New | Hong Kong Bar Association opposes planned drug testing scheme
Government has failed to justify that the scheme is necessary, says legal group
The Hong Kong Bar Association voiced its opposition to the planned drug testing scheme, saying that “the extraordinary and draconian police powers sought” would “seriously interfere with fundamental constitutional rights”.
The government was also said to have failed to justify that the scheme was necessary to achieve its intended goal of reducing drug abuse, the association said in its submission to the Legislative Council on December 30.
The Action Committee Against Narcotics proposed giving police the power to request a mandatory drug test if they detect the presence of drugs or if a person shows signs of being under the influence of narcotics.
A four-month consultation is taking place and will end on January 24.
The association described as “insufficient” the justification to trigger a mandatory drug test when a police officer “reasonably suspects the person has consumed dangerous drugs” as stated in the government consultation paper, and said the scheme, if implemented, “would lead to serious intrusion into the freedom and privacy of the person”.
Any interference of fundamental constitutional rights must be prescribed by law and proportionate to a legitimate aim which must be present, the association said.