TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 276

CONFIDENTIAL

16

r discussion

on 24 March 1987,

HD 385/

REVE

1 S MAR 1987

1:200/35

Introduction

XCC (87) 50 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

Dangerous Drugs Ordinance (Chapter 134)

ANGEROUS DRUGS (AMENDMENT) BILL 1987

33

The Boston

PARI

Annexed for Members' consideration is the Dangerous Drugs (Amendment) Bill 1987 which seeks to amend the Dangerous Drugs Ordinance (Chapter 134) So as to introduce presumptive levels in respect of any form of four dangerous drugs in order to determine whether possession was for the purpose of trafficking; to provide that a person in a divan is presumed to know the nature of the drug he has been taking; and to set out the circumstances in which the courts need not consider a Drug Addiction Treatment Centre report.

The Bil1

Presumptive levels for dangerous drugs under section 46

2

that any person who is proved possession any dangerous drug the specified

Specified level

level for that is proved, be

The Ordinance provides or presumed to have had in his the quantity of which exceeds particular drug shall, until the contrary presumed to have had such drug for the purposes of trafficking in it. The maximum penalty for possession for the purpose of trafficking in a dangerous

a dangerous drug is life

drug is life imprisonment and a fine of $5 million. Under this section, presumptive levels set in respect of any form of some of the more commonly abused dangerous drugs such as heroin and cannabis.

are

3

Presumptive levels are also set for any

any dangerous drug contained in tablets Or capsules. At present no presumptive level is set for certain dangerous drugs found otherwise than in tablet or capsule form. Specifically, there are no presumptive levels for cocaine, amphetamines (the full chemical name is alpha-methylphenethylamine), methaqualone (mandrax) and quinalbarbitone (seconal) found otherwise than in tablet or capsule form. It is proposed (Clause 2 of the Bill) that the presumptive levels for these dangerous drugs found in any form be set as follows:

Cocaine Amphetamines Methaqualone Quinalbarbitone

5

grammes

-

0.2

grammes

-

-

2.5 grammes

2 grammes

CONFIDENTIAL