TNAG-1710-FCO40-2386-Royal-visits-from-the-UK-to-Hong-Kong-1987 — Page 47

1.

REFORMULATION OF ARTICLES CONSIDERED BY THE EXPERT GROUP

Article 2

OFFENCES AND SANCTIONS

Each Party shall adopt such measures as may be necessary to establish as offences under its criminal law, when committed intentionally:

(a) (i) illicit traffic

(ii) manufacture or distribution of materials or equipment for

illicit production, processing or manufacture of narcotic drugs or psychotropic substances, knowing that they are to be used for that purpose;

(iii) concealment, disguise or conversion of the nature, source,

disposition, movement or ownership of property, knowing that such property is derived from illicit traffic;

(b) subject to its constitutional limitations, legal system and domestic law,

2.

(a)

(i) acquisition, possession or use of property knowing that such

property is derived from illicit traffic;

(ii) possession of materials or equipment for illicit production,

processing or manufacture of narcotic drugs or psychotropic substances, knowing that they are being or to be used for that purpose;

(iii) participation in, association or conspiracy to commit, attempts

to commit, and aiding, abetting and counselling the commission of any offences under subparagraphs (a)(i), (ii) and (iii) and under (i) and (ii) of this paragraph.

Each Party shall make the commission of the offences set forth in paragraph 1 of this article liable to sanctions which take into account the grave nature of these offences, such as imprisonment or other forms of deprivation of liberty, pecuniary sanctions and forfeiture.

(b) Parties may provide, in addition to conviction or punishment, that the offender shall undergo measures such as treatment, education, aftercare, rehabilitation or social reintegration.

(c)

Notwithstanding the preceding subparagraphs, in appropriate cases of a minor nature, Parties may provide, as alternatives to conviction or punishment, measures such as education, rehabilitation or social reintegration, as well as, when the offender is a drug abuser, treatment

and aftercare.