{"kind":"expression","expression":{"expr_id":"749","doc_id":"749","label":"SL 3 of 1991","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/1991\/3\/eng@1991-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/1991\/3\", \"expression\": \"\/akn\/ky\/act\/sl\/1991\/3\/eng@1991-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/1991\/3\/eng@1991-01-01.pdf\"}, \"pdf\": {\"md5\": \"c9ff95528188539c8f198c7a0b249fa6\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/1991\/1991-0003\/1991-0003_SL 3 of 1991.pdf\", \"pages\": 21, \"filename\": \"1991-0003_SL 3 of 1991.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 6959, \"paragraph_count\": 16, \"text_char_count\": 42190}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"ocr\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"| THE MISUSE OF DRUGS (DRUG TRAFFICKING OFFENCES) (DESIGNATED COUNTRIES) ORDER, 1991 pitti, * THE MISUSE OF DRUGS LAW (SECOND REVISION) THE MISUSE OF DRUGS (DRUG TRAFFICKING OFFENCES) (DESIGNATED COUNTRIES) ORDER, 1991 In exercise of the powers conferred upon the Governor by section i16P(1) of the Misuse of Drugs Law (Second Revision) the following order is made \u2014 Citation and 1. This order may be cited as the Misuse of Drugs (Drug Trafficking commencement. Offences) (Designated Countries) Order, 1991. and shall come into force on the ist day of September, 1991. Interpretation 2. inthis order \u2014 \u201cappropriate authority of a designated country\u201d means an authority specified in the second column opposite the name of that country in the First Schedule to this order: \u201ccourt of a designated country\\\" includes a court of any state or territory of a designated country; \\\"designated country\u201d means a country designated under article 3(1) of this order; . \u201cthe Islands\\\" means the Cayman Islands: \u201cthe Law\\\" means the Misuse of Drugs Law (Second Revision). Designation of and 3. (1) Each of the countries specified in the First Schedule to. this appheation ofthe Law to order ig hereby designated for the purposes of sections 16P and 16Q cf First Schedule. the Law. (2) In relation to a designated country, the Law shail apply, subject Second Schedule. tg the modifications specified in the Second Schedule to this order, to external confiscation orders and to proceedings which have been or are about to be instituted in the designated country and may result in an Third Scheduie Prot sfa rdersand daigmenlot court ine destunated countn Pundence in relation to proceedings and orders na designated country. external confiscation order being made there, and, accordingly, in relation to such orders and such proceedings, the Law shall have effect as set out in the Third Schedule to this order. ;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"(1) For the purposes of sections 16P and 16Q of the Law and of the other provisions of the Law as applied under article 3(2) of this order \u2014 (a) any order made or judgment given by a court in a designated country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge. magistrate or officer of that court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and (b) a document, duly authenticated, which purports to be a copy of any order made or judgment given by a coun ina designated country shall be deemed without further proof to be a true copy. (2) A document purporting to be a copy of any order made or judgment given by a court ina designated country is duly authenticated for the purpose of paragraph (1)(b) of this article if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the designated country.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"(1) For the purposes of sections 16P and 16Q of the Law, and of the other provisions of the Law as applied under article 3(2) of this order, a Certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating \u2014 (a) that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there: (b) that an external confiscation order is in force and is not subject to appeal; (c) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there; (d) that any person has been notified of any proceedings in accordance with the law of the designated country; or (e) . that an order (however described) made by a court of the designated country has the purpose of: recovering payments or other rewards received in connection with drug trafficking or their value: shall, in any proceedings in the Grand Court, be admissible as evidence of the facts so stated. AEP, a Representation of government of a designated country. Satisfaction of confiscation order in a designated country. Currency conversion. (2) In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise \u2014 evidence given in proceedings in a court ina designated country, shall be admissible as evidence of any fact stated therein. (3) A document is duly authenticated for the purposes of paragraph (2) of this article if it purports to be certified by any person in. his Capacity as a judge, magistrate or officer of the court in the designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document. (4) Nothing in this article shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this article.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"A request for assistance sent to the Governor by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Attorney General or a person authorised by him in that behalf, to act on its behalf in any proceedings in the Grand Court under section 16Q of the vaw or any other provision of the Law as applied by article 3(2) of this order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"(1) Where \u2014 (a) a confiscation order has been made under section 16A of the Law; and (b) a request has been sent by the Governor to the appropriate authority of a designated country for assistance in enforcing that order; and (c) in execution of that request property is recovered in that country, the amount payable under the confiscation order shall be treated as reduced by the value of the property so recovered. (2) For the purposes of this article, and without prejudice to the admissibility of any evidence which may be admissible apart from this paragraph, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating that property has \u2014 been recovered there in execution of a request by the Governor, stating the value of the property so recovered and the date on which it was recovered shall, in any proceedings in a court in the islands, be admissible as evidence of the facts so stated.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"(1) Where the value of property recovered as described in article 7(1) of this order is expressed in a currency other than that of the Islands the extent to which the amount payable under the confiscation order is to be reduced under that paragraph shali be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned. (2) where an amount of money payable or remaining to be paid under an external confiscation order registered in the Grand Court under section 16Q of the Law is expressed in a currency other than that of the islands, for the purpose of any action taken in relation to that order under the Law as applied under article 3(2) of this order the amount shall be converted into the currency of the Islands on the basis of the \u2018 exchange rate prevailing on the date of registration of the order. (3) For the purposes of this article a written certivcate purporting to be signed by any person acting in his capacity as an officer of any bank in the Islands and stating the exchange rate prevailing on a specified date shall be admissible as evidence of the facts so stated. FIRST SCHEDULE(Article 3(1)) Designated country Appropriate authority The United Kingdom The Secretary of State for the Home Department. SECOND SCHEDULE (Article 3(2)) Modifications of the Misuse of Drugs Law (Second Revision) For section 2 there shall be substituted the following \u2014 \\\"9 In this Law, unless the context otherwise requires \u2014 \u201ccontrolled drug\\\" means a drug listed in the Schedule to the Law: \\\"drug trafficking\u2019 means doing or being concerned in any of the following, whether in the Islands or elsewhere \u2014 (a) producing or supplying a controlled drug where the production or supply contravenes paragraph (c) or (f) of subsection (1) of section 3; (b) storing a controlled drug where possession of the drug contravenes paragraph (d) of subsection (1) of section 3; (c) importing or exporting a controlled drug where the importation or exportation is prohibited by paragraph (a) or (b) of subsection (1) of section 3;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"4. \u201crealisable property\\\" means \u2014 (a) in relation to an external confiscation order made in respect of specified property, the property which is specified in the order; and (b) in any other case ~ (i) any property held by the defendant: and (ii) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Law.\u201d. The following sections shall be omitted \u2014 2A, 3(2) to (6), 4 to GA, 7 to 13A, 14, 15 and 16. For section 16A there shall be substituted the following \u2014 \u201cExternal confiscation orders. 16 A (1) An order made by a court ina designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value is referred to in this Law as an \u201cexternal confiscation order\\\". (2) In subsection (1) the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described. (3) A person against whom an external confiscation order has been made, or a person against whom proceedings which may result in an external confiscation order being made have been, or are about to be, instituted in a court in a designated country, is referred to in this Law as \\\"the defendant\\\".\\\". Sections 16B, 16C, 16D, and 16E shall be omitted. In section 16F \u2014 (a) (c) for subsection (1)(a) there shall be substituted \u2014 \\\"(a) proceedings have been instituted against the defendant in a designated country; for subsection (1)(c) there shall be substituted the following \u2014~ \\\"(c) either an external confiscation order has been made in the proceedings or it appears to the Grand Court that there are reasonable grounds for thinking that such an order may be made in them.\\\". for subsection (2) there shall be substituted the following \u2014 \\\"(2) Those powers are also exercisable where it appears to the Grand Court that proceedings are to be instituted against a defendant in a designated country and that there are reasonable grounds for believing that an external confiscation order may be made in them.\\\". (d) for subsection (3) there shall be substituted the following \u2014 \\\"(3) Where the court has made an order under section 16G(1) by virtue of subsection (2) of this section, it shall discharge the order if the proposed proceedings are not instituted within such time as the court considers reasonabie.