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Mr.
an offence in order to deprive him of his gains from drug trafficking: it was
it was not a question of finding evidence for a conviction. Mr LEE said that in his view there was probably not much point in a search at this stage since the convicted person would probably have hidden his assets very well. search was required, the more draconian powers given to the ICAC for a very specific purpose should not be necessary and a search warrant from a Magistrate should be adequate. Mr LEE said that it was a very important principle in common law that a person's property should not be broken into or searched without a warrant, and this principle should not be eroded without very strong reasons. Mr Findlay said that the Administration, having reconsidered the proposal, was now happy to propose that search warrants should be required. CHEONG-LEEN said that he agreed with Mr LEE's comments and added that the ICAC was a smaller and more tightly controlled force than the Police and it would be easier for the Commissioner to exercise control over searches; it was also possible for the Police to act very quickly to obtain a search warrant. With the exception of Dr CHIU and Mr K C CHAN, other Members supported the proposal to require the Commissioner of Police or the Commissioner of Customs and Excise to obtain a warrant for searches. Mr Findlay suggested that, as a compromise, consideration might be given to enabling the Court to order a drug trafficker on conviction to disclose his assets. Mr CHAN said that he was in favour of pursuing this possibility. Mr WONG said that there would be an opportunity to examine the exact powers proposed for the Crown and the Courts when the bill was gazetted.
14.
On the question of the proposed increase in penalties, Members urged the Administration to make the penalties as high as possible: they suggested that the maximum fine should be as high as $50 million and that the life sentence should be a minimum of 25 years without remission. Mr Findlay said that the second suggestion might present difficulties since it would interfere with the Governor's powers of pardon and the system of remission: the Administration would nonetheless consider Members' views. Mr Daw said that the amount of the maximum fine was important because judges took it as an indication of the legislature's attitude towards the seriousness of the crime.
In reply to Mr WONG, Mr Mortimer said that the Administration would now report back to ExCo on the Panel's recommendations and then, subject to ExCo's advice, draft the legislation. Mr WONG thanked Messrs Jeaffreson, Findlay and Mortimer for attending the meeting.
15.
OF 323
OMELCO 13.2.87
CM/bf/01041
CONFIDENTIAL
機密
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