XN000022-1996-05-22 — Page 31

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Resolution to increase fines in drug offence

Following is the speech by the Secretary for Security, Mr Peter Lai, in moving the resolution to increase the fines in the Dangerous Drugs Ordinance and Dangerous Drugs Regulations in the Legislative Council today (Wednesday):

Mr President,

I move the resolution standing in my name on the Order Paper.

Section 100A(1) of the Interpretation and General Clauses Ordinance (Cap 1) provides that the Legislative Council may, by resolution, amend any Ordinance so as to increase the amount of any fine specified in that Ordinance, as well as the amount of any fine specified in that Ordinance as an amount that may be prescribed in subsidiary legislation made under the Ordinance.

The motion before Members seeks to:

(a)

(b)

increase the maximum level of the fine specified under section 51(2) of the Dangerous Drugs Ordinance, from $50,000 to $450,000, as an amount that may be prescribed in subsidiary legislation made under the Ordinance; and

increase the maximum fine specified in Regulation 5(7) of the Dangerous Drugs Regulations, from $50,000 to $450,000, which may be imposed by the court for any offence in contravention of the record- keeping requirements stipulated in the Dangerous Drugs Regulations.

The Dangerous Drugs Regulations set out, inter alia, record-keeping requirements to be adhered to by an authorised person when supplying a dangerous drug. This is to ensure that full particulars of the acquisition and supply of dangerous drugs are recorded. Such records facilitate the monitoring of the acquisition and supply of dangerous drugs by authorized persons. The present maximum penalty stipulated under Regulation 5(7), and capped by section 51(2) of the principal Ordinance, for any offence in contravention of the record-keeping requirements, is $50,000 and imprisonment for three years.

Taking into account the fact that the fine has not been revised since 1969, the seriousness of the offence, the community's concern about the problem of illicit sale of dangerous drugs, and the need to keep the fine at a sufficiently high level to maintain its deterrent effect, we propose to increase the maximum level of fine from $50,000 to $450,000.