\\\". (e) for subsection (4) there shall be substituted the following \u2014 \\\"(4) Proceedings for an offence are instituted in a designated country when \u2014 (a) under the law of the designated country concerned a charge has been signed in respect of alleged drug trafficking by the defendant; or (b) an application has been made to a court in the designated country for an - external confiscation order; and where the application of this subsection will result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earlier of those times.\\\". ; (f} in subsection 5 \u2014 (i) | delete the words \\\"in the Islands\u201d appearing in the second line; (ii) substitute \\\"a\\\" for \\\"Her Majesty\u2019s\\\" in paragraph (d); (iii) for the letter \\\"a\\\" appearing in the penultimate line of paragraph (e), substitute \u201can external\u201d; (iv) for the letter \\\"a\\\" appearing in the first line of paragraph (f) substitute \\\"an external\u201d. In section 16G \u2014 (A) for subsection (2)(a) and (b) there shall be substituted the following \u2014 \\\"(a) where an application under subsection (3) relates to an external confiscation order made in respect of specified property, to property which is specified in that order; and (b) in any other case \u2014 (i) to all realisable property held by a specified person, whether the property is described in the restraint order or not; and (ii) to realisable property held by a specified person, being property transferred to him after the making of the restraint order.\\\", (B) in subsection (3) ~ (a) in paragraph (a) for the words \u201cAttorney General\\\" there shall be substituted the words \u2018government of a designated country or, in a case where an external confiscation order has been registered under section 16Q of this Law, by a receiver appointed under section 16H of this Law, the Attorney General or a person authorised in that behalf by the Attorney General\\\"; and (b) for paragraph (c) there shail be substituted the following \u2014 \u2018(c) may, notwithstanding anything in the Grand Court Rules made under section 21 of the Grand Court Law, provide for service on, or provision of notice to, persons affected by the order in such manner as the Grand Court may direct.\\\". (C) in subsection (4) for paragraph (b) there shall be substituted \u2014 \\\"(b) shall be discharged when the proceedings in relation to which the order was made are concluded.\\\". (D) add the following as subsection (11) \u2014 \\\"(11) Notwithstanding anything in the Grand Court Rules made under section 21 of the Grand Court Law, an application under subsection (3)(a) shall be supported by an affidavit which shall \u2014 . (a) state, where applicable, the grounds for believing that an external confiscation order may be made in the proceedings instituted or to be instituted in the designated country concerned; (b) to the best of the deponent\u2019s ability, give particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property: (c) in a case to which section 16F(2) of this Law applies, indicate when it is intended that proceedings should be instituted in the designated country concerned; and the affidavit may, unless the court otherwise directs, contain statements of information or belief with the sources and grounds thereof.\\\" 7 (1) In section 16H, for subsection (1) there shall be substituted the following two subsections \u2014 \\\"(1) Where an external confiscation order has been registered in the Grand Court under section 16Q of this Law, the Grand Court may, on the application of the Attorney General or a person authorised in that behalf by the Attorney General, exercise the powers conferred by subsections (1A) to (6). (1A) In respect of any sum of money payable under the external confiscation order the Court may make a garnishee order as if the sum were due to the Crown in pursuance of a judgment or order of the Grand Court, but any such order may direct that the sum payable be paid to the Grand Court.\u201d, 8. In section 16] ~ (a) in subsection (1) for the words \\\"be applied on that person's behalf towards the Satisfaction of the confiscation order\\\" where they occur at the end of the subsection, substitute the words \u201cbe paid to the Grand Court and applied for the purposes specified in subsection (3) and in the order so specified.\\\"; (b) in subsection (2) for the words \\\"If, after the amount payable under the confiscation order\\\" substitute the words \u201cWhere a fixed amount is payable under the confiscation order and, after that amount\u2019; (c) in subsection (3), delete all the words from \\\"The receipt\\\" down to and including the words \u201cbut the sum\\\" and substitute the words \\\"Any sum received by the Clerk of the Court on account of an amount payable under a confiscation order\u2019.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"| In section 16J -- (a) substitute the following for subsection (2) - \\\"(2) Subject to the following provisions of this section, the powers shall be exercised with a view to recovering property which is liable to be recovered under an external confiscation order registered in the Grand Court under section 16Q of this Law or, as the case may be, with a view to making available for recovery, property which may become: liable to be recovered under any external confiscation order which may be made in the defendant's case.\\\": (b) in subsection (6) insert the word \\\"external\\\" immediately before the word \u201cconfiscation\u2019; (c) in subsection (8) delete the words \\\"by the prosecution or, in a case where proceedings for a drug trafficking offence are not instituted,\\\".\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Sections 16K, 16L, 16M, 160, and 16P shall be omitted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"In section 16N \u2014 (a) in subsection (1) for the words \\\"Misuse of Drugs (Amendment) Law, 1988,\\\" substitute the words \\\"Misuse of Drugs (Drug Trafficking Offences) Order 1991-\\\" (b) in subsection (2)(b) and (3), delete the words \\\"subsection (5) of section 16E and \u201d: (c) delete subsection (6).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Sections 17 to 27 shall be omitted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"The Second Schedule to the Law shall be omitted. THIRD SCHEDULE (Article 3(2)) The Misuse of Drugs Law (Second Revision) as Modified Interpretation. 2. In this Law unless the context otherwise requires \u2014 \u201ccontrolled drug\\\" means a drug listed in the Schedule: \u201cdrug trafficking\\\" means doing or being concerned in any of the Unauthorised dealings in controlled drugs. 3. following, whether in the Islands or elsewhere -- (a) (b) (c) producing or supplying a controlled drug where the production or supply contravenes paragraphs (c) or (f} of subsection (1) of section 3; storing a controlled drug where possession of the drug contravenes paragraph (d) of subsection (1) of section 3; importing or exporting a controlled drug where the importation or exportation is prohibited by paragraph {a) or (b} of subsection (1} of section 3: \u201crealisable property\u201d means \u2014 (a) (b) (1) in relation to an external confiscation order made in respect of specified property, the property which is specified in the order; and in any other case \u2014 (i) any property held by the defendant: and (if) any property heid by a person to whom the defendant has directly or indirectly made a gift caught by this Law. Whoever, without lawful excuse or without being authorised in that behalf \u2014 (a) imports, (b) exports, ) produces, d) stores, e) sells, buys or otherwise deals in, f) supplies, g) distributes, (h) dispenses, (i) issues a prescription for, (i) administers, (k) possesses, constructively or otherwise, or (i) consumes, (m) has in his possession, whether tawfully or not, with intent External confiscation orders Cases in which restraint orders may be made. that it be supplied, whether by himself or some other person and whether in the Islands or elsewhere, to another person in contravention of this subsection, any controlled drug, pipe, utensil or thing used in the preparation or consumption of any controlled drug, or who attempts, assists or is concerned in any of such matters is guilty of an offence. 16A. (1) An order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value is referred to in this Law as an \u201cexternal confiscation order\u2019. (2) In subsection (1) the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described. (3) A person against whom an external confiscation order has been made, or a person against whom proceedings which may result in an external confiscation order being made have been, or are about to be, instituted in a court in a designated country, is referred to in this Law as \\\"the defendant\\\". 16F.(1) The powers conferred on the Grand Court by subsection (1) of section 16G are exercisable where \u2014 (a) proceedings have been instituted against the defendant in a designated country; (b) the proceedings have not been concluded: and (c) either an external confiscation order has been made in the proceedings or it appears to the Grand Court that there are reasonable grounds for thinking that such an order may be made in them. (2) Those powers are also exercisable where it appears to the \u2019 Grand Court that proceedings are to be instituted against a defendant in a designated country and that there are reasonable grounds for believing that an external confiscation order may be made in them. (3) Where the court has made an order under section 16G (1) by virtue of subsection (2) of this section, the court shall discharge the order if the proposed proceedings are not instituted within such time as it considers reasonable. (4) Proceedings for an offence are instituted in a designated country when -- (a) under the law of the designated country concerned a charge has been signed in respect of alleged drug trafficking by the defendant; or (bo) an application has been made to a court in the designated country for an external confiscation order; Restraint orders. and where the application of this subsection will result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earlier of those times. (5) For the purposes of paragraph (b) of subsection (1), proceedings for an offence are concluded on the occurrence of one of - the followings events \u2014 (a) the discontinuance of the proceedings: (b) the acquittal of the person against whom the proceedings were instituted; (c) the quashing of his conviction for the offence; . (d) the grant of a pardon in respect of his conviction for the ' offence; (e) the court sentencing or otherwise dealing with him in respect of his conviction for the offence without having made an external confiscation order; (f} the satisfaction of an external confiscation order made in the proceedings, whether by payment of the amount due under the order or by the person serving imprisonment in default. 16G.