TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 151

Article 2 *

PENAL PROVISTONS

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ADEQUACY OF SANCTIONS

E/CN.7/1987/2

рабе 7

1. Subject to its constitutional limitations, legal system and domestic law, cach Party shall adopt such measures as may be necessary to establish as

serious offences under its criminal law:

(a) Illicit traffic;

(b) Manufacture, distribution or possession of materials or equipment intended for use in the illicit production or manufacture of narcotic drugs. or psychotropic substances;

(c) Acquisition, possession, transfer or laundering of proceeds derived from or used in the illicit traffic;

(d) Intentional participation in, conspiracy to commit, attempts to commit, and aiding, abetting and counselling the commission of any offences under subparagraphs (a), (b), and (c).

2.

Offences enumerated in paragraph 1 of this article shall be made liable to adequate punishment, including in particular:

(a) Imprisonment or other forms of deprivation of liberty for a

substantial period of time;

(b) Pecuniary penalties or fines commensurate to the nature and gravity of the offence;

&

(c) Forfeiture of goods or property involved in the perpetration of the offence;

(d) Forfeiture of proceeds as provided in article 3 of this Convention;

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3. The Parties shall take into consideration, where possible, constituting aggravating circumstances for offences enumerated in paragraph 1 of this article:

(a) The involvement of organized criminal groups;

(b)

The use of firearms or violence;

(c)

(d)

The fact that the offender holds a public office; The victimization of minors.

Each of the offences enumerated in paragraph 1 of this article, if committed in different countries, shall be considered a distinct offence.

4.

5. Foreign convictions for the offences enumerated in paragraph 1 of this article shall be taken into account for the purpose of establishing recidivism.

6.

Offences enumerated in paragraph 1 of this article committed either by nationals or by non- nationals shall be prosecuted either by the Party in whose territory the offence was committed or by the Party in whose territory the offender is found.

* Refers to element (i)