Amendment of section 48.
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(j) 0.2 gramme of—
(i) alpha-methylphenethylamine;
(ii) its optical isomers;
(iii) any synthetic compound structurally derived from any of those substances by substitution at the nitrogen atom;
(iv) any salt of any substance falling within this paragraph; or
(v) any preparation, mixture, extract or other sub- stance containing any proportion of a substance specified in this paragraph;
(k) two and one half grammes of methaqualone or its derivatives, or of a preparation, mixture, extract or other material containing any proportion of methaqualone or its derivatives;
(1) two grammes of quinalbarbitone or a salt of quinal- barbitone or of a preparation, mixture, extract or other material containing any proportion of quinalbarbitone or a salt of quinalbarbitone,”.
3. Section 48 of the principal Ordinance is amended by deleting subsection (2) and substituting the following-
"(2) Any person found in or escaping from a divan shall, until the contrary is proved, be presumed-
Amendment of
4.
section 54A.
(a) to have been smoking, inhaling, ingesting or injecting a
dangerous drug therein; and
(b) to have known the nature of such drug.".
Section 54A of the principal Ordinance is amended—
(a) in subsection (1)—–
(i) by deleting "No" and substituting the following-
"Subject to subsection (1A), no”;
(ii) by deleting all that occurs after “(as defined in the Drug Addiction Treatment Centres Ordinance)" and substituting a full stop;
(b) by inserting, after subsection (1), the following-
“(IA) Subsection (1) shall not apply where a person is convicted of an offence against section 8 or 36 or of offences against both those sections and that person-
(a) is convicted in the same proceedings of any other offence and is sentenced for that other offence to imprisonment for more than 9 months; or
(b) is at the time of conviction serving a term of
imprisonment of more than 9 months,
but, in such a case, the court may if it thinks fit consider a report specified in subsection (1) before sentencing that person for the offence against section 8 or 36.
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(IB) Where a court is required or has decided to consider a report under this section before sentencing a person but has not received such a report, it shall remand that person in the custody of the Commissioner of Correctional Services for such period, not exceeding 3 weeks, as the court thinks necessary to enable such a report to be made."; and
(c) in subsection (2) by deleting "subsection (1)" and substituting the
following
"this section".
Explanatory Memorandum
This Bill amends three provisions in the principal Ordinance. 2. Under section 46, a person found in possession of more than a specified quantity of a dangerous drug listed in that section is presumed to have been trafficking in that drug. Clause 2 brings four dangerous drugs found in any form within that presumption and clarifies one existing provision.
3. Section 48(2) provides that a person found in or escaping from a divan is presumed to have been smoking, inhaling, ingesting or injecting a dangerous drug there. Clause 3 adds a further presumption to the effect that the person knew the nature of the drug.
4. Under section 54A a court may not impose a custodial sentence on a person for an offence against section 8 (simple possession of a dangerous drug) or section 36 (possession of a pipe or other equipment) unless it has considered a report on the suitability of that person for cure and rehabilita- tion and on the availability of places at addiction treatment centres. Clause 4 provides that the court need not consider such a report (but may if it thinks fit to do so) where the person is also convicted of another offence and is sentenced to imprisonment for more than 9 months or is already serving a term of imprisonment of more than 9 months.
5. The Bill has no Public Service staffing or public expenditure implications.
No comments yet.
Private notes are available after approval.