1964_DANGEROUS_DRUGS_ORDINANCE — Page 10

1988 Ed.]

Dangerous Drugs

[CAP. 134

9

PART II

CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY,

DEALING IN OR WITH, MANUFACTURE AND

POSSESSION OF DANGEROUS DRUGS

Trafficking in dangerous drug

4. (1) Save under and in accordance with this Ordinance or a licence granted by the Director hereunder, no person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong-

(a) traffic in a dangerous drug;

(b) offer to traffic in a dangerous drug or in a substance he believes to be a

dangerous drug; or

(c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug or in a substance he believes to be a dangerous drug. (Amended, 37 of 1980, s. 2)

(2) Subsection (1) shall apply whether or not the dangerous drug is in Hong Kong or is to be imported into Hong Kong or is ascertained, appropriated or in existence.

(3) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable-

(a) on conviction on indictment, to a fine of $5,000,000 and to imprisonment for life; and

(b) on summary conviction, to a fine of $500,000 and to imprisonment for

3 years. (Amended, 43 of 1974, s. 2)

(4) This section does not apply to-

(a) a preparation specified in Part II of the First Schedule; or

(b) a dangerous drug which is in transit and-

(i) is in course of transit from a country from which it may lawfully be exported to another country into which it may lawfully be imported; and

(ii) was exported from a country which is a party to the Conventions and is accompanied by a valid export authorization or diversion certificate, as the case may be. (Replaced, 7 of 1984, s. 2)

Trafficking in purported dangerous drug

4A. (1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong-

(a) traffic in any substance represented or held out by him to be a

dangerous drug but which is not in fact a dangerous drug;

(b) offer to traffic in any substance represented or held out by him to be a

dangerous drug but which is not in fact a dangerous drug; or

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