1964_DANGEROUS_DRUGS_ORDINANCE — Page 15

CAP. 134]

Dangerous Drugs

[1988 Ed.

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 6 months.

Dangerous drug in transit

14. (1) If a dangerous drug which is in transit-

(a) is not in course of transit from a country from which it may lawfully be exported to another country into which it may lawfully be imported;

or

(b) was exported from a country which is a party to the Conventions and was not accompanied by a valid export authorization or diversion certificate, as the case may be,

the person by whom the dangerous drug was imported shall, unless, in the case of a contravention of paragraph (b), he shows that he had taken all practicable steps to ensure that the said paragraph was complied with, be guilty of an offence and shall be liable on conviction on indictment, to a fine of $100,000 and to imprisonment for 10 years and on summary conviction, to a fine of $10,000 and to imprisonment for 3 years. (Amended, 46 of 1978, s. 3)

(2) Save under and in accordance with a removal licence issued by the Director under section 15, no person shall-

(a) remove a dangerous drug which is in transit from the ship, aircraft, vehicle or train in which it was imported into Hong Kong; or

(b) in any way move a dangerous drug in Hong Kong after its removal from the ship, aircraft, vehicle or train in which it was imported into Hong Kong.

(3) No person shall-

(a) cause a dangerous drug which is in transit to be subjected to any process which alters its nature; or

(b) wilfully open or break any package or other thing containing a dangerous drug which is in transit,

except on the instructions of the Director and in such manner as he may direct.

(4) Save under and in accordance with a diversion licence issued by the Director under section 16(1), no person shall cause a dangerous drug which is in transit to be diverted to any destination other than---

(a) the country specified in the export authorization or diversion certificate accompanying the dangerous drug when it was imported into Hong Kong; or

(b) the country to which the dangerous drug was originally to be exported.

(5) Any person who contravenes subsection (2), (3) or (4) shall be guilty of an offence and shall be liable-

(a) on conviction on indictment, to a fine of $100,000 and to imprisonment for 10 years; and

Page 15
Page 16