(1) The Grand Court may by order prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order. (2) Arestraint order may apply \u2014 (a) where an application under subsection (3) relates to an external confiscation order made in respect of specified property, to property which is specified in that order; and (b) in any other case ~ (i) to all realisable property held by a specified person, whether the property is described in the restraint order or not; and (ii) _ to realisable property held by a specified person, being property transferred to him after the making of the restraint order. (3) A restraint order \u2014 (a) may be made only on an application by or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under section 16Q of this Law, by a receiver appointed under section 16H of this Law, the Attorney General or a person authorised in that behalf by the Attorney General: and (b) may be made on an er parte application in chambers; and (c) may, notwithstanding anything in the Grand Court Rules made under section 21 of the Grand Court Law, provide for service on, or provision of notice to, persons affected by the order in such manner as the Grand Court may direct. (4) - A restraint order \u2014 (a) may be discharged or varied in relation to any property: and (b) shall be discharged when the Proceedings in relation to which the order was made are concluded. (5) Where the Grand Court has made a restraint order, it may at any time appoint a receiver \u2014 (a) to take possession of any realisable property; and (b) in accordance with its directions, to manage or otherwise deal with any property in respect of which he is - appointed, subject to such exceptions and conditions as may be specified by the court; and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver. (6) For the purposes of this section, dealing with property held by any. person includes (without prejudice to the generality of the expression) \u2014 (a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and (b) removing the property from the Islands. (7) Where the Grand Court has made a restraint order, a constable may seize any realisable Property for the purpose of preventing it being removed from the Islands. (8) Property seized under subsection (7) shall be dealt with in accordance with the court\u2019s directions. (9) For the purposes of this section, at any time when the powers conferred on the Grand Court by section 16F are exercisable before Proceedings have been instituted, a reference to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in paragraph (a) of at . AO, Realisation of property. subsection (2) of section 16F for a drug trafficking offence. (10) In this section \\\"restraint order\\\" means an order made under subsection (1). (11) Notwithstanding anything in the Grand Court Rules made under section 21 of the Grand Court Law, an application under subsection (3)(a) shall be supported by an affidavit which shall \u2014 (a) state, where applicable, the grounds for believing that an external confiscation order may be made in the proceedings instituted or to be instituted in the designated country concerned: (b) to the best of the deponent'\u2019s ability, give particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property; (c) in a case to which section 16F(2) of this Law applies, indicate when it is intended that proceedings should be instituted in the designated country concerned: and the affidavit may, unless the court otherwise directs, contain Statements of information or belief with the sources and grounds thereof. 16H.(1) Where an external confiscation order has been registered in the Grand Court under section 16Q of this Law, the Grand Gourt may, on the application of the Attorney General or a person authorised in that behalf by the Attorney General, exercise the powers conferred by subsections (1A)to (6). (1A) In respect of any sum of money payable under the external contiscation order the court may make a garnishee order as if the sum were due to the Crown in pursuance of a judgment or order of the Grand Court, but any such order may direct that the sum payable be paid to the Grand Court. (2) The court may appoint a receiver in respect of realisable property. (3) The court may empower a_ receiver appointed under subsection (2) of this section or under subsection (5) of section 16G, in relation to any realisable property, to take possession of that property subject to such conditions or exceptions as may be specified by the court. (4) The court may order any person having possession of realisable property to give possession of it to any such receiver. (5) The court may empower any such receiver to realise any realisable property in such manner as the court may direct. Appheation of proceeds of realisation and other sums, (6) The court may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Law, as defined in subsection (1) of section 16N, as it may direct and, on the payment being made, it may by order, transfer, grant or extinguish any interest in the property. (7) The court shall not in respect of any property exercise the powers conferred by subsection (5) or (6) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to it. (8) For the purposes of paragraph (b) of subsection (1). an order is subject to appeal so long as an appeal or further appeal is pending against it or, if it was made on a conviction, against that conviction; and, for this purpose, an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal. 161. (1) Subject to subsection (2), the following sums in the hands of a receiver appointed under subsection (5) of section 16G or under subsection (2) of section 16H, that is \u2014 (a) the proceeds of the realisation of any property under paragraph (b) of subsection (5) of section 16G or under subsection (5) or (6) of section 16H; and (b) any other sums, being property held by a person against whom proceedings have been instituted for a drug trafficking offence, shall, after such payments (if any) as the Grand Court may direct have been made out of those sums, be paid to the Grand Court and applied for the purposes specified in subsection (3) and in the order so specified. (2) Where a fixed amount is payable under the confiscation order and, after that amount has been fully paid, any such sums remain in the hands of such a receiver, the receiver shall distribute those sums \u2014 (a) among such of those who held property which has been realised; and (b) in such proportions, as the Grand Court may direct after giving a reasonable opportunity for such person to make representations to the court. (3) Any sum received by the Clerk of the Court on account of an amount payable under a confiscation order shall be applied as follows \u2014 (a) if paid by a receiver under subsection (1), it shail first be applied in payment of his remuneration and expenses; Si \u2014, Exercise of powers by Grand Court or receiver. (b) subject to paragraph (a), it shall be applied in reimbursement of any sums paid by the prosecution under subsection (8) of section 16J, and the balance shall be treated as if it were a fine imposed by the court. 16J. (1) Subsections (1) to (6) inclusive apply to the powers conferred on the Grand Court by sections 16G, 16H and 16! or on a receiver appointed under subsection (5) of section 16G or under subsection (2) of section 16H. . 2) Subject to the following provisions of this section, the powers shall be exercised with a view to recovering property which is liable to be recovered under an external confiscation order. registered in the Grand Court under section 16Q of this Law or, as the case may be, with a view to making available for recovery, property which may become \\\" liable to be recovered under any external confiscation order which may be made in the defendant's case. (3) In the case of realisable property held by a person to whom the person against whom the proceedings have been instituted has directly or indirectly made a gift caught by this Law, as defined in subsection (1) of section 16N, the powers shall be exercised with a view to realising no more than the value for the time being of that gift. (4) The powers shall be exercised with a view to allowing any person other than the person against whom the proceedings have been instituted or the recipient of any such gift, to retain or recover the value of any property held by him. (5) An order may be made or other action taken in respect of a debt owed by the Crown. (6) In exercising those powers, no account shall be taken of any obligations of the person against whom the proceedings have been instituted or of the recipient of any such gift which conflict with the obligation to satisfy the external confiscation order. (7) Where a receiver appointed under subsection (5) of section 16G or under subsection (2) of section 16H takes any action \u2014 (a) in relation to property which is not realisable property, being action which he would be entitled to take if it were such property; (b) believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property; he shall not be liable to any person in respect of any loss or damage resulting from his action, except in so far as the loss or damage is caused by his negligence. (8) Any amount due in respect of the remuneration and expenses of a receiver appointed under subsection (5) of section 16G or under y Other provisions re Offences, gifts. property, ele, subsection (2) of section 16H shall, if no sum is available to be applied in payment of it under paragraph (a) of subsection (3) of section 16!, be paid by the person on whose application the receiver was appointed. 16N (1) A gift, including a gift made before the commencement of the Misuse of Drugs (Drug Trafficking Offences)(Designated Countries) Order 1991 is caught by this Law if \u2014 (a) it was made by a person against proceedings have been instituted for a drug trafficking offence at any time since the beginning of the period of six years ending when the proceedings were instituted; or (b) it was made by him at any time and was a gift of property (i) received by him in connection with drug trafficking carried on by him or another; or (ii) | which in whole or in part directly or indirectly represented in his hands property received by him in that connection. (2) For the purpose of subsection (1) \u2014 {a} the circumstances in which a person against whom proceedings have been instituted for a drug trafficking offence is to be treated as making a gift include those where he transfers property to another person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by him; and (b) in those circumstances, subsections (1), (2), (4) and (5) of this section shall apply as if he had made a gift of such share in property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) bears to the value of the consideration provided by him. (3) Subject to subsections (1), (2), (4) and (5) of this section, for the purposes of this Law the value of property (other than cash) in relation to any person holding the property is \u2014 (a) where any other person holds an interest in the property, the market value of the first mentioned person's beneficial interest in the property, less the amount required to discharge any incumbrance on that interest; (b) in any other case, its market value. (4) Subject to subsection (2), a reference in this Law to the value at any time (referred to in subsection (5) as \\\"the material time\\\") of a gift caught by this Law, as defined in subsection (1), or of any payment or reward is a reference to \u2014 Registration of external vonfiscation order, (a) the value of the gift. payment or reward to the recipient when he received it. adjusted to take account of subsequent changes in the value of money; or (b) where subsection (5) applies, the value there mentioned, whichever is the greater. (5) Subject to subsection (2), if at the material time the recipient holds ~ (a) the property which he received (not being cash); or (b) property which, in whole or in part, directly or indirectly represents in his hands the property which he received, 16Q.