TNAG-2406-FCO40-3499-Chinese-incursions-into-Hong-Kong-waters-smuggling.-With-pho-1992 — Page 54

For information on

28 July 1992

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CONFIDENTIAL

HKA 177/1

NOTE FOR EXECUTIVE COUNCIL

LEGISLATIVE PROPOSALS TO

COMBAT SMUGGLING

XCCI(92)48 Copy No.

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INTRODUCTION

This note informs Members of our current thinking on further legislative proposals to combat smuggling.

BACKGROUND

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In noting the contents of memorandum XCCI(92)31 on “Measures to Combat Smuggling" on 2 June 1992, Members requested, inter alia, that -

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(a)

(b)

an Information Note be prepared as soon as possible outlining progress in formulating legislative amendments which change smuggling from a summary to an indictable offence and increase the maximum penalties for smuggling offences; and

an Information Note be submitted to the Council in August 1992 reporting on progress in devising legislative proposals to control "chung feis".

The present information note covers both requests in order to provide Members with a comprehensive view of the proposals being considered.

Legislative Proposals

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As reported earlier to Members, we intend to propose that the major smuggling offences in the Import and Export Ordinance be made indictable in addition to being summary offences. These offences include alteration of a vessel or vehicle for the purpose of smuggling (section 14), construction of a vessel for the purpose of smuggling (section 14A), importing or exporting unmanifested cargo (section 18), assisting in the

P.a.pl 30/7

Executive Council