TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 296

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13.48 Kgs of heroin found in the false bottoms of 5 suit-

cases. The 5 to whom the cases belonged were charged with

possession of and trafficking in dangerous drugs and the

other 4 with aiding and abetting. All 9 pleaded not guilty

and elected to go for trial in the High Court.

the

9. At the time of their arrest, the penalty for trafficking in dangerous drugs could be death or life imprisonment;

High Court had the power to order death sentences for

trafficking over 100 grams of heroin. On 16 April 1983 the

death sentence was made mandatory for trafficking 15 grams or

more of heroin.

10. After a trial lasting 40 days all 9 were found guilty on

7 May 1985; 8 were sentenced to death and one, Tam Tak Wai,

to life imprisonment and 8 strokes of the cane. Tam was the youngest of the group and the judge considered that there

were extenuating circumstances that justified a sentence of

life imprisonment.

11. The Supreme Court on 4 May 1989 dismissed the appeals

except for Tam Tak Wai who was acquitted on the grounds of

insufficient evidence.

12.

The official attitude towards drug offences in Malaysia

remains extreme. In 1986, 13 prisoners were hanged including

4 foreigners, one of whom was Barlow. In 1987, the figure

was 17 including 2 foreigners.

John Harian

JC Harrison

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