CONFIDENTIAL
FM HONG KONG
TO DESKBY 2009OOZ F C O
TELNO 169
OF 200745Z JANUARY 92
CONFIDENTIAL
HICC 241/1
AND TO DESKBY 20090OZ BONN
TOP COPY
Q DIST?
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
014425
MDHIAN 9802
134.
BONN PLEASE PASS TO GOVERNOR HONG KONG (VISITING)
YOUR TELNO 70: LEGISLATIVE AMENDMENTS CONSEQUENT TO COURT DECISIONS ON BOR RELATED CASES
1.
THE PROPOSED AMENDMENTS TO THE DANGEROUS DRUGS ORDINANCE CAN BE GROUPED UNDER THREE CATEGORIES ·
(A)
(B)
-
PROVISIONS RULED BY THE COURT OF APPEAL TO BE INCONSISTENT WITH THE BILL OF RIGHTS ORDINANCE, WHICH WILL BE DELETED OR RE-INTRODUCED WITH AMENDMENTS:
PROVISIONS WHICH WE THINK MAY BE SUBJECT TO BOR CHALLENGES, WHICH WILL ALSO BE AMENDED OR DELETED:
AND
(C)
OTHER AMENDMENTS IN RESPONSE TO COURT REMARKS UNRELATED TO THE BOR ORDINANCE.
2.
THE DANGEROUS DRUGS (AMENDMENT) BILL SEEKS TO ·
(A)
OF POSSESSION OF DANGEROUS DRUGS FOR THE PURPOSES OF UNLAWFUL TRAFFICKING:
spered to AMEND SECTION 4(1)(C) IN ORDER TO INCLUDE THE OFFENCE ag
a
(B)
REPEAL SECTION 7, WHICH PROVIDES FOR AN OFFENCE OF
from flok
(C)
に
(D)
POSSESSION OF DANGEROUS DRUGS FOR THE PURPOSES OF straps then 8
UNLAWFUL TRAFFICKING:
AMEND SECTION 8(2), TO INCREASE THE MAXIMUM PENALTIES FOR POSSESSION OFFENCES ON INDICTMENT TO 7 YEAR'S IMPRISON- MENT AND A FINE OF DOLLARS 1 MILLION:
REPEAL ALL OF SECTION 45 AND SUBSTITUTE A NEW SECTION IN WHICH THERE ARE NO PRESUMPTIONS CONCERNING MANUFACTURING, BUT THERE REMAINS A PRESUMPTION OF KNOWLEDGE:
1
PAGE CONFIDENTIAL
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