### Dangerous Drugs Ordinance 《危險藥物條例》

38F. Imposition of penalties in respect of ships carrying excessive quantities of drugs and consequential proceedings
(1) Where, on an application being made by the Commissioner of Customs and Excise and where a summons has been served under section 38D(2), the Court of First Instance is satisfied beyond reasonable doubt— (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),
it may order the owner to pay a financial penalty not exceeding $5,000,000.
(2) Where a ship has been admitted to bail under section 38E, the Court of First Instance may order that any financial penalty imposed under subsection (1) be recovered by estreatment of the bail or such part thereof as may be necessary and the payment thereof to the Government. (Amended 13 of 1999 s. 3)
(3) Where a ship has not been admitted to bail under section 38E, the Court of First Instance may order that the ship continue to be detained until any financial penalty imposed under subsection (1) is paid or arrangements satisfactory to the Court of First Instance are made for the payment thereof.
(4) Where a ship has not been admitted to bail under section 38E and any financial penalty imposed under subsection (1) has not been paid and no satisfactory arrangements for the payment thereof have been made, the Court of First Instance may order that the ship be forfeited to the Government. (Amended 13 of 1999 s. 3)
(5) The Court of First Instance may impose a financial penalty under subsection (1) whether or not—
(a) the first of the occasions was before the coming into operation of this Part; or
(b) any person is convicted of an offence in respect of the excessive quantity of a dangerous drug; or
(c) the master or owner knew of the carriage.
(6) The Court of First Instance shall not impose a financial penalty under subsection (1) where it is proved, in respect of the second of the occasions, that the master and the owner for the time being had each taken all reasonable and practicable steps to prevent the ship from being used to carry a dangerous drug.
(Amended 25 of 1998 s. 2)

### Dangerous Drugs Ordinance 《危險藥物條例》

38G. Certificate as to finding of dangerous drugs etc.
A certificate purporting to be signed by the Commissioner of Customs and Excise and certifying—
(a) the finding of a dangerous drug on any ship;
(b) the date of the finding;
(c) the amount and type of the drug;
(d) the name or other details of identification of the ship; or
(e) any of the above,
shall be admissible in evidence in any proceedings under this Part before any court on its production without further proof and, until the contrary is proved, the court shall presume—
(i) that the document is signed by the Commissioner of Customs and Excise; and
(ii) that the facts certified therein are true.
(Amended 40 of 1985 s. 9)

38H. Right of appeal
(1) Where an order has been made under section 38F, the owner of the ship in respect of which the order was made may appeal to the Court of Appeal within 21 days of the making of the order.
(2) The appeal may be—
(a) on any ground which involves a question of law alone; and
(b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal,
but if the judge who made the order under section 38F grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.

38I. Grounds for allowing appeal
The Court of Appeal shall allow an appeal against an order made under section 38F if it thinks that the order should be set aside on the ground of a wrong decision on any question of law or of fact or of mixed law and fact: (Amended L.N. 345 of 1982)
Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

38J. Procedure on appeal
Subject to sections 38H and 38I, the procedure on an appeal shall with all necessary modifications be that applicable to an appeal against conviction for an offence on indictment under section 82 of the Criminal Procedure Ordinance (Cap. 221), and an appeal against sentence under section 83G of the Criminal Procedure Ordinance (Cap. 221).

### Dangerous Drugs Ordinance 《危險藥物條例》

38K. Amendment of Fifth Schedule
(1) The Chief Executive in Council may by order amend the Fifth Schedule. (Amended 13 of 1999 s. 3)
(2) Any question as to what constitutes an excessive quantity of dangerous drugs shall be determined by reference to the quantity specified in the Fifth Schedule at the time of the finding and, in the case of a finding before the date on which this Part came into operation, to the quantity so specified on that date.

38L. Offences on Hong Kong ships
Anything which would constitute an offence under this Ordinance if done on land in any part of Hong Kong shall constitute that offence if done on a Hong Kong ship.

38M. Ships used for illicit traffic
(1) This section applies to a Hong Kong ship, a ship registered in a jurisdiction other than Hong Kong which is a party to the Vienna Convention (a Convention state) and a ship not registered in any jurisdiction.
(2) A person is guilty of an offence if on a ship to which this section applies, wherever it may be, he—
(a) has a dangerous drug in his possession;
(b) is in any way knowingly concerned in the carrying or concealing of a dangerous drug on the ship; or
(c) manufactures a dangerous drug or does or offers to do an act preparatory to or for the purpose of manufacturing a dangerous drug,
knowing or having reasonable grounds to believe that the drug is intended to be imported or has been exported contrary to this Ordinance or the law of any jurisdiction outside Hong Kong.
(3) A person who is guilty of an offence—
(a) under subsection (2)(a) shall be liable—
(i) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 7 years; or
(ii) on summary conviction to a fine at level 6 and to imprisonment for 3 years; (Amended E.R. 4 of 2019)
(b) under subsection (2)(b) shall be liable—
(i) on conviction on indictment to a fine of $5,000,000 and to imprisonment for life; or
(ii) on summary conviction to a fine of $500,000 and to imprisonment for 3 years; and
(c) under subsection (2)(c) shall be liable on conviction on indictment to a fine of $5,000,000 and to imprisonment for life.