Internationally Protected Persons and Taking of Hostages Ordinance

by Legislative Council of Hong Kong

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HONG KONG

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Ordiance No. 20 of 1995

An Ordinance to provide for the implementation of both the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents and the International Convention against the Taking of Hostages; and for related matters.

[31 March 1995]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. Short title

This Ordinance may be cited as the Internationally Protected Persons and Taking of Hostages Ordinance.

2. Interpretation

In this Ordinance—

“act” (作為) includes an omission;

“nationality” (國籍) includes citizenship;

“protected person” (應受保護人員) means, in relation to an alleged offence under section 3 or 5, any of the following—

(a) a person who at the time of such alleged offence is a Head of State, a member of a body which performs the functions of Head of State under the constitution of the State, a Head of Government or a Minister for Foreign Affairs and who is at such time outside the territory of the state in which he holds office;

(b) a person, other than a person described in paragraph (a), who, because of his being at such time a representative or an official of a state or territory or an official or agent of an international organization of an inter-governmental character, is entitled under international law to special protection from attack on his person, freedom or dignity;

(c) a person who at such time is a member of the same family as a person mentioned in paragraph (a) or (b) (“the other person”) and—

(i) if the other person is a person described in paragraph (a), is at such time accompanying that person; or

(ii) if the other person is a person described in paragraph (b), is a member of that person’s household;

“a relevant premises” (有關處所) means any premises at which a protected person resides or is staying or which are used by a protected person for the purpose of carrying out his official functions as such a person;

“vehicle” (車輛) means any vehicle whether mechanically propelled or not which is constructed or adapted for use on a road and, in addition, includes an aircraft, hovercraft, ship or vessel and any other means of transport.

3. Attacks and threats of attack on protected persons

(1) Any person, whatever his nationality, who outside Hong Kong—

(a) does any act to or in relation to a protected person which, if done in Hong Kong, would constitute the offence of murder, manslaughter, rape, assault occasioning actual bodily harm, kidnapping, false imprisonment or an offence under section 17, 19, 20, 21, 22, 23, 28, 29, 30 or 43 of the Offences against the Person Ordinance (Cap. 212) or section 53 of the Crimes Ordinance (Cap. 200); or

(b) in connection with an attack either on a relevant premises or on a vehicle ordinarily used by a protected person which is made when a protected person is in or on the premises or vehicle, does any act which, if done in Hong Kong, would constitute an offence under section 53 or 60 of the Crimes Ordinance (Cap. 200),

is guilty of such of those offences of which he would have been guilty had the act occurred in Hong Kong and shall be punishable accordingly.

(2) Subject to subsection (3), any person, whatever his nationality, who in Hong Kong or elsewhere—

(a) makes to another person a threat that he or any other person will do an act which if done would constitute an offence mentioned in subsection (1)(a); or

(b) attempts to make or aids, abets, counsels or procures the making of such a threat to another person,

with the intention that the other person shall fear that the threat will be carried out, commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

(3) A term of imprisonment imposed under subsection (2) shall not exceed the maximum which may be imposed as regards any offence which would have been constituted had the threat been carried out.

(4) For the purposes of subsections (1) and (2) and section 5 it is immaterial whether a person knows that another person is a protected person.

(5) Proceedings for an offence which apart from this section or section 5 would not be an offence in Hong Kong shall only be instituted by, or with the consent of, the Attorney General.

4. Hostage taking

(1) Any person, whatever his nationality, who in Hong Kong or elsewhere—

(a) detains any other person (“the hostage”); and

(b) in order to compel a state, an international governmental organization or any person to do or to abstain from doing any act, threatens to kill, injure or continue to detain the hostage,

commits an offence.

(2) A person guilty of an offence under subsection (1) is liable, on conviction on indictment, to imprisonment for life.

(3) Proceedings for an offence under this section shall only be instituted by, or with the consent of, the Attorney General.

5. Attempts etc.

Any person, whatever his nationality, who, whether in Hong Kong or elsewhere—

(a) attempts—

(i) to commit against a protected person, an offence which is an offence mentioned in section 3(1)(a), whether it is an offence by virtue of section 3(1) or not; or

(ii) to commit an offence in connection with an attack mentioned in section 3(1)(b), whether it is an offence by virtue of section 3(1) or not; or

(iii) to commit an offence under section 4; or

(b) aids, abets, counsels or procures—

(i) the commission by another person of an offence described or mentioned in paragraph (a)(i), (ii) or (iii); or

(ii) an attempt by another person to commit an offence so described or mentioned,

commits an offence and may be dealt with and punished in the same manner as if the offence in question had been committed by him.

6. Evidential value of certain certificates

(1