(1) Onan application made by or on behalf of the Government of a designated country, the Grand Court may register an external confiscation order made there if it is \u2014 (a) satisfied that at the time of registration the order is in force and not subject to appeal (which expression includes both any proceedings by way of discharging or setting aside a judgment or an application for a new trial or for a stay of execution); (b) satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and {c) of the opinion that enforcing the order in the tslands would not be contrary to the interests of justice. (2) The Grand Court shall cancel the registration of an external confiscation order if it appears to it that the order has been satisfied by payment of the amount due under it, by the person against whom it was made serving imprisonment in default of payment, or by any othe: means. The Schedule (Sec. 2). Controlled Drugs 1 The following substances. and products by whatever name known, namely -- Acetorphine Diampromide Acetyldihydrocodeine . Diethylthiambutene Allytprodine Dihydrocode O-carboxymethyloxime Alphacetylmethadol Alphameprodine Alphamethadol Alphaprodine Anileridine Benzethidine Benzylmorphine (3-benzyimorphine) Betacetyimethadol Betameprodine Betamethadol Betapradine Bezitramide Bufotenine Cannabinol Cannabinol derivatives Clonitazene Coca leaf Cocaine Codeine Desomorphine Dextromorarnide Diamorphine Hydromorphinol Hydromorphone Hydroxypethidine |somethadone Ketobemidone Levomethorphan Levomoramide Levophenacylmorphan Levorphanol Lysergamide Lysergide and other N-alkyl derivatives of iysergamide Mescaline Metazocine Methadone Methady! acetate Methyldesorphine Methyidihydromorphine (6-methyidihydromorphine) Metopon Morpheridine Morphine Morphine methobromide, morphine-N-oxide and other pentavalent nitrogan morphine derivatives Myrophine Nicocodine Nicomorphine (3, 6 dinicotinylmorphine) Noracymethadol Norcodeine Norlevorphanol Normethadone Dihydromorphine Dimenoxado! Dimepheptanol Dimethylthiambutene Dioxaphety! butyrate Diphenoxylate Dipipanone Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine Ethylmethylthiambutene Ethylmorphine (3-ethyimorphine) Etonitazene Etorphine Etoxeridine Fentanyl Furethidine Heroin Hydrocodone (dihydrocodeinone) Opium, whether raw, prepared or medical Oxycodone Oxymorphone Pethidine Phenadoxone Phenampromide Phenazocine Phenomorphan Phenoperidine \u00a9 Pholcodine Piminodine Piritramide Poppy-straw and concentrate of poppy-straw Prohetazine Properidine (1-methyl-4phenylpiperidine-4-carboxylic acid !sopropyl ester) Psilocine Racemethorphan Racemoramide Racemorphan Thebacon Thebaine Trimeperidine 4-Cyano-2 Dimethylamino-4, 4-diphenylbutane 4-Cyano-1 methyl-4-phenyl-4-piperidine 1-Methyl-4 phenylpiperidine -4-carboxylic acid 2-Methyl-3-morpholino-1, 1-diphenylpropane carboxylic acid 4-Phenylpiperidine-4-carboxylic acid ethyl ester. Normorphine Norpipanone\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Any stereoisomeric form of a substance for the time being specified in paragraph 1 above not being dextromethorphan or dextrorphan. 3 Any ester or ether of a substance for the time being specified in paragraph 1 or 2 above. 4 Any salt ofa substance for the time being specified in any of paragraphs 1 to 3 above. \u2014 5 Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 4 above 6. Any preparation intended for administration by injection which includes a substance or product for the time being specified in any of paragraphs 1 to 3 above. 7. Amphetamine Merphentermine Aponeuron (2-a Methylamphetamine Methlyphenethylamino-2-phenylace Methylphenidate tonitrile N-b-) Pemaline Benzphetamine Phenatine (N-a Methyiphenethy! Camphamedrine nicotinamide) (N-b-Hydroxy-a-methylphenethy! Phendimetrazine N-methyl-camphor-10-sulphonamid Phenmetrazine e Phentermine Chiorphentermine Plenylpropylm ethylamine Doxapram Pipradrol Fenethylline Prolintane Ganja Tranylcypromine. 8. Any stereoisomeric form of a substance for the time being specified in paragraph 7 above. 9. Any salt of a substance for the time being specified in paragraph 7 or 8 above. 10. Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 7 to 9 of this Schedule not being a preparation falling within paragraph 6 above. 11. Amfechloral Mefenorex Amfepramone Metamfepramone Cypenamine Methaqualone Diphenethoxidine Prazitone Ethylamphetamine Pheniprazine Fenmetramide Phenpentermine Furfuryimethyl-amphetamine Phenbutrazate Lerophacetoperane Rolicyprine. 12. Any stereoisomeric form of a substance for the time being specified in paragraph 11 of this Schedule. 13. Any salt of a substance for the time being specified in paragraph 11 or 12 abcve.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Any preparation or other product containing a substance for the time being specified in any of paragraphs 11 to 13 above. oe\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Mecloqualone and Phencyclidine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Derivatives of Barbituric Acid. Meaning of certain expressions used in this Schedule For the purposes of this Schedule the following expressions have the meanings hereby assigned to them respectively, that is to say \u2014 \u201ccannabinol derivatives\u201d means the following substances, namely, tetrahydro derivatives U * of cannabinol and 3-alky!nomologues of cannabinol or of its tethydro derivaties: \u201ccoca leaf\\\" means the leaf of any plant of the genus of the erythroxylum from which cocaine can be extracted, either directly or by chemical transformation; \u201cconcentrate of poppy-straw\u2019 means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids; \u201cganja\u201d includes all parts of any plant of the genus Cannabis and any resin obtained from that plant, but does not include medicinal preparations made from that plant in accordance with a licence granted under this or any other Law; \u201cmedicinal opium\\\" means raw opium which has undergone the process necessary to adopt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is not mixed with neutral substances; \u201copium poppy\\\" means the plant of the species Papaver somniferum L: \u201cpoppy straw\\\" means all parts, except the seeds, of the opium poppy, after mowing; \u201craw opium\\\" includes powdered or granulated opium but does not include medicinal a opium; ( o \u201cphencyclidine\u201d includes any salt, immediate precursor, homolog, analog or derivative (or salt thereof) and also the chemical \u201cPiperidine\u201d used in the manufacture of phencyclidine. Made in Council the 23rd day of July, 1991. ( MONA N. BANKS-JACKSON Clerk of the Executive Council\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_1991_01_01\", \"date\": \"1991-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_1991_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_1991_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/1991\/3\", \"FRBRdate\": [{\"date\": \"1991-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/1991\/3\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1991-0003\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"3 of 1991\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"subordinate\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/1991\/3\/eng@1991-01-01\", \"FRBRdate\": [{\"date\": \"1991-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/1991\/3\/eng@1991-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/1991\/3\/eng@1991-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/1991\/3\/eng@1991-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Misuse of Drugs (Drug Trafficking Offences) (Designated Countries) Order\", \"actNumber\": \"3 of 1991\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSupplement No. 2 Published with Gazette No. 16 of 1991\n\n| THE MISUSE OF DRUGS\n(DRUG TRAFFICKING OFFENCES)\n(DESIGNATED COUNTRIES) ORDER, 1991\n\npitti,\n*\n\nCAYMAN ISLANDS\n\nTHE MISUSE OF DRUGS LAW (SECOND REVISION)\n\nTHE MISUSE OF DRUGS\n(DRUG TRAFFICKING OFFENCES)\n(DESIGNATED COUNTRIES) ORDER, 1991\n\nIn exercise of the powers conferred upon the Governor by section i16P(1) of the Misuse\nof Drugs Law (Second Revision) the following order is made \u2014\n\nCitation and 1. This order may be cited as the Misuse of Drugs (Drug Trafficking\ncommencement. Offences) (Designated Countries) Order, 1991. and shall come into force\non the ist day of September, 1991.\n\nInterpretation 2. inthis order \u2014\n\n\u201cappropriate authority of a designated country\u201d means an authority\nspecified in the second column opposite the name of that country in\nthe First Schedule to this order:\n\n\u201ccourt of a designated country\" includes a court of any state or\nterritory of a designated country;\n\n\"designated country\u201d means a country designated under article 3(1)\nof this order; .\n\n\u201cthe Islands\" means the Cayman Islands:\n\u201cthe Law\" means the Misuse of Drugs Law (Second Revision).\n\nDesignation of and 3. (1) Each of the countries specified in the First Schedule to. this\nappheation ofthe Law to order ig hereby designated for the purposes of sections 16P and 16Q cf\nFirst Schedule. the Law.\n\n(2) In relation to a designated country, the Law shail apply, subject\n\nSecond Schedule. tg the modifications specified in the Second Schedule to this order, to\nexternal confiscation orders and to proceedings which have been or are\n\nabout to be instituted in the designated country and may result in an\n\nThird Scheduie\n\nProt sfa rdersand\ndaigmenlot court ine\ndestunated countn\n\nPundence in relation to\nproceedings and orders\n\nna designated country.