the petitioners had been sentenced to imprisonment, and forfeiture constitutes an additional penalty out of proportion to the technical nature of the offence;
the quantity of silver and gold involved would have no adverse effect on the economy of Hong Kong when compared to the total volume of daily trade in silver and gold in Hong Kong;
the petitioners' purpose in importing the silver and gold articles was to sell them and to use the proceeds to purchase consumer goods for use in their home county. There was no intention to make a profit or to defraud the governments of Hong Kong and China.
Comments on the ground of the claim
10
The claim made by one of the 22 petitioners (YEUNG Chau-wah) is not valid. This is because he denied ownership of any of the articles; his denial was accepted by the court; and no charge was brought against him. Members are invited, therefore, to consider the claim of the remaining 21 petitioners only.
11
The Director of Trade Industry and Customs has recommended that the petition should be rejected. The Attorney General, the Political Adviser and the Secretary for Security have also been consulted (as the case involves the politically sensitive subject of smuggling from China) and they support the recommendation made by the Director of Trade Industry and Customs.
12
The argument advanced at paragraph 9(d) above (i.e. that the importation of the silver and gold articles could have no adverse effect on Hong Kong's economy given the volume of trading in gold and silver in Hong Kong) is basically correct, but it overlooks the fact that the smuggling of goods into and out of China is a matter of serious concern to the Chinese Government, which has sought the Hong Kong Government's assistance in curtailing it. In this connection, it has been made clear to the Chinese Government that the Hong Kong Government strictly enforces the relevant statutory requirements (including the requirement to manifest cargo), prosecutes: those found with significant quantities of unmanifested cargo, and applies to the courts for their forfeiture. In the most serious cases, forfeiture of the vessels involved is requested. Against this background, there is a clear need for having effective deterrent measures and for upholding them.
CONFIDENTIAL #3
機密
No comments yet.
Private notes are available after approval.