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CONFIDENTIAL
(g) mandatory forfeiture of vessels/vehicles involved in smuggling: the idea is to make forfeiture of vessels or vehicles used in the commission of major smuggling offences mandatory with the defence available to the owner that he had exercised all due diligence in respect of the use of the vessels or vehicles. We have received legal advice that this proposal would simply cause confusion in this area of forfeiture which is already adequately dealt with in the Import and Export Ordinance. The proposal is therefore pointless.
XCCI(92)48
Reduction in Speedboat Sightings
9
In noting the above proposals, Members may wish to know that there has been a significant reduction in speedboat sightings since February this year. Speedboat sightings since January 1991 are as follows -
1991
1991
1992
Jan
844
Jul
23
Jan
577
Feb
1427
Aug
104
Feb
1062
Mar
1447
Sep
349
Mar
648
Apr
530
Oct
384
Apr
569
May
12
Nov
565
May
147
Jun
12
Dec
946
Jun
116
10
The sharp reduction since February is attributable to successful enforcement operations in Hong Kong as well as increased liaison with China which has resulted in the Chinese side taking effective action against speedboat bases and the distribution network in Guangdong.
Conclusion
11
Smuggling into China is primarily a matter for the Chinese authorities. Tackling the problem at that end is the most effective way of curbing it. The recent decrease in speedboat sightings demonstrates that if the PRC has the will to take action against the problem, it can do so successfully. Enforcement action and new legislation in Hong Kong are of secondary effect in combatting the problem. As can be seen from paragraph 8, there is a limit to what new legislative measures can be introduced.
Executive Council
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