Louis Ng on misuse of drugs and constitution amendment bills

To prove that a substance is a psychoactive substance under a new Bill, the prosecution only has to prove that a product has the capacity to produce a psychoactive effect. The burden is then on the individual to prove that the psychoactive substance is an excluded substance - such as alcohol, food, health products or herbal medicines - on a balance of probabilities. Making this point in Parliament on Tuesday (Mar 21), MP Louis Ng asked for clarity on what exactly it is that the individual is required to prove. He also raised concern about “stacked presumptions”, saying they challenge the traditional position that the prosecution must prove every element of the offence beyond reasonable doubt - even more so, when applied to new psychoactive substances which cover non-exhaustive categories. He asked what would be required to rebut stacked presumptions. Finally, Mr Ng said children whose parents are caught up in drug raids can be traumatised. He asked how the Ministry of Home Affairs will work with the Ministry of Social and Family Development to ensure that children in these situations are cared for appropriately.