TNAG-1106-FCO40-1356-Narcotics-problem-in-Hong-Kong-1981 — Page 17

CODE 18-77

SS 8/78

Reference

Mr Searle HKGD

HICK 385/1

My No. 51

1 SEP 1981

DESK OF

INDEX

NO

PA

C.C.E. 17/9

PUB1713

THE DANGEROUS DRUGS (AMENDMENT) ORDINANCE 1981

1. As I have noted on the proforma circulation list, I see no reason for disallowing this Ordinance. However, I think it might be as well to draw attention of the Hong Kong authorities to a possible difficulty.

By section 49D (1) "any person who discloses any record of confidential information which is kept by the Registry commits

11

...

an offence.' Section 49A includes amongst the definitions of confidential information information which is recorded by the Registry which relates to the conviction of a person for an offence under the Ordinance. Information relating to convictions will, presumably, be held by other departments or agencies of the Government of Hong Kong as well as by the Registry and there is a danger that such information which may be disclosed from other sources could render a person liable to prosecution because it is also recorded in the Registry. Section 49H is some safeguard against persons being prosecuted under this part because they have disclosed such information. But the Attorney-General's office might be asked to consider, when they next amend the Dangerous Drugs Ordinance, whether there is not a need to include in Section 49A some provision excluding from the definition "confidential information" information relating to a conviction which is public knowledge, in the sense that it has appeared in the press or it is maintained on, e.g., police records, which it may be proper to disclose to a court or more widely.

of

Paul Fifoot

Legal Counsellor

11 September 1981