TNAG-1735-FCO40-2448-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 155

HONG KONG LEGISLATIVE COUNCIL

18 May 1988

1417

Second Reading of Bills

DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) (AMENDMENT) BILL 1988

THE FINANCIAL SECRETARY moved the Second Reading of: 'A Bill to amend the Dangerous Goods (Consignment by Air) (Safety) Ordinance'.

He said: Sir, I move that the Dangerous Goods (Consignment by Air) (Safety) (Amendment) Bill 1988 be read the Second time.

The purpose of this Bill is to amend the Dangerous Goods (Consignment by Air) (Safety) Ordinance to impose on a person who is convicted of an offence under the said Ordinance the liability for payment of the expenses incurred in the seizure, removal and detention of dangerous goods, and for those expenses to be recoverable as a civil debt.

The principal Ordinance was enacted in 1985 to establish a legal framework for the regulation and supervision of the transport of dangerous goods by air.

Section 4(1)(h) of the principal Ordinance empowers the Director of Civil Aviation to seize, remove and detain anything in respect of which he has reasonable ground for suspecting that an offence under the Ordinance has been committed. The Ordinance does not, however, require the owner of the seized goods to be liable for payment of costs associated with the seizure or storage of the goods in question. Any expenses incurred in exercising the powers under this section have to be borne by the Government, even if the person, from whose custody or possession the goods were removed, is convicted.

While no significant expenditure has been incurred in respect of such action since the enactment of the Ordinance, it is conceivable that costs could be considerable, if, for example, a large consignment of dangerous goods were seized and had to be held in storage at Government expense. It is wrong in principle that expenses arising from the commission of a criminal offence should be a charge on public funds.

The amendment proposed in this Bill, if enacted, will rectify the situation by making the person convicted responsible for the costs incurred.

Sir, I move that the debate on this motion be adjourned.

Question on adjournment proposed, put and agreed to.

ADMINISTRATION OF JUSTICE (MISCELLANEOUS AMENDMENTS) BILL 1988

THE ATTORNEY GENERAL moved the Second Reading of: 'A Bill to make better provision for the administration of justice in relation to the jurisdiction of the courts and tribunals and for connected purposes'.