TNAG-2439-FCO40-3544-Hong-Kong-crime-1992 — Page 34

CONFIDENTIAL

XCCI(92)24

4

aims -

The Bill included the following main provisions to achieve these

(a)

(b)

(c)

the creation of new offences consisting of specified existing offences committed by a member of an organised crime group. These new offences would attract much higher maximum penalties than the existing offences;

the creation of a new offence of laundering money or other proceeds of organised crime;

empowering the Courts to order the confiscation of any benefit obtained by a person convicted of an organised crime offence, in addition to any other penalty imposed.

PUBLIC CONSULTATION

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The objectives of the Organised Crime Bill were generally and widely supported. However, the following general comments were also expressed on the detail of the proposals -

(a)

there was concern that the proposed new offences might not be the best way of achieving the objective of imposing heavier penalties on those involved in organised crime activities. The offence provisions were complex, which might make successful prosecution difficult in practice; proof of membership of an organised crime group relied on certain presumptions which might be challenged as contrary to the Bill of Rights Ordinance; and the proposals required the introduction of material at trial which might be considered overly prejudicial to the accused;

Executive Council