DANGEROUS DRUGS (TEMPORARY PROVISIONS) BILL

Order for Second Reading read.

The Attorney-General (Mr C. H. Butterfield): Mr Speaker, Sir, I beg to move, That the Bill be now read a Second time."

Sir, legislation was brought into force early in 1955 which made certain temporary amendments to the Dangerous Drugs Ordinance, the Dangerous Drugs Ordinance, of course, being the Ordinance which regulates the importation, exportation, manufacture, sale and use of opium and certain other dangerous drugs. Sir, the purpose of that temporary legislation was to enable Opium Treatment Centres to be established and also to enable certain classes of persons to be sent to those Centres. I should remind hon. Members that under that legislation, persons who are convicted for the first time of an offence of either smoking prepared opium or of being in possession of pipes or utensils used for smoking or consuming prepared opium must be remanded by the Court for examination and report by the Opium Treatment Centres Advisory Committee. That Committee, Sir, is required, amongst other things, to assess the prospects of the person on remand being able to overcome or assisted to overcome his addiction and the Committee is also required to say whether in their opinion a period of treatment at an Opium Treatment Centre would be likely to cure him of his habit. Now, after considering such a report, the Court is required either to send him to a Centre for a period which may be for between 3 and 12 months or to send him to prison for three months. Second offenders go to prison for twelve months. What this Bill proposes, Sir, is to allow magistrates a discretion as to whether or not to sentence to a term of imprisonment first offenders who are not considered suitable for treatment at an Opium Treatment Centre and accordingly, Sir, if this amendment is made, the Court will be enabled in suitable cases to fine or otherwise deal with the first offender, perhaps by putting him on probation.

Now, Sir, this Bill is also concerned with another matter. It proposes another amendment which relates to the use of medical certificates which are issued following a Court Order that a person accused either of possession of prepared opium or of consuming prepared opium shall be medically examined. At present, Sir, these certificates are admissible as evidence during the course of a trial and what is now proposed is that they should not be admissible in evidence except on the application of the accused or after his conviction should he be convicted. I think I might usefully add, Sir, that these certificates can be of considerable assistance to an accused who is charged with a possession offence because that offence carries a sentence of up to five years and also the liability to a fine of up to $10,000. They might be of great assistance because if the Court is satisfied that the opium in the possession of the convicted man was for his own immediate personal consumption, the Court may deal with him as if he had been convicted of a smoking offence which carries a lesser penalty.

Sir, the two amendments with which Bill is concerned are amendments which are put forward following the experience of the working of the temporary legislation relating to dangerous drugs and Opium Treatment Centres and I hope that they will commend themselves to the Assembly.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time.