Drug law enforcement: a sociological case study of the Hong Kong customs and excise service

Abstract

Sociological literature on law enforcement discretion in drug related

offences has been sparse with practically no similar research conducted in

Hong Kong. This study therefore contributes to the comparative literature by

exploring factors affecting customs officers’ decision to make dangerous drug

arrests. Quantitative analyses were conducted to understand the importance

of organizational and individual variables to an officer’s arrest behavior.

Furthermore, officer’s interpretation of indirect factors was derived from

in-depth interviews.

Results showed that most officers were inclined to make arrests when in a

team and on duty, indicating that individuals behaved relative to significant

others as shown in previous academic studies. Additional remuneration (by

time-off or pay) was an incentive to arrest. Furthermore, the legality of the

arrest decision (a factor identified in previous research) was found in this study

to be more important than obeying superior’s orders. Even where officers

lacked practical experience in handling dangerous drugs offences, they were

more willing to arrest than without supplementary remuneration.

Only a minority of officers reported that they would make an arrest when

off duty, or when in a non-drug enforcement post, in line with earlier

researches. Where officers were alone, they tended to abstain from arresting,

which demonstrated the lesser importance of generalized others in arrest

decisions. As with other researches, where there was a risk of disciplinary

punishment, fewer officers made an arrest to the majority.

In terms of individual factors, officers with experience in drug

investigation became less risk averse and more inclined to arrest regardless of

supplementary remuneration, when on duty and where they themselves had no

practical experience in handling drug cases. As proposed by earlier research,

socialization appeared an important influence on discretion in this study.

The positive impact of higher education on officer motivation to make

arrests regardless of remuneration terms corresponds to findings by other

scholars. Furthermore, officers with specialized training were more willing to

arrest when on duty and alone, supporting studies on qualifications.

Officers in the promotional ranks had a higher tendency to make arrests

under conditions without supplementary remuneration, when they were on duty

and alone, and when in a non-drug enforcement post (together with officers in

the rank of Customs Officers for the latter).

However, officers’ tendency to arrest decreased over length of service

regardless of team influence, where they had not acquired arrest skills. This

endorsed findings from other studies that motivation decreased over time.

This study showed that team dynamics and exposure in drug investigation

were the most important organizational and individual factors correlating

positively with customs officers’ discretion to make dangerous drug arrests.