LEGCO PANEL ON SECURITY
Proposed Amendments to the
Dangerous Drugs Ordinance (Cap 134)

PURPOSE

This paper sets out the Administration’s proposed amendments to the Dangerous Drugs Ordinance to provide for enhanced sentencing for adults who exploit young persons in the commission of drug offences.

BACKGROUND

2. During the past few years, there has been a rapid increase of young persons abusing drugs and a drastic increase in the number of arrests for major drug offences (covering trafficking and manufacturing of dangerous drugs) involving young people. Between 1991 and 1995, the number of young persons aged under 18 arrested for major drug offences more than doubled, from 170 to 344 during the period. There is evidence to show that drug traffickers have increasingly exploited young persons in the illegal drug trade. Young people are used because they are cheaper to employ, easier to control, less likely to attract Police attention but more likely to receive lenient punishments if arrested.

3. In view of the increasing seriousness of the problem, we feel that there is an urgent need to introduce legislation to deter drug traffickers from exploiting young persons in the commission of drug offences by the imposition of harsher sentences. The proposed legislative amendments would convey a strong and clear message to the public and the drug traffickers that the exploitation of young persons in the illegal drug trade is a serious crime that should be punished with a heavier sentence.

PROPOSED AMENDMENTS

4. We propose to add a new section 56A to the Dangerous Drugs Ordinance to -

  1. empower a court to pass a more severe sentence on an adult offender convicted of a specified drug offence if the court is satisfied beyond reasonable doubt as to the information furnished by the prosecution on the involvement of a minor in the commission of the specified offence. Such information may be furnished by the prosecution before the passing of sentence;
  2. provide for the following offences under Part II and Part V of the Dangerous Drugs Ordinance as specified drug offences in relation to an enhanced sentence -

    Part II

    Section 4

    Trafficking in dangerous drug

    Section 4A

    Trafficking in purported dangerous drug

    Section 5

    Supplying or procuring dangerous drug to or for unauthorized persons

    Section 6

    Manufacture of dangerous drug

    Section 8

    Possession of dangerous drug otherwise than for trafficking, and consumption of dangerous drug

    Section 9

    Offences relating to cannabis plant and opium poppy

    Part V

    Section 35

    Keeping or managing a divan for the taking of dangerous drug

    Section 36

    Possession of equipment fit and intended for consumption of dangerous drug

    Section 37

    Permitting premises to be used for unlawful trafficking, manufacturing or storage of dangerous drug

  3. extend a court’s power to pass a more severe sentence to -
    1. conspiracy to commit;
    2. inciting another to commit;
    3. attempting to commit; and
    4. aiding, abetting, counselling or procuring the commission of,

    a specified drug offence;

  4. require that information relating to the involvement of minors in the commission of specified drug offences should be admissible in evidence in criminal proceedings (including proceedings in respect of sentencing) as it is furnished to the court;
  5. allow the person convicted of a specified drug offence an opportunity to object to the reception of the information on the involvement of minors in the commission of the offence and where such information is received by the court, furnish other information regarding the first-mentioned information; and
  6. stipulate that the enhanced sentence passed for a specified drug offence must not exceed the maximum penalty permitted by law for that offence.

5. The proposal addresses the public concern to see to it that heavier sentences are being imposed for this type of crime. However, it would not prejudice the existing rights of the defendant to present mitigating circumstances to the court.

CONSULTATION

6. The Action Committee Against Narcotics was consulted on 10 September 1996, and agreed that the proposed amendments to the Dangerous Drugs Ordinance set out in para 4 above should be made to provide for heavier sentences for adults who exploit young persons in the commission of drug offences.

TIMETABLE

7. We plan to introduce the proposed legislative amendments to the Legislative Council in January 1997.

Security Branch
December 1996

Last Updated on 21 August 1998