\n\nexternal confiscation order being made there, and, accordingly, in\nrelation to such orders and such proceedings, the Law shall have effect\nas set out in the Third Schedule to this order. ;\n\n4. (1) For the purposes of sections 16P and 16Q of the Law and of the\nother provisions of the Law as applied under article 3(2) of this order \u2014\n\n(a) any order made or judgment given by a court in a\ndesignated country purporting to bear the seal of that court\nor to be signed by any person in his capacity as a judge.\nmagistrate or officer of that court, shall be deemed without\nfurther proof to have been duly sealed or, as the case may\nbe, to have been signed by that person; and\n\n(b) a document, duly authenticated, which purports to be a\ncopy of any order made or judgment given by a coun ina\ndesignated country shall be deemed without further proof\nto be a true copy.\n\n(2) A document purporting to be a copy of any order made or\njudgment given by a court ina designated country is duly authenticated\nfor the purpose of paragraph (1)(b) of this article if it purports to be\ncertified by any person in his capacity as a judge, magistrate or officer of\nthe court in question or by or on behalf of the appropriate authority of\nthe designated country.\n\n5. (1) For the purposes of sections 16P and 16Q of the Law, and of\nthe other provisions of the Law as applied under article 3(2) of this order,\na Certificate purporting to be issued by or on behalf of the appropriate\nauthority of a designated country stating \u2014\n\n(a) that proceedings have been instituted and have not been\nconcluded, or that proceedings are to be instituted, there:\n\n(b) that an external confiscation order is in force and is not\nsubject to appeal;\n\n(c) that all or a certain amount of the sum payable under an\nexternal confiscation order remains unpaid in the\ndesignated country, or that other property recoverable\nunder an external confiscation order remains unrecovered\nthere;\n\n(d) that any person has been notified of any proceedings in\naccordance with the law of the designated country; or\n\n(e) . that an order (however described) made by a court of the\ndesignated country has the purpose of: recovering\npayments or other rewards received in connection with\ndrug trafficking or their value:\n\nshall, in any proceedings in the Grand Court, be admissible as evidence\nof the facts so stated.\n\nAEP,\na\n\nRepresentation of\ngovernment of a\ndesignated country.\n\nSatisfaction of\nconfiscation order in a\ndesignated country.\n\nCurrency conversion.\n\n(2) In any such proceedings a statement contained in a document,\nduly authenticated, which purports to have been received in evidence or\nto be a copy of a document so received, or to set out or summarise \u2014\nevidence given in proceedings in a court ina designated country, shall\nbe admissible as evidence of any fact stated therein.\n\n(3) A document is duly authenticated for the purposes of paragraph\n(2) of this article if it purports to be certified by any person in. his\nCapacity as a judge, magistrate or officer of the court in the designated\ncountry, or by or on behalf of the appropriate authority of the designated\ncountry, to have been received in evidence or to be a copy of a\ndocument so received, or, as the case may be, to be the original\ndocument containing or summarising the evidence or a true copy of that\ndocument.\n\n(4) Nothing in this article shall prejudice the admission of any\nevidence, whether contained in any document or otherwise, which is\nadmissible apart from this article.\n\n6. A request for assistance sent to the Governor by the appropriate\nauthority of a designated country shall, unless the contrary is shown, be\ndeemed to constitute the authority of the government of that country for\nthe Attorney General or a person authorised by him in that behalf, to act\non its behalf in any proceedings in the Grand Court under section 16Q\nof the vaw or any other provision of the Law as applied by article 3(2) of\nthis order.\n\n7. (1) Where \u2014\n\n(a) a confiscation order has been made under section 16A of\nthe Law; and\n\n(b) a request has been sent by the Governor to the appropriate\nauthority of a designated country for assistance in\nenforcing that order; and\n\n(c) in execution of that request property is recovered in that\ncountry,\n\nthe amount payable under the confiscation order shall be treated as\nreduced by the value of the property so recovered.\n\n(2) For the purposes of this article, and without prejudice to the\n\nadmissibility of any evidence which may be admissible apart from this\n\nparagraph, a certificate purporting to be issued by or on behalf of the\nappropriate authority of a designated country stating that property has \u2014\nbeen recovered there in execution of a request by the Governor, stating\nthe value of the property so recovered and the date on which it was\nrecovered shall, in any proceedings in a court in the islands, be\nadmissible as evidence of the facts so stated.\n\n8. (1) Where the value of property recovered as described in article\n7(1) of this order is expressed in a currency other than that of the\n\nIslands the extent to which the amount payable under the confiscation\norder is to be reduced under that paragraph shali be calculated on the\nbasis of the exchange rate prevailing on the date on which the property\nwas recovered in the designated country concerned.\n\n(2) where an amount of money payable or remaining to be paid\nunder an external confiscation order registered in the Grand Court under\nsection 16Q of the Law is expressed in a currency other than that of the\nislands, for the purpose of any action taken in relation to that order\nunder the Law as applied under article 3(2) of this order the amount shall\nbe converted into the currency of the Islands on the basis of the\n\n\u2018 exchange rate prevailing on the date of registration of the order.\n\n(3) For the purposes of this article a written certivcate purporting to\nbe signed by any person acting in his capacity as an officer of any bank\nin the Islands and stating the exchange rate prevailing on a specified\ndate shall be admissible as evidence of the facts so stated.\n\nFIRST SCHEDULE(Article 3(1))\n\nDesignated country Appropriate authority\nThe United Kingdom The Secretary of State for the Home\nDepartment.\n\nSECOND SCHEDULE (Article 3(2))\nModifications of the Misuse of Drugs Law (Second Revision)\nFor section 2 there shall be substituted the following \u2014\n\"9 In this Law, unless the context otherwise requires \u2014\n\u201ccontrolled drug\" means a drug listed in the Schedule to the Law:\n\n\"drug trafficking\u2019 means doing or being concerned in any of the following, whether\nin the Islands or elsewhere \u2014\n\n(a) producing or supplying a controlled drug where the production or supply\ncontravenes paragraph (c) or (f) of subsection (1) of section 3;\n\n(b) storing a controlled drug where possession of the drug contravenes paragraph\n(d) of subsection (1) of section 3;\n\n(c) importing or exporting a controlled drug where the importation or exportation\nis prohibited by paragraph (a) or (b) of subsection (1) of section 3;\n\n2\n\n3.\n\n4.\n\n\u201crealisable property\" means \u2014\n\n(a) in relation to an external confiscation order made in respect of specified\nproperty, the property which is specified in the order; and\n\n(b) in any other case ~\n(i) any property held by the defendant: and\n\n(ii) any property held by a person to whom the defendant has directly or\nindirectly made a gift caught by this Law.\u201d.\n\nThe following sections shall be omitted \u2014\n\n2A, 3(2) to (6), 4 to GA, 7 to 13A, 14, 15 and 16.\n\nFor section 16A there shall be substituted the following \u2014\n\n\u201cExternal confiscation orders. 16 A (1) An order made by a court ina designated country for\n\nthe purpose of recovering payments or other rewards received\nin connection with drug trafficking or their value is referred to in\nthis Law as an \u201cexternal confiscation order\".\n\n(2) In subsection (1) the reference to an order includes\nany order, decree, direction or judgment, or any part thereof,\nhowever described.\n\n(3) A person against whom an external confiscation order\nhas been made, or a person against whom proceedings which\nmay result in an external confiscation order being made have\nbeen, or are about to be, instituted in a court in a designated\n\ncountry, is referred to in this Law as \"the defendant\".\".\n\nSections 16B, 16C, 16D, and 16E shall be omitted.\n\nIn section 16F \u2014\n\n(a)\n\n(c)\n\nfor subsection (1)(a) there shall be substituted \u2014\n\n\"(a) proceedings have been instituted against the defendant in a designated\ncountry;\n\nfor subsection (1)(c) there shall be substituted the following \u2014~\n\n\"(c) either an external confiscation order has been made in the proceedings or it\nappears to the Grand Court that there are reasonable grounds for thinking that\nsuch an order may be made in them.\".\n\nfor subsection (2) there shall be substituted the following \u2014\n\n\"(2) Those powers are also exercisable where it appears to the Grand Court that\nproceedings are to be instituted against a defendant in a designated country and\nthat there are reasonable grounds for believing that an external confiscation order\nmay be made in them.\".\n\n(d) for subsection (3) there shall be substituted the following \u2014\n\"(3) Where the court has made an order under section 16G(1) by virtue of\nsubsection (2) of this section, it shall discharge the order if the proposed\nproceedings are not instituted within such time as the court considers reasonabie.\".\n(e) for subsection (4) there shall be substituted the following \u2014\n\"(4) Proceedings for an offence are instituted in a designated country when \u2014\n\n(a) under the law of the designated country concerned a charge has been\nsigned in respect of alleged drug trafficking by the defendant; or\n\n(b) an application has been made to a court in the designated country for an\n- external confiscation order;\n\nand where the application of this subsection will result in there being more than\none time for the institution of proceedings, they shall be taken to have been\ninstituted at the earlier of those times.\". ;\n\n(f} in subsection 5 \u2014\n(i) | delete the words \"in the Islands\u201d appearing in the second line;\n(ii) substitute \"a\" for \"Her Majesty\u2019s\" in paragraph (d);\n\n(iii) for the letter \"a\" appearing in the penultimate line of paragraph (e), substitute\n\u201can external\u201d;\n\n(iv) for the letter \"a\" appearing in the first line of paragraph (f) substitute \"an\nexternal\u201d.\n\nIn section 16G \u2014\n(A) for subsection (2)(a) and (b) there shall be substituted the following \u2014\n\n\"(a) where an application under subsection (3) relates to an external confiscation\norder made in respect of specified property, to property which is specified in\nthat order; and\n\n(b) in any other case \u2014\n\n(i) to all realisable property held by a specified person, whether the\nproperty is described in the restraint order or not; and\n\n(ii) to realisable property held by a specified person, being property\ntransferred to him after the making of the restraint order.