TNAG-0505-FCO40-570-Review-of-narcotics-problem-in-Hong-Kong-1974 — Page 163

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CONFIDENTIAL

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G

機 密

XCC(74)40

The maximum penalty for manufacturing a dangerous drug in section 6, including the proposed amendment in the previous paragraph, is increased from life imprisonment and $100,000 to life imprisonment and $1 million. All cases are tried on indictment,

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The maximum penalties in section 7, possession of a dangerous drug for the purpose of trafficking, are increased as for trafficking in section 4 (paragraph 9 above).

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The maximum penalties in section 35 for keeping a divən are raised from 15 years and $100,000 on indictment to 15 years and $1 million, and on summary conviction from 3 years and $100,000 to 3 years and $500,000.

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In section 37, wilfully permitting a premises to be used as a divan, or for unlawful trafficking in, or for the unlawful manu- facture or storage of a dangerous drug, the maximum penalty on indictment is increased from 10 years and $50,000 to 15 years and $1 million, and on summary conviction from 3 years and $10,000 to 3 years and $500,000.

ان

C.S. 166

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In section 38(4) the fine is increased from $10,000 to $500,000. This refers to a person or company in control of a premises who or which, having been notified in writing that they have been used in respect of an offence under sections 4, 6, 7, 35 or 37 of the Ordinance, knowingly permits them to be used for any of these offences again within twelve months of receiving the notice.

Corporal Punishment (Amendment) Bill 1974

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At Annex C is a bill to amend the Corporal Punishment Ordinance (Chapter 222). This arises from the proposal in paragraph 3(c) of Annex A. Its purpose, as stated in the explanatory memo- randum, is to make male persons convicted of the major drug offences which are generally committed for profit subject to the provisions of the Corporal Punishment Ordinance. The bill also authorises the corporal punishment of male persons who, while in the custody of the Commissioner of Prisons, are guilty of possessing, or smoking, inhaling, ingesting or injecting, a dangerous drug, or of possessing paraphernalia for the purpose of doing so.

The bill has the support of ACAN.

CONFIDENTIAL

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