TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 3

the money to pay the debt to the Crown. The Panel favoured the confiscation orders proposal which it considered to be logical, sensible and fairer. The Panel made the following points about the confiscation orders scheme:

(a) the Commissioner of Police and Commissioner

(b)

of Customs and Excise should not be empowered to place restrictions on a suspect with regard

regard to the disposal or dealing in any property as the Commissioner of the ICAC is empowered to do. Instead, the Police or Customs should be required to apply to the court, ex parte, for an order to be made to prevent a suspect from disposing of his property. Application should also be made to the court to prevent some other person disposing of any property he may be holding on behalf of the suspect;

be

the Commissioner of Police and Commissioner of Customs and Excise should not empowered to authorize an investigation officer to search without a warrant as the Commissioner of the ICAC is empowered to do. Instead the Commissioners should be

required to apply for a search the normal way;

(c) under the proposed scheme, а

(d)

warrant in

new offence

would be created of assisting a person to launder the proceeds of drug trafficking. Banks and other financial institutions would be exempt from any liability for breach of contract if they passed on to the authorities the "suspicion" that any funds or investments might be connected with drug trafficking. The Panel was concerned that there might be difficulties for banks and financial institutions in the requirement for them to report any suspicion that funds. or investments might be connected with drug tafficking. The Panel felt that this might affect

bank's

reputation

for clients and

a

confidentiality with its suggested that provisions should be added to protect banks volunteering information and requiring that their names should not be disclosed in court;

there should be provision for compensation to be made for a person whose transaction delayed because of a bank's suspicion but whose money turned out to be legitimate;

was