\",\n\n(B) in subsection (3) ~\n\n(a) in paragraph (a) for the words \u201cAttorney General\" there shall be substituted\nthe words \u2018government of a designated country or, in a case where an\nexternal confiscation order has been registered under section 16Q of this\n\nLaw, by a receiver appointed under section 16H of this Law, the Attorney\nGeneral or a person authorised in that behalf by the Attorney General\"; and\n\n(b) for paragraph (c) there shail be substituted the following \u2014\n\n\u2018(c) may, notwithstanding anything in the Grand Court Rules made under\nsection 21 of the Grand Court Law, provide for service on, or provision\nof notice to, persons affected by the order in such manner as the\nGrand Court may direct.\".\n\n(C) in subsection (4) for paragraph (b) there shall be substituted \u2014\n\n\"(b) shall be discharged when the proceedings in relation to which the order was\nmade are concluded.\".\n\n(D) add the following as subsection (11) \u2014\n\n\"(11) Notwithstanding anything in the Grand Court Rules made under section 21 of\nthe Grand Court Law, an application under subsection (3)(a) shall be supported by\nan affidavit which shall \u2014 .\n\n(a) state, where applicable, the grounds for believing that an external\nconfiscation order may be made in the proceedings instituted or to be\ninstituted in the designated country concerned;\n\n(b) to the best of the deponent\u2019s ability, give particulars of the realisable\nproperty in respect of which the order is sought and specify the person\nor persons holding such property:\n\n(c) in a case to which section 16F(2) of this Law applies, indicate when it\nis intended that proceedings should be instituted in the designated\ncountry concerned;\n\nand the affidavit may, unless the court otherwise directs, contain statements\nof information or belief with the sources and grounds thereof.\"\n\n7 (1) In section 16H, for subsection (1) there shall be substituted the following two\nsubsections \u2014\n\n\"(1) Where an external confiscation order has been registered in the Grand Court\nunder section 16Q of this Law, the Grand Court may, on the application of the\nAttorney General or a person authorised in that behalf by the Attorney General,\nexercise the powers conferred by subsections (1A) to (6).\n\n(1A) In respect of any sum of money payable under the external confiscation\norder the Court may make a garnishee order as if the sum were due to the Crown in\npursuance of a judgment or order of the Grand Court, but any such order may\ndirect that the sum payable be paid to the Grand Court.\u201d,\n\n8. In section 16] ~\n(a) in subsection (1) for the words \"be applied on that person's behalf towards the\n\nSatisfaction of the confiscation order\" where they occur at the end of the subsection,\nsubstitute the words \u201cbe paid to the Grand Court and applied for the purposes specified\n\nin subsection (3) and in the order so specified.\";\n\n(b) in subsection (2) for the words \"If, after the amount payable under the confiscation\norder\" substitute the words \u201cWhere a fixed amount is payable under the confiscation\norder and, after that amount\u2019;\n\n(c) in subsection (3), delete all the words from \"The receipt\" down to and including the\nwords \u201cbut the sum\" and substitute the words \"Any sum received by the Clerk of the\nCourt on account of an amount payable under a confiscation order\u2019.\n\n9. | In section 16J --\n(a) substitute the following for subsection (2) -\n\"(2) Subject to the following provisions of this section, the powers shall be\nexercised with a view to recovering property which is liable to be recovered under\nan external confiscation order registered in the Grand Court under section 16Q of\nthis Law or, as the case may be, with a view to making available for recovery,\nproperty which may become: liable to be recovered under any external\nconfiscation order which may be made in the defendant's case.\":\n(b) in subsection (6) insert the word \"external\" immediately before the word\n\u201cconfiscation\u2019;\n(c) in subsection (8) delete the words \"by the prosecution or, in a case where\nproceedings for a drug trafficking offence are not instituted,\".\n10. Sections 16K, 16L, 16M, 160, and 16P shall be omitted.\n11. In section 16N \u2014\n(a) in subsection (1) for the words \"Misuse of Drugs (Amendment) Law, 1988,\"\nsubstitute the words \"Misuse of Drugs (Drug Trafficking Offences) Order 1991-\"\n(b) in subsection (2)(b) and (3), delete the words \"subsection (5) of section 16E and \u201d:\n(c) delete subsection (6).\n12. Sections 17 to 27 shall be omitted.\n13. The Second Schedule to the Law shall be omitted.\nTHIRD SCHEDULE (Article 3(2))\nThe Misuse of Drugs Law (Second Revision) as Modified\nInterpretation. 2. In this Law unless the context otherwise requires \u2014\n\n\u201ccontrolled drug\" means a drug listed in the Schedule:\n\n\u201cdrug trafficking\" means doing or being concerned in any of the\n\nUnauthorised dealings in\ncontrolled drugs.\n\n3.\n\nfollowing, whether in the Islands or elsewhere --\n\n(a)\n\n(b)\n\n(c)\n\nproducing or supplying a controlled drug where the\nproduction or supply contravenes paragraphs (c) or (f} of\nsubsection (1) of section 3;\n\nstoring a controlled drug where possession of the drug\ncontravenes paragraph (d) of subsection (1) of section 3;\n\nimporting or exporting a controlled drug where the\nimportation or exportation is prohibited by paragraph {a) or\n(b} of subsection (1} of section 3:\n\n\u201crealisable property\u201d means \u2014\n\n(a)\n\n(b)\n\n(1)\n\nin relation to an external confiscation order made in respect\nof specified property, the property which is specified in the\norder; and\n\nin any other case \u2014\n\n(i) any property held by the defendant: and\n\n(if) any property heid by a person to whom the defendant\nhas directly or indirectly made a gift caught by this Law.\n\nWhoever, without lawful excuse or without being authorised in\n\nthat behalf \u2014\n\n(a) imports,\n\n(b) exports,\n\n) produces,\nd) stores,\ne) sells, buys or otherwise deals in,\nf) supplies,\ng) distributes,\n\n(h) dispenses,\n\n(i) issues a prescription for,\n\n(i) administers,\n\n(k) possesses, constructively or otherwise, or\n(i) consumes,\n\n(m) has in his possession, whether tawfully or not, with intent\n\nExternal confiscation\norders\n\nCases in which restraint\norders may be made.\n\nthat it be supplied, whether by himself or some other\nperson and whether in the Islands or elsewhere, to\nanother person in contravention of this subsection,\n\nany controlled drug, pipe, utensil or thing used in the preparation or\nconsumption of any controlled drug, or who attempts, assists or is\nconcerned in any of such matters is guilty of an offence.\n\n16A. (1) An order made by a court in a designated country for the\npurpose of recovering payments or other rewards received in\nconnection with drug trafficking or their value is referred to in this Law as\nan \u201cexternal confiscation order\u2019.\n\n(2) In subsection (1) the reference to an order includes any order,\ndecree, direction or judgment, or any part thereof, however described.\n\n(3) A person against whom an external confiscation order has\nbeen made, or a person against whom proceedings which may result in\nan external confiscation order being made have been, or are about to\nbe, instituted in a court in a designated country, is referred to in this Law\nas \"the defendant\".\n\n16F.(1) The powers conferred on the Grand Court by subsection (1) of\nsection 16G are exercisable where \u2014\n\n(a) proceedings have been instituted against the defendant\nin a designated country;\n\n(b) the proceedings have not been concluded: and\n\n(c) either an external confiscation order has been made in\nthe proceedings or it appears to the Grand Court that\nthere are reasonable grounds for thinking that such an\norder may be made in them.\n\n(2) Those powers are also exercisable where it appears to the\n\n\u2019 Grand Court that proceedings are to be instituted against a defendant in\n\na designated country and that there are reasonable grounds for\nbelieving that an external confiscation order may be made in them.\n\n(3) Where the court has made an order under section 16G (1) by\nvirtue of subsection (2) of this section, the court shall discharge the\norder if the proposed proceedings are not instituted within such time as\nit considers reasonable.\n\n(4) Proceedings for an offence are instituted in a designated\ncountry when --\n\n(a) under the law of the designated country concerned a\ncharge has been signed in respect of alleged drug\ntrafficking by the defendant; or\n\n(bo) an application has been made to a court in the\ndesignated country for an external confiscation order;\n\nC\n\nRestraint orders.\n\nand where the application of this subsection will result in there being\nmore than one time for the institution of proceedings, they shall be taken\nto have been instituted at the earlier of those times.\n\n(5) For the purposes of paragraph (b) of subsection (1),\nproceedings for an offence are concluded on the occurrence of one of\n\n- the followings events \u2014\n\n(a) the discontinuance of the proceedings:\n\n(b) the acquittal of the person against whom the proceedings\nwere instituted;\n\n(c) the quashing of his conviction for the offence;\n\n. (d) the grant of a pardon in respect of his conviction for the\n' offence;\n\n(e) the court sentencing or otherwise dealing with him in\nrespect of his conviction for the offence without having\nmade an external confiscation order;\n\n(f} the satisfaction of an external confiscation order made in\nthe proceedings, whether by payment of the amount due\nunder the order or by the person serving imprisonment in\ndefault.\n\n16G.(1) The Grand Court may by order prohibit any person from\ndealing with any realisable property, subject to such conditions and\nexceptions as may be specified in the order.\n\n(2) Arestraint order may apply \u2014\n\n(a) where an application under subsection (3) relates to an\nexternal confiscation order made in respect of specified\nproperty, to property which is specified in that order; and\n\n(b) in any other case ~\n\n(i) to all realisable property held by a specified person,\nwhether the property is described in the restraint\norder or not; and\n\n(ii) _ to realisable property held by a specified person,\nbeing property transferred to him after the making of\nthe restraint order.\n\n(3) A restraint order \u2014\n\n(a) may be made only on an application by or on behalf of\nthe government of a designated country or, in a case\nwhere an external confiscation order has been registered\nunder section 16Q of this Law, by a receiver appointed\nunder section 16H of this Law, the Attorney General or a\n\nperson authorised in that behalf by the Attorney General:\nand\n\n(b) may be made on an er parte application in chambers; and\n\n(c) may, notwithstanding anything in the Grand Court Rules\nmade under section 21 of the Grand Court Law, provide\nfor service on, or provision of notice to, persons affected\nby the order in such manner as the Grand Court may\ndirect.