TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 6

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 & (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 rehabilitation 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 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 Pill has no Public Service staffing or

public expenditure implications.