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Dangerous Drugs (Amendment) Act 2001

REPUBLIC OF KIRIBATI

(No. 14 of 2001)

I assent

(Signed: T. Tito)
Beretitenti
14/01/2002

AN ACT TO AMEND THE DANGEROUS DRUGS ORDINANCE (CAP. 23)

Commencement:
01/01/2002

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short Title

1. This Act may be cited as the Dangerous Drugs (Amendment) Act 2001.

Amendment of Part II

2. Part II of the Dangerous Drugs Ordinance (hereinafter referred to as "the principal Ordinance") is amended at the heading –

(a) by repealing "and" and substituting "a comma"; and

(b) by adding at the end of heading "DATURA METEL".

Amendment of section 4

3. Section 4 of the principal Ordinance is amended in subsection (1) by inserting ", datura metel" between "coca leaf" and "Indian hemp" appearing in the second line.

Amendment of section 5

4. Section 5 of the principal Ordinance is amended by inserting "or any seed of the datura metel" between "coca leaf" appearing in the second line and "or any portion" appearing in the second and third line.

Amendment of section 7

5. Section 7 of the principal Ordinance is amended by inserting "or datura metel" between "coca leaf" and "plant" appearing in the second line.

Amendment of section 8

6. Section 8 of the principal Ordinance is amended in paragraph (a) by inserting "or datura metel" between "coca leaf" and "whether for" appearing in the second line.

Amendment of section 9

7. Section 9 of the principal Ordinance is amended as follows -

(a) in subsection (1):-

(i) by inserting "or datura metel" between "coca leaf" and "as kept" appearing in the third line; and

(ii) by inserting "or datura metel" between "coca leaf" and "found there" appearing in the fifth line;

(b) in subsection (2) by adding "or datura metel" to the end of such subsection (2).

Amendment of section 10

8. Section 10 of the principal Ordinance is amended by inserting "or datura metel" between "coca leaf" and "found upon" appearing in the first line.

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DANGEROUS DRUGS (AMENDMENT) ACT

EXPLANATORY MEMORANDUM

Very recently, a plant called Thorn Apple with a botanical name "datura metel" and an I-Kiribati name of Urin Tiaina has been detected as a potent drug plant. This plant is not indigenous to Kiribati and would have been smuggled into the country either in the late 1970s or early 1980s. The plant was known to be poisonous when several secondary school students after consuming the seeds and flower of this plant were hospitalised. Research into this reveals that it is a drug plant having similar effects to that of coca leaf or Indian hemp.

The Dangerous Drugs Ordinance does not include this plant as a dangerous drug plant under Part II. The amendment at Part II and sections 4, 5, 7, 8, 9 and 10 therefore seeks to include this dangerous drug plant among the opium, Indian hemp and coca leaf. By doing so, the police can exercise their powers under the said Part II to eradicate such plant.

Michael N Takabwebwe
Attorney General
23 November 2001