TNAG-2697-FCO40-3903-Hong-Kong-drugs-1993 — Page 56

CONFIDENTIAL

For cision on

8 June 1993

HKA 3857.

Mus-Paris PA

7

1

XCC(93)85

Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

HICA 385/1

21 JU: 1993

Drug Trafficking (Recovery of Proceeds) Ordinance

(Chapter 405)

XY

DRUG TRAFFICKING (RECOVERY OF PROCEEDS) (DESIGNATED COUNTRIES AND TERRITORIES) (AMENDMENT) ORDER 1993

THE PROBLEM

A number of ambiguities have come to light in the Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) Order 1991 (the 1991 Order) since it was made. A challenge was made to the High Court in 1991 on a foreign confiscation order processed under the 1991 Order. To facilitate the proper operation of the Drug Trafficking (Recovery of Proceeds) Ordinance (the Ordinance), in so far as external confiscation orders are involved, the ambiguities in the 1991 Order should be removed.

RECOMMENDATION AND ADVICE SOUGHT

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It is recommended that under section 28 of the Drug Trafficking (Recovery of Proceeds) Ordinance, the Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) (Amendment) Order 1993 at the Annex (the Amendment Order) should be made, subject to the approval of the Legislative Council by resolution.

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Members will be asked to advise whether this recommendation should be approved.

Executive Council