TNAG-0505-FCO40-570-Review-of-narcotics-problem-in-Hong-Kong-1974 — Page 161

A

CONFIDENTIAL

For discussion

on 11th June 1974

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XCC(74)40.

Copy No.30...

MEMORANDUM FOR EXECUTIVE COUNCIL

THE PROBLEM OF NARCOTICS IN HONG KONG

DANGEROUS DRUGS (AMENDMENT) BILL 1974 ---CORPORAL PUNISHMENT (AMENDMENT) BILL 1974

14KX19/2

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Honourable Members will recall discussing on 27th November 1973 Paper IV The Law and Law Enforcement - in the series about the illicit drug trade prepared by the Commissioner for Narcotics. A copy of memorandum XCC(73)99 is at Annex A.

C.S. 166

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Council advised and the Governor ordered that the re- commendations summarised in paragraph 3 of the memorandum regarding Paper IV be accepted subject to:

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(a) the proposals in paragraph 3(b) and (d) being

further examined after the advice of ACAN has been sought and the Chief Justice consulted;

(b) replacement of paragraph 3(f) by the following

"in addition to the offences of major trafficking (importing) and manufacturing heroin other drug offences should also be taken to the District Court or the Supreme Court: this applies particularly to divan keeping"; and

(c) by adding the words "at a senior level" after

"liaison" in the second line of paragraph 3(m).

This memorandum is concerned primarily with the pro- posals at paragraph 3(b) and (d) which referred to mandatory sentences and the removal of the upper limit on fines respectively.

Mandatory Sentences

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The advice of ACAN has been obtained and the Attorney General has explained to the Committee the appeal courses open to him in cases where sentences are deemed to be manifestly inadequate. ACAN appreciated the Judiciary's dislike of mandatory sentences and

CONFIDENTIAL

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