TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 98

145

CONFIDENTIAL

014425

MDHIAN 9802

REPEAL SECTIONS 46 AND 48 CONTAINING PRESUMPTIONS CONCERNING PRESCRIBED MINIMUM AMOUNTS OF DRUGS AND DIVANS:

(E)

at min.

AND

I)

II)

III)

3.

REPEAL SECTION 47 AND SUBSTITUTE A NEW SECTION WHICH

LIMITS THE SCOPE OF THE PRESUMPTIONS BY DEFINING POSSESSION TO MEAN PHYSICAL POSSESSION AND BY LIMITING THE PRESUMPTIONS TO CERTAIN PARTICULAR SITUATIONS WHERE THE PRESUMPTIONS ARE LIKELY TO BE REGARDED AS RATIONAL AND PROPORTIONAL TO THE PROBLEMS THEY ADDRESS:

COMPLIES WITH THE APPEAL COURT DECISIONS: AND

REPEALS THE PRESUMPTION OF POSSESSION ON THE BASIS OF DOCUMENTS.

THE ACETYLATING SUBSTANCES (CONTROL) (AMENDMENT) BILL SEEKS TO MAKE AMENDMENTS TO SECTIONS 10 AND 11 WHICH ARE SIMILAR TO THOSE MADE TO SECTIONS 45 AND 47 OF THE DANGEROUS DRUGS ORDINANCE.

4.

FORD

GRATEFUL FOR A REPLY DESKBY 21003OZ.

YYYY

MAIN

60

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

PUSD

HD/FED

NEWS D

ADDITIONAL

4

DISTRIBUTION

64

PLANNERS

RAD

PS/LORD CAITHNESS PS/MR LENNOX-BOYD

SIR J COLES

MR BURNS

MS BARRETT LEGAL ADVISERS