Drug trafficking ordinance to be amended
The Drug Trafficking (Recovery of Proceeds) Ordinance is to be tightened up to provide more effective enforcement and better compliance with international standards.
A Bill to amend the Ordinance will be published in the Gazette on Thursday (April 13).
The intention to introduce legislative amendments was announced by the Governor at his summit meeting on drugs held on March 6.
The Commissioner for Narcotics, Mr Alasdair Sinclair, said: "The proposed amendments will help prevent convicted criminals from retaining their drug proceeds.
"Operational experience has revealed some areas where the Ordinance needs to be rewarded," he added.
The Commissioner cited several examples of gaps in the current law;
If a defendant absconds or dies before conviction, the proceeds of his drug trafficking cannot be confiscated.
If additional proceeds are discovered after a confiscation order has been made, the prosecutor cannot apply to have the amount of the order increased.
Production orders only apply to information that is already in existence, meaning that a fresh order has to be obtained whenever updated information is required.
It is not clear at present whether a drug trafficker can be charged with money laundering in relation to his own proceeds.
Mr Sinclair said under the proposed amendments it would still be necessary to prove beyond reasonable doubt that a person was guilty of a drug trafficking offence.
"However, once his guilt has been established, it is proposed that the amount by which he has benefited should be determined on the standard of proof applicable to civil proceedings, as is the practice in the United Kingdom," he said.
The Commissioner noted that legislation in Hong Kong already met many of the international requirements in this area but it was necessary to bring it up to date.
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