE SECRETARY SAID IT TOOK ON AVERAGE ABOUT 12 MONTHS FROM POINTS OF SEIZURE то CONCLUDE THE CRIMINAL AND FORFEITURE PROCEEDINGS OF A NORMAL CASE OF PROSECUTION UNDER THE ORDINANCE.

THE

WHERE THE CLAIMANT OF THE SEIZED GOODS WAS ALSO THE DEFENDANT OF THE FORFEITURE PROCEEDINGS, SHE SAID THE AMENDMENTS WOULD SHORTEN THE PROCEEDINGS BY SIX MONTHS.

THIS WOULD HELP ECONOMISE THE USE OF RESOURCES BY THE COMMISSIONER, THE ATTORNEY GENERAL AND THE JUDICIARY AND ALSO HELP ALLEVIATE THE STORAGE PROBLEM.

AS ΤΟ THE PROPOSAL TO INCREASE THE MAXIMUM PENALTIES FOR OFFENCES RELATED TO STRATEGIC COMMODITIES, MS YUE SAID THIS WAS A PREVENTIVE MEASURE TO PROVIDE AN ADEQUATE DETERRENT AGAINST ILLEGAL TRADE IN WEAPONS AND GOODS WITH MILITARY APPLICATIONS.

STRATEGIC COMMODITIES OFFENCES, WHEN TRIED ON INDICTMENT, WOULD ATTRACT A MAXIMUM PENALTY OF SEVEN YEARS' IMPRISONMENT AND AN UNLIMITED FINE, IN LINE WITH THE PENALTIES

OTHER COMMON LAW JURISDICTIONS, SHE ADDED.

IN

THE MAXIMUM PENALTY FOR OFFENCES ON SUMMARY CONVICTION WOULD

REMAIN UNCHANGED.

DEBATE ON THE BILL WAS ADJOURNED.

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