HONG KONG LEGISLATIVE COUNCIL
12 July 1989
香港立法局
一九八九年七月十二日
36
behalf of another person proceeds of drug trafficking if he entered into the
agreement "knowing or suspecting" that the latter person was a drug trafficker or had benefited from drug trafficking.
The banking sector is concerned that given the large volume of cash transactions in Hong Kong, tellers would be exposed to undue risks of contravening the law since they might not have the expertise to determine, under prevailing circumstances, what constitutes a suspicious transaction. It is also argued that suspicion, being a state of mind, should not lead to criminal liability. A proposal was therefore made that the requirement for banks to report such transactions be replaced by a cash limit, above which all transaction should be reported, or to replace the word "suspect" by "believe". This proposal is aimed at removing the uncertainty by stating clearly the potential liability of the banks.
The ad hoc group has discussed this point thoroughly and agreed that although the cash limit approach would lead to abuse; nevertheless, an alternative formulation of "having reasonable grounds to believe" should produce an acceptable balance between the need to minimize the burden placed upon innocent parties on the one hand, and the need to encourage people to report suspicious transactions on the other. Here the Legislative Council in-house meeting has given us the full support and at the end our suggestion was accepted by the Administration and a Committee stage amendment will be moved to effect this agreement.
The final issue which I would like to mention concerns the definition of "broadcast" under clause 26(9). The ad hoc group is of the view that the existing definition which covers the specific means of radio, film, video tape or television may not provide adequate protection against the revelation of the identity of a person who has made disclosure of a suspicion or belief that any funds or investments are derived or used in connection with drug trafficking. The definition also appears too rigid and may not be able to keep pace with advances in the field of communication technology. Accordingly an amendment will be moved at Committee stage to widen the definition so that it covers not only those means specifically mentioned, but also other similar means of broadcasting. This should be able to give better protection to the informant and subject the definition to a more flexible interpretation.
Sir, my colleagues believe that the introduction of this Bill is not only aimed at discharging our obligations towards international efforts in investigating drug trafficking. We simply do not believe that drug traffickers should be allowed to enjoy their ill-gotten gains and we are now taking effective measures so that
No comments yet.
Private notes are available after approval.