XN000022-1992-11-25 — Page 9

WEDNESDAY, NOVEMBER 25, 1992

BILL TO REMOVE DIFFICULTIES IN ENFORCEMENT

OVER FORFEITURE OF SEIZED GOODS

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THE DUTIABLE COMMODITIES (AMENDMENT) (NO. 2) BILL 1992 WHICH SEEKS TO REMOVE OPERATIONAL DIFFICULTIES FACING THE COMMISSIONER OF CUSTOMS AND EXCISE IN ENFORCING THE PROVISIONS OF THE DUTIABLE COMMODITIES ORDINANCE ON THE FORFEITURE OF SEIZED GOODS WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE BILL, THE ACTING SECRETARY FOR EXCISE THE TREASURY, MR KWONG KI-CHI, SAID MEMBERS OF THE CUSTOMS AND

THESE

DEPARTMENT PROCEDURES.

HAD EXPERIENCED PRACTICAL DIFFICULTIES IN ENFORCING

HE SAID EXTENSIVE, AND IN MANY CASES UNNECESSARY DOCUMENTATION WAS REQUIRED IN SERVING NOTICES.

"SERVICE OF NOTICES IS PARTICULARLY DIFFICULT IF THE OWNERS RESIDE OVERSEAS OR IF THE OWNERS 'DISAPPEAR' AFTER LODGING THE NOTICE OF CLAIM.

MR KWONG SAID CONFISCATED GOODS WERE ALSO POSING A SIGNIFICANT AND COSTLY STORAGE PROBLEM.

HE SAID A REVIEW HAD BEEN CONDUCTED ΤΟ STREAMLINE THE FORFEITURE PROVISIONS TO RESOLVE THESE PRACTICAL DIFFICULTIES.

COMMISSIONER

MR KWONG SAID THE BILL WOULD EMPOWER THE

ΤΟ DISPOSE OF SEIZED ARTICLES WHICH WERE PERISHABLE OR DIFFICULT TO STORE BEFORE THE CONCLUSION OF THE FORFEITURE PROCEEDINGS.

"THIS WILL PRODUCE SAVINGS IN STORAGE SPACE AND COST, HE SAID.

MAGISTRATE

IN

HE SAID THE BILL WOULD ALSO BROADEN THE CATEGORIES OF PEOPLE COULD MAKE A CLAIM TO THE COMMISSIONER OR THE FORFEITURE PROCEEDINGS.

WHO

"THIS WILL ENABLE ANYONE WITH A LEGITIMATE SEIZED GOODS TO COME FORWARD TO CLAIM THE GOODS.

INTEREST IN THE

IT NOW TAKES ON AVERAGE ABOUT 12 MONTHS TO CONCLUDE CRIMINAL AND FORFEITURE PROCEEDINGS.

"THE AMENDMENTS WILL SHORTEN THIS PERIOD BY UP TO SIX MONTHS IN CERTAIN CASES, MR KWONG SAID.

"

HE SAID THE BILL WOULD PRODUCE SAVINGS IN STAFF TIME AND THE STORAGE SPACE WITHOUT COMPROMISING THE FAIRNESS OF THE SYSTEM TO PUBLIC.

DEBATE ON THE BILL WAS ADJOURNED.

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