TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 75

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

will be an offence to make a false statement in complying or

purporting to comply with the order. Information obtained pursuant

to a discovery order cannot be disclosed except for the purposes of

proceedings under the Bill. Clause 21 enables the High Court or

District Court, on application by an authorized officer, to make an

order requiring a person in possession of books, records or documents

which are likely to be of value to a drug trafficking investigation

to produce the material for inspection or for examination elsewhere.

The powers are subject to specified safeguards. Clause 22 enables an

authorized officer to apply to the High Court or District Court for a

warrant to enter and search specified premises in certain circumstances

where the production order procedure in clause 21 is impracticable or

inappropriate. Clause 23 contains supplementary provisions relating

to clauses 21 and 22. Clause 24 provides that where proceedings for

a drug trafficking offence have been instituted or are about to be

instituted, the High Court may, on application by the prosecutor,

require a Government department or other specified public body to

disclose material in its possession, which relates to the defendant

or to any other person holding realisable property and which would

facilitate making and enforcing a restraint, charging or confiscation

order. Clause 25 makes it an offence, where proceedings have been

taken in respect of an order or warrant under clause 21 or 22, for

any person who knows or suspects that an investigation into drug

trafficking is taking place to make any disclosure which is likely to

prejudice the investigation.

6. Part V contains certain offences and miscellaneous

provisions.

Clause 26 makes it an offence for any person to take

part in any arrangements relating to funds or investments which

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