G. Participation in dangerous drugs offences outside of Hong Kong
Normally, Hong Kong criminal courts only have jurisdiction over criminal acts that were committed within Hong Kong’s geographical boundaries, This jurisdictional limit can be extended by specific legislation, such as the Criminal Jurisdiction Ordinance (Cap. 461) empowering Hong Kong criminal courts to try criminal conduct committed overseas.
Section 40 of the Dangerous Drugs Ordinance (Cap. 134) makes it an offence triable in Hong Kong courts if a person in a place outside of Hong Kong aids, abets, counsels, procures, or attempts to commit the trafficking or manufacturing of dangerous drugs where such trafficking or manufacturing is also an offence at that place.
Sentencing
For the offences relating to false declaration or statement, the maximum sentence is a fine of $10,000 and imprisonment for 3 years.
For the offence of aiding, abetting, counselling, or procuring the trafficking or manufacturing of dangerous drug in a place outside of Hong Kong, the maximum penalty is a fine of $100,000 and imprisonment of 15 years if tried on an indictment. On a summary conviction, the maximum sentence is a fine of $100,000 and imprisonment for 3 years.
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