G.F. 323
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0003230
CONFIDENTIAL # 3
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The simplest and most effective change would be to remove the upper limit of $100,000 for the most serious offences, so that fines following convictions in respect of them could be unlimited as would have to be publicly
explained. It is recommended that this be done.
25.
There is no doubt that heavier sentences in
appropriate cases would make a substantial contribution
to the overall Government effort to overcome the narcotic
problem. Against the background of the new drive, with the attendant publicity, and given the ability of the Courts to deal more suitably with the victims of the
illegal narcotics trade by reason of the availability of new methods of treatment, it is hoped that the Courts can be persuaded to impose heavier sentences on those who
profit, at whatever level, from the illegal trade. It is proposed that :-
(a) Crown Counsel should take every suitable
(b)
(c)
opportunity to remind the courts of the
gravity of the problem and to emphasize that the trade can flourish only with low level
help;
other classes of offences should be taken
to the District Court or Supreme Court this applies particularly to divan keeping;
and
that the Crown should make full use of
its right to apply for a review of sentence with a view to a rise in the general level
of sentence for selected offences.
Law Enforcement.
(a) Present Responsibilities.
27.
The Royal Hong Kong Police Force and the Preventive Service both operate anywhere within the Colony's boundaries to detect offences against either the Dangerous Drugs Ordinance or the Pharmacy and Poisons Ordinance. They are independent units under their own
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