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Dangerous Drugs (Amendment) Bill 1997

Following is a speech by the Secretary for Security, Mr Peter Lai, in moving the second reading of the Dangerous Drugs (Amendment) Bill 1997 in the Legislative Council today (Wednesday):

Mr President,

time.

I move that the Dangerous Drugs (Amendment) Bill 1997 be read a second

The purpose of the Bill is to provide for heavier sentences for adult offenders who involve young persons in the commission of drug offences.

Between 1991 and 1995, we saw a rapid increase in the number of young persons arrested for trafficking and manufacturing of dangerous drugs, rising from 170 to 344. There is evidence to show that drug traffickers have increasingly exploited young persons in their illegal trade. Young people are used because they are cheaper to employ, easier to control, and less prone to attract police attention.

The Bill defines which offences under Part II and Part V of the Dangerous Drugs Ordinance are specified offences upon which an enhanced sentence may be imposed. It empowers a court to pass a more severe sentence on an adult drug offender convicted of a specified offence, if it is satisfied beyond reasonable doubt on the involvement of a minor in the commission of that offence. In order to provide a stronger deterrent effect, the Bill also extends a court's power to pass a more severe sentence to cover the inchoate offences of conspiracy to commit, inciting another to commit, attempting to commit, and aiding, abetting, counselling or procuring the commission of a specified drug offence.

Taking into account that the existing rights of the defendant to present mitigating circumstances to the court should not be prejudiced, the Bill allows an adult drug offender convicted of a specified offence to object to the reception of the information on the involvement of minors in the commission of the offence, and furnish other information to the court. Moreover, the Bill stipulates that the enhanced sentence passed for a specified offence must not exceed the maximum penalty permitted by law for that offence.