\n\n(4) - A restraint order \u2014\n\n(a) may be discharged or varied in relation to any property:\nand\n\n(b) shall be discharged when the Proceedings in relation to\nwhich the order was made are concluded.\n\n(5) Where the Grand Court has made a restraint order, it may at\nany time appoint a receiver \u2014\n\n(a) to take possession of any realisable property; and\n\n(b) in accordance with its directions, to manage or otherwise\ndeal with any property in respect of which he is -\nappointed,\n\nsubject to such exceptions and conditions as may be specified by the\ncourt; and may require any person having possession of property in\nrespect of which a receiver is appointed under this section to give\npossession of it to the receiver.\n\n(6) For the purposes of this section, dealing with property held by\nany. person includes (without prejudice to the generality of the\nexpression) \u2014\n\n(a) where a debt is owed to that person, making a payment\nto any person in reduction of the amount of the debt; and\n\n(b) removing the property from the Islands.\n\n(7) Where the Grand Court has made a restraint order, a\nconstable may seize any realisable Property for the purpose of\npreventing it being removed from the Islands.\n\n(8) Property seized under subsection (7) shall be dealt with in\naccordance with the court\u2019s directions.\n\n(9) For the purposes of this section, at any time when the powers\nconferred on the Grand Court by section 16F are exercisable before\nProceedings have been instituted, a reference to realisable property\nshall be construed as if, immediately before that time, proceedings had\nbeen instituted against the person referred to in paragraph (a) of\n\nat\n.\n\nAO,\n\nRealisation of property.\n\nsubsection (2) of section 16F for a drug trafficking offence.\n\n(10) In this section \"restraint order\" means an order made under\nsubsection (1).\n\n(11) Notwithstanding anything in the Grand Court Rules made\nunder section 21 of the Grand Court Law, an application under\nsubsection (3)(a) shall be supported by an affidavit which shall \u2014\n\n(a) state, where applicable, the grounds for believing that an\nexternal confiscation order may be made in the\nproceedings instituted or to be instituted in the\ndesignated country concerned:\n\n(b) to the best of the deponent'\u2019s ability, give particulars of\nthe realisable property in respect of which the order is\nsought and specify the person or persons holding such\nproperty;\n\n(c) in a case to which section 16F(2) of this Law applies,\nindicate when it is intended that proceedings should be\ninstituted in the designated country concerned:\n\nand the affidavit may, unless the court otherwise directs, contain\nStatements of information or belief with the sources and grounds\nthereof.\n\n16H.(1) Where an external confiscation order has been registered in\nthe Grand Court under section 16Q of this Law, the Grand Gourt may,\non the application of the Attorney General or a person authorised in that\nbehalf by the Attorney General, exercise the powers conferred by\nsubsections (1A)to (6).\n\n(1A) In respect of any sum of money payable under the external\ncontiscation order the court may make a garnishee order as if the sum\nwere due to the Crown in pursuance of a judgment or order of the\nGrand Court, but any such order may direct that the sum payable be\npaid to the Grand Court.\n\n(2) The court may appoint a receiver in respect of realisable\nproperty.\n\n(3) The court may empower a_ receiver appointed under\nsubsection (2) of this section or under subsection (5) of section 16G, in\nrelation to any realisable property, to take possession of that property\nsubject to such conditions or exceptions as may be specified by the\ncourt.\n\n(4) The court may order any person having possession of\nrealisable property to give possession of it to any such receiver.\n\n(5) The court may empower any such receiver to realise any\nrealisable property in such manner as the court may direct.\n\nAppheation of proceeds\nof realisation and other\nsums,\n\n(6) The court may order any person holding an interest in\nrealisable property to make such payment to the receiver in respect of\nany beneficial interest held by the defendant or, as the case may be, the\nrecipient of a gift caught by this Law, as defined in subsection (1) of\nsection 16N, as it may direct and, on the payment being made, it may\nby order, transfer, grant or extinguish any interest in the property.\n\n(7) The court shall not in respect of any property exercise the\npowers conferred by subsection (5) or (6) unless a reasonable\nopportunity has been given for persons holding any interest in the\nproperty to make representations to it.\n\n(8) For the purposes of paragraph (b) of subsection (1). an order\nis subject to appeal so long as an appeal or further appeal is pending\nagainst it or, if it was made on a conviction, against that conviction; and,\nfor this purpose, an appeal or further appeal shall be treated as pending\n(where one is competent but has not been brought) until the expiration\nof the time for bringing that appeal.\n\n161. (1) Subject to subsection (2), the following sums in the hands of a\nreceiver appointed under subsection (5) of section 16G or under\nsubsection (2) of section 16H, that is \u2014\n\n(a) the proceeds of the realisation of any property under\nparagraph (b) of subsection (5) of section 16G or under\nsubsection (5) or (6) of section 16H; and\n\n(b) any other sums, being property held by a person against\nwhom proceedings have been instituted for a drug\ntrafficking offence,\n\nshall, after such payments (if any) as the Grand Court may direct have\nbeen made out of those sums, be paid to the Grand Court and applied\nfor the purposes specified in subsection (3) and in the order so\nspecified.\n\n(2) Where a fixed amount is payable under the confiscation order\nand, after that amount has been fully paid, any such sums remain in the\nhands of such a receiver, the receiver shall distribute those sums \u2014\n\n(a) among such of those who held property which has been\nrealised; and\n\n(b) in such proportions,\n\nas the Grand Court may direct after giving a reasonable opportunity for\nsuch person to make representations to the court.\n\n(3) Any sum received by the Clerk of the Court on account of an\namount payable under a confiscation order shall be applied as follows \u2014\n\n(a) if paid by a receiver under subsection (1), it shail first be\napplied in payment of his remuneration and expenses;\n\nSi \u2014,\n\nExercise of powers by\nGrand Court or receiver.\n\n(b) subject to paragraph (a), it shall be applied in\nreimbursement of any sums paid by the prosecution\nunder subsection (8) of section 16J, and the balance shall\nbe treated as if it were a fine imposed by the court.\n\n16J. (1) Subsections (1) to (6) inclusive apply to the powers conferred\non the Grand Court by sections 16G, 16H and 16! or on a receiver\nappointed under subsection (5) of section 16G or under subsection (2)\nof section 16H. .\n\n2) Subject to the following provisions of this section, the powers\nshall be exercised with a view to recovering property which is liable to\nbe recovered under an external confiscation order. registered in the\nGrand Court under section 16Q of this Law or, as the case may be, with\na view to making available for recovery, property which may become\n\n\" liable to be recovered under any external confiscation order which may\n\nbe made in the defendant's case.\n\n(3) In the case of realisable property held by a person to whom\nthe person against whom the proceedings have been instituted has\ndirectly or indirectly made a gift caught by this Law, as defined in\nsubsection (1) of section 16N, the powers shall be exercised with a view\nto realising no more than the value for the time being of that gift.\n\n(4) The powers shall be exercised with a view to allowing any\nperson other than the person against whom the proceedings have been\ninstituted or the recipient of any such gift, to retain or recover the value\nof any property held by him.\n\n(5) An order may be made or other action taken in respect of a\ndebt owed by the Crown.\n\n(6) In exercising those powers, no account shall be taken of any\nobligations of the person against whom the proceedings have been\ninstituted or of the recipient of any such gift which conflict with the\nobligation to satisfy the external confiscation order.\n\n(7) Where a receiver appointed under subsection (5) of section\n16G or under subsection (2) of section 16H takes any action \u2014\n\n(a) in relation to property which is not realisable property,\nbeing action which he would be entitled to take if it were\nsuch property;\n\n(b) believing, and having reasonable grounds for believing,\nthat he is entitled to take that action in relation to that\nproperty;\n\nhe shall not be liable to any person in respect of any loss or damage\nresulting from his action, except in so far as the loss or damage is\ncaused by his negligence.\n\n(8) Any amount due in respect of the remuneration and expenses\nof a receiver appointed under subsection (5) of section 16G or under\n\ny\n\nOther provisions re\nOffences, gifts. property,\nele,\n\nsubsection (2) of section 16H shall, if no sum is available to be applied in\npayment of it under paragraph (a) of subsection (3) of section 16!, be\npaid by the person on whose application the receiver was appointed.\n\n16N (1) A gift, including a gift made before the commencement of the\nMisuse of Drugs (Drug Trafficking Offences)(Designated Countries)\nOrder 1991 is caught by this Law if \u2014\n\n(a) it was made by a person against proceedings have been\ninstituted for a drug trafficking offence at any time since\nthe beginning of the period of six years ending when the\nproceedings were instituted; or\n\n(b) it was made by him at any time and was a gift of property\n(i) received by him in connection with drug trafficking\ncarried on by him or another; or\n\n(ii) | which in whole or in part directly or indirectly\nrepresented in his hands property received by him in\nthat connection.\n\n(2) For the purpose of subsection (1) \u2014\n\n{a} the circumstances in which a person against whom\nproceedings have been instituted for a drug trafficking\noffence is to be treated as making a gift include those\nwhere he transfers property to another person directly or\nindirectly for a consideration the value of which is\nsignificantly less than the value of the consideration\nprovided by him; and\n\n(b) in those circumstances, subsections (1), (2), (4) and (5)\nof this section shall apply as if he had made a gift of such\nshare in property as bears to the whole property the\nsame proportion as the difference between the values\nreferred to in paragraph (a) bears to the value of the\nconsideration provided by him.