CAP 134 DANGEROUS DRUGS ORDINANCE十一
摘要：To amend and consolidate the law relating to dangerous drugs.
Cap 134 s 36 Possession of pipes, equipment, etc.
(1) Save under and in accordance with this Ordinance, no person shall have in his possession any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and, subject to section 54A, to imprisonment for 3 years. (Amended 67 of 1979 s. 3)
Cap 134 s 37 Responsibility of owners, tenants, etc.
(1) No person shall-
(a) being the owner, tenant, occupier or person in charge of any place or premises, permit or suffer such place or premises or any part thereof to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug; or
(b) let or agree to let, whether as principal or agent, any place or premises with the knowledge that such place or premises or any part thereof
is to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug. (Amended 46 of 1971 s. 5)(2) 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 $5000000 and to imprisonment for 15 years; and
(b) on summary conviction, to a fine of $500000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 6)
Cap 134 s 38 Premises used for unlawful trafficking in or manufacturing, etc. dangerous drug
(1) Where it is proved to the satisfaction of a court that an offence under section 4, 6, 35 or 37 has been committed in or on or in respect of any place or premises or any part thereof, the court may order that a notice of the fact shall be served either personally or by registered post on- (Amended 46 of 1971 s. 6; 52 of 1992 s. 5)
(a) the owner or any tenant of the place or premises or the part thereof; or
(b) if such owner or tenant is absent or under disability, on his agent; or
(c) if such owner or tenant is a company, on the secretary or manager thereof.(2) After service of a notice under subsection (1), a court may, on application-
(a) by the person on whom the notice was served; or
(b) in the case of a company, by or on behalf of the company,make an order (which shall be recognized and given effect to in any proceeding in any court) determining any tenancy of such place or premises or of any part of the place or premises as from the date of such order, and thereupon such tenancy shall cease and determine for all purposes and any tenant under the tenancy so determined and any occupier of such place or premises or such part thereof may thereafter be treated as a trespasser.
(3) (a) An order under subsection (2) shall be sufficient authority to any police officer to enter (by force if necessary) into the place or premises specified in the order and-
(i) evict therefrom any person who may under subsection (2) be treated as a trespasser; and
(ii) remove therefrom anything belonging to or in the possession of any such person.
(b) The powers given by this subsection shall be in addition to and not in derogation of any powers conferred by or under any other law.(4) If, within 12 months after service of a notice under subsection (1), an offence under section 4, 6 or 35 is proved to have been committed by the same or any other person in or on or in respect of such place or premises or such part thereof, the person on whom the notice was served, or the company where the notice was served on the secretary or manager thereof, shall be guilty of an offence and shall be liable on conviction to a fine of $500000 unless such person or company proves that he or it neither knew nor had reasonable means of knowing that such offence had been committed. (Amended 43 of 1974 s. 7; 52 of 1992 s. 5)
(5) A document purporting to be a copy of the records or part of the records of the Land Registry and purporting to be certified by or on behalf of the Land Registrar shall be admitted in evidence in any proceedings under this section on its production by the prosecution without further proof, and-
(a) until the contrary is proved, it shall be presumed-
(i) that the document is a true copy of the records or part of the records of the Land Registry; and
(ii) that the document is certified by or on behalf of the Land Registrar; and(b) such document shall be prima facie evidence of all matters contained therein. (Amended 8 of 1993 ss. 2 & 3)(6) In this section, \"tenant\" (租客) includes any sub-tenant and \"tenancy\" (租赁) includes any sub-tenancy.
Cap 134 s 38A Interpretation
PART VA
SEIZURE, DETENTION AND FORFEITURE OF SHIPS
In this Part-
\"excessive quantity\" (过量) means a quantity of a dangerous drug specified in the second column of the Fifth Schedule, including the quantity of any other substance contained with the dangerous drug in a preparation, mixture, extract or other material, being not less than the quantity specified in the third column of the Fifth Schedule;
\"master\" (船长) in relation to a ship means the person (except a pilot within the meaning of the Pilotage Ordinance (Cap 84)) having for the time being command or charge of the ship; and
\"owner\" (船东) in relation to a ship means-
(a) the person registered or licensed as the owner of the ship or, in the absence of registration or licensing, the person owning the ship; and
(b) a demise charterer of the ship.
Cap 134 s 38B Commissioner of Customs and Excise may seize and detain ship
Where the Commissioner of Customs and Excise has reasonable cause to suspect- (Amended 40 of 1985 s. 9)
(a) that an excessive quantity of dangerous drugs has been found on a ship exceeding 250 gross tons; and
(b) that an excessive quantity of dangerous drugs was found on that ship within 18 months prior to the finding specified in paragraph (a),he may, with the written consent of the Secretary for Justice, seize and detain the ship for 48 hou
