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

38N. Enforcement powers
(1) The powers conferred on a member of the Customs and Excise Service by this Ordinance shall be exercisable in relation to any ship to which section 38L or 38M applies for the purpose of detecting and the taking of appropriate action in respect of the offences mentioned in those sections.
(2) Those powers shall not be exercised outside the waters of Hong Kong in relation to a ship registered in a Convention state except with the authority of the Secretary for Justice and he shall not give his authority unless that state has in relation to that ship—
(a) requested the assistance of Hong Kong for the purpose mentioned in subsection (1); or
(b) authorized Hong Kong to act for that purpose.
(3) In giving his authority pursuant to a request or authorization from a Convention state the Secretary for Justice shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state.
(4) The Secretary for Justice may, either of his own motion or in response to a request from a Convention state, authorize a Convention state to exercise, in relation to a Hong Kong ship, powers corresponding to those conferred on a member of the Customs and Excise Service by this Ordinance but subject to such conditions or limitations, if any, as the Secretary for Justice may impose.
(5) Subsection (4) is without prejudice to any agreement made or which may be made on behalf of Hong Kong whereby Hong Kong undertakes not to object to the exercise by any jurisdiction in relation to a Hong Kong ship of powers corresponding to those conferred on a member of the Customs and Excise Service by this Ordinance.
(6) The powers conferred on a member of the Customs and Excise Service by this Ordinance shall not be exercised in the territorial waters of any jurisdiction other than Hong Kong without the authority of the Secretary for Justice and he shall not give his authority unless that other jurisdiction has consented to the exercise of those powers.
(Amended L.N. 362 of 1997)

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

38O. Jurisdiction and prosecutions
(1) Proceedings under this Part in respect of an offence on a ship may be taken, and the offence may for all incidental purposes be treated as having been committed, in Hong Kong.
(2) No such proceedings shall be instituted except by or with the consent of the Secretary for Justice.
(3) Notwithstanding subsection (2) a person may be charged with an offence under this Part and may be arrested therefor, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that the consent of the Secretary for Justice to the institution of a prosecution for the offence has not been obtained, but no such person shall be remanded in custody or on bail for longer than 3 days on such charge unless in the meantime the consent of the Secretary for Justice aforesaid has been obtained.
(4) When a person is brought before a magistrate before the Secretary for Justice has consented to the prosecution, the charge shall be explained to the person accused but he shall not be called upon to plead and the provision of the law for the time being in force relating to criminal procedure shall be modified accordingly.
(Amended L.N. 362 of 1997)

38P. Interpretation of Part VB
(1) In this Part—
Convention state (公約國) has the meaning given in section 38M;
Hong Kong ship (香港船舶) means a ship registered or licensed in Hong Kong;
ship (船舶) includes any vessel used in navigation and includes a hovercraft;
the Vienna Convention (《維也納公約》) means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed at Vienna on 20 December 1988. (Amended E.R. 4 of 2019)
(2) If in any proceedings under this Part any question arises whether any jurisdiction is a state or is a party to the Vienna Convention, a certificate issued by or under the authority of the Secretary for Justice shall be conclusive evidence on that question. (Amended L.N. 362 of 1997)

39. Conspiracy
Any person convicted of conspiracy to commit an offence under this Ordinance shall be liable to the penalty prescribed for that offence and any special rules of evidence which apply with respect to the proof of that offence under this Ordinance shall apply in like manner to the proof of conspiracy to commit such offence.

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

40. False statements, and aiding, abetting, etc. offence under corresponding law
(1) Any person who—
(a) for the purpose of obtaining, whether for himself or for any other person, the issue or renewal of a licence or certificate under this Ordinance, makes any declaration or statement which is false in a material particular;
(b) knowingly utters, produces or makes use of any such declaration or statement or a document containing any such declaration or statement; or
(c) aids, abets, counsels or procures the commission in a place outside Hong Kong of an offence punishable under a corresponding law in force in that place, or does an act preparatory to, or in furtherance of, an act which if committed in Hong Kong would constitute an offence under section 4 or 6,
shall be guilty of an offence.
(2) Any person who is guilty of an offence under subsection (1)(a) or (b) shall be liable on conviction to a fine at level 3 and to imprisonment for 3 years.
(3) Any person who is guilty of an offence under subsection (1)(c) shall be liable—
(a) on conviction on indictment, to a fine at level 6 and to imprisonment for 15 years; and
(b) on summary conviction, to a fine at level 3 and to imprisonment for 3 years.
(Amended E.R. 4 of 2019)[cf. 1965 c. 15 s. 13 U.K.]

41. Joint trial of offences in certain cases
Notwithstanding anything in the Magistrates Ordinance (Cap. 227) or any other law, where it is alleged that 2 or more persons have committed distinct offences under section 4, 8, 35 or 36 in the same place and at about the same time, the charges for such offence against such persons may be tried together.

42. Conviction of offence other than that charged
(1) If on the trial of a charge for an offence specified in the second column of the Third Schedule the defendant is acquitted, but it is proved that the defendant is guilty of any offence specified opposite thereto in the third column of that Schedule or of being a party to any such offence, he shall be convicted of such offence or of being a party to any such offence and shall be liable to be punished accordingly.
(2) The references in the Third Schedule to numbered sections and subsections shall be construed to include every offence under the section or subsection so numbered in this Ordinance.
(3) Nothing in this section shall exclude the application to any offence of any other law authorizing a person to be found guilty of an offence other than that with which he is charged.