\n\n(3) Subject to subsections (1), (2), (4) and (5) of this section, for\nthe purposes of this Law the value of property (other than cash) in\nrelation to any person holding the property is \u2014\n\n(a) where any other person holds an interest in the property,\nthe market value of the first mentioned person's beneficial\ninterest in the property, less the amount required to\ndischarge any incumbrance on that interest;\n\n(b) in any other case, its market value.\n\n(4) Subject to subsection (2), a reference in this Law to the value\nat any time (referred to in subsection (5) as \"the material time\") of a gift\ncaught by this Law, as defined in subsection (1), or of any payment or\nreward is a reference to \u2014\n\nRegistration of external\nvonfiscation order,\n\n(a) the value of the gift. payment or reward to the recipient\nwhen he received it. adjusted to take account of\nsubsequent changes in the value of money; or\n\n(b) where subsection (5) applies, the value there mentioned,\nwhichever is the greater.\n\n(5) Subject to subsection (2), if at the material time the recipient\nholds ~\n\n(a) the property which he received (not being cash); or\n\n(b) property which, in whole or in part, directly or indirectly\nrepresents in his hands the property which he received,\n\n16Q.(1) Onan application made by or on behalf of the Government of\na designated country, the Grand Court may register an external\nconfiscation order made there if it is \u2014\n\n(a) satisfied that at the time of registration the order is in\nforce and not subject to appeal (which expression\nincludes both any proceedings by way of discharging or\nsetting aside a judgment or an application for a new trial\nor for a stay of execution);\n\n(b) satisfied, where the person against whom the order is\nmade did not appear in the proceedings, that he received\nnotice of the proceedings in sufficient time to enable him\nto defend them; and\n\n{c) of the opinion that enforcing the order in the tslands\nwould not be contrary to the interests of justice.\n\n(2) The Grand Court shall cancel the registration of an external\nconfiscation order if it appears to it that the order has been satisfied by\npayment of the amount due under it, by the person against whom it was\nmade serving imprisonment in default of payment, or by any othe:\nmeans.\n\nThe Schedule (Sec. 2).\nControlled Drugs\n\n1 The following substances. and products by whatever name known, namely --\n\nAcetorphine\n\nDiampromide\n\nAcetyldihydrocodeine . Diethylthiambutene\n\nAllytprodine\n\nDihydrocode O-carboxymethyloxime\n\nAlphacetylmethadol\n\nAlphameprodine\n\nAlphamethadol\n\nAlphaprodine\n\nAnileridine\n\nBenzethidine\n\nBenzylmorphine (3-benzyimorphine)\n\nBetacetyimethadol\n\nBetameprodine\n\nBetamethadol\n\nBetapradine\n\nBezitramide\n\nBufotenine\n\nCannabinol\n\nCannabinol derivatives\n\nClonitazene\n\nCoca leaf\n\nCocaine\n\nCodeine\n\nDesomorphine\n\nDextromorarnide\n\nDiamorphine\n\nHydromorphinol\n\nHydromorphone\n\nHydroxypethidine\n\n|somethadone\n\nKetobemidone\n\nLevomethorphan\n\nLevomoramide\n\nLevophenacylmorphan\n\nLevorphanol\n\nLysergamide\n\nLysergide and other N-alkyl derivatives of\niysergamide\n\nMescaline\n\nMetazocine\n\nMethadone\n\nMethady! acetate\n\nMethyldesorphine\n\nMethyidihydromorphine\n(6-methyidihydromorphine)\n\nMetopon\n\nMorpheridine\n\nMorphine\n\nMorphine methobromide,\nmorphine-N-oxide and other\npentavalent nitrogan morphine\nderivatives\n\nMyrophine\n\nNicocodine\n\nNicomorphine (3, 6 dinicotinylmorphine)\n\nNoracymethadol\n\nNorcodeine\n\nNorlevorphanol\n\nNormethadone\n\nDihydromorphine\n\nDimenoxado!\n\nDimepheptanol\n\nDimethylthiambutene\n\nDioxaphety! butyrate\n\nDiphenoxylate\n\nDipipanone\n\nEcgonine, and any derivative of ecgonine\nwhich is convertible to ecgonine or to\ncocaine\n\nEthylmethylthiambutene\n\nEthylmorphine (3-ethyimorphine)\n\nEtonitazene\n\nEtorphine\n\nEtoxeridine\n\nFentanyl\n\nFurethidine\n\nHeroin\n\nHydrocodone\n(dihydrocodeinone)\n\nOpium, whether raw, prepared or medical\n\nOxycodone\n\nOxymorphone\n\nPethidine\n\nPhenadoxone\n\nPhenampromide\n\nPhenazocine\n\nPhenomorphan\n\nPhenoperidine \u00a9\n\nPholcodine\n\nPiminodine\n\nPiritramide\n\nPoppy-straw and concentrate of\npoppy-straw\n\nProhetazine\n\nProperidine (1-methyl-4phenylpiperidine-4-carboxylic acid\n!sopropyl ester)\n\nPsilocine\n\nRacemethorphan\n\nRacemoramide\n\nRacemorphan\n\nThebacon\n\nThebaine\n\nTrimeperidine\n\n4-Cyano-2 Dimethylamino-4,\n4-diphenylbutane\n\n4-Cyano-1 methyl-4-phenyl-4-piperidine\n\n1-Methyl-4 phenylpiperidine -4-carboxylic\nacid\n\n2-Methyl-3-morpholino-1,\n1-diphenylpropane carboxylic acid\n\n4-Phenylpiperidine-4-carboxylic acid ethyl\nester.\n\nNormorphine\nNorpipanone\n\n2. Any stereoisomeric form of a substance for the time being specified in paragraph 1\nabove not being dextromethorphan or dextrorphan.\n\n3 Any ester or ether of a substance for the time being specified in paragraph 1 or 2\nabove.\n\n4 Any salt ofa substance for the time being specified in any of paragraphs 1 to 3 above. \u2014\n\n5 Any preparation or other product containing a substance or product for the time being\nspecified in any of paragraphs 1 to 4 above\n\n6. Any preparation intended for administration by injection which includes a substance or\nproduct for the time being specified in any of paragraphs 1 to 3 above.\n\n7.\nAmphetamine Merphentermine\nAponeuron (2-a Methylamphetamine\nMethlyphenethylamino-2-phenylace Methylphenidate\ntonitrile N-b-) Pemaline\nBenzphetamine Phenatine (N-a Methyiphenethy!\nCamphamedrine nicotinamide)\n(N-b-Hydroxy-a-methylphenethy! Phendimetrazine\nN-methyl-camphor-10-sulphonamid Phenmetrazine\ne Phentermine\nChiorphentermine Plenylpropylm ethylamine\nDoxapram Pipradrol\nFenethylline Prolintane\nGanja Tranylcypromine.\n\n8. Any stereoisomeric form of a substance for the time being specified in paragraph 7 above.\n9. Any salt of a substance for the time being specified in paragraph 7 or 8 above.\n\n10. Any preparation or other product containing a substance or product for the time being\nspecified in any of paragraphs 7 to 9 of this Schedule not being a preparation falling within\nparagraph 6 above.\n\n11.\n\nAmfechloral Mefenorex\nAmfepramone Metamfepramone\nCypenamine Methaqualone\nDiphenethoxidine Prazitone\nEthylamphetamine Pheniprazine\nFenmetramide Phenpentermine\nFurfuryimethyl-amphetamine Phenbutrazate\nLerophacetoperane Rolicyprine.\n\n12. Any stereoisomeric form of a substance for the time being specified in paragraph 11 of\nthis Schedule.\n\n13. Any salt of a substance for the time being specified in paragraph 11 or 12 abcve.\n\n14. Any preparation or other product containing a substance for the time being specified in\nany of paragraphs 11 to 13 above. oe\n\n15. Mecloqualone and Phencyclidine.\n\n16. Derivatives of Barbituric Acid.\n\nMeaning of certain expressions used in this Schedule\n\nFor the purposes of this Schedule the following expressions have the meanings hereby\nassigned to them respectively, that is to say \u2014\n\n\u201ccannabinol derivatives\u201d means the following substances, namely, tetrahydro derivatives U *\nof cannabinol and 3-alky!nomologues of cannabinol or of its tethydro derivaties:\n\n\u201ccoca leaf\" means the leaf of any plant of the genus of the erythroxylum from which\ncocaine can be extracted, either directly or by chemical transformation;\n\n\u201cconcentrate of poppy-straw\u2019 means the material produced when poppy-straw has\nentered into a process for the concentration of its alkaloids;\n\n\u201cganja\u201d includes all parts of any plant of the genus Cannabis and any resin obtained from\nthat plant, but does not include medicinal preparations made from that plant in\naccordance with a licence granted under this or any other Law;\n\n\u201cmedicinal opium\" means raw opium which has undergone the process necessary to\nadopt it for medicinal use in accordance with the requirements of the British\nPharmacopoeia, whether it is in the form of powder or is granulated or is in any other\nform, and whether it is not mixed with neutral substances;\n\n\u201copium poppy\" means the plant of the species Papaver somniferum L:\n\n\u201cpoppy straw\" means all parts, except the seeds, of the opium poppy, after mowing;\n\n\u201craw opium\" includes powdered or granulated opium but does not include medicinal a\nopium; ( o\n\n\u201cphencyclidine\u201d includes any salt, immediate precursor, homolog, analog or derivative\n(or salt thereof) and also the chemical \u201cPiperidine\u201d used in the manufacture of\nphencyclidine.\n\nMade in Council the 23rd day of July, 1991. (\n\nMONA N. BANKS-JACKSON\nClerk of the Executive Council","akn_extracted_at":"2026-06-22 15:39:57.569186+00","cms_id":"1991-0003","law_type":"subordinate","year":"1991","number":"3","title":"Misuse of Drugs (Drug Trafficking Offences) (Designated Countries) Order","status":"in_force"},"provenance":{"files":[{"file_id":"16689","expr_id":"749","kind":"akn_xml","filename":"1991-0003_SL 3 of 1991.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/1991\/1991-0003\/1991-0003_SL 3 of 1991.akn.xml","content_md5":"159edd29ea2b5105544254816f77cd3b","byte_size":"46300","http_last_modified":null,"fetched_at":"2026-06-22 15:39:57.651945+00"},{"file_id":"1497","expr_id":"749","kind":"pristine_pdf","filename":"1991-0003_SL 3 of 1991.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/1991\/1991-0003\/1991-0003_SL 3 of 1991.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/1991\/1991-0003\/1991-0003_SL 3 of 1991.pdf","content_md5":"c9ff95528188539c8f198c7a0b249fa6","byte_size":"1857804","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.290804+00"},{"file_id":"1498","expr_id":"749","kind":"working_pdf","filename":"1991-0003_SL 3 of 1991.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/1991\/1991-0003\/1991-0003_SL 3 of 1991.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/1991\/1991-0003\/1991-0003_SL 3 of 1991.pdf","content_md5":"c9ff95528188539c8f198c7a0b249fa6","byte_size":"1857804","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.290804+00"}],"paragraph_count":15,"latest_history":null},"quality":{"expr_id":"749","doc_id":"749","quality_state":"known_issue","quality_score":"70","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,page_header_footer_noise,truncated_text}","llm_categories":"{ocr_noise,duplicate_text,truncated_text}","repair_actions":"{collapse_duplicate_text,reextract_full_text,rerun_ocr_or_source_text_extraction,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"high\": 1, \"medium\": 2}","finding_summary":"OCR artifacts and possible extraction gaps require review before data can be considered clean for downstream processing.","assessed_at":"2026-06-22 15:29:45.858402+00","updated_at":"2026-06-22 15:29:45.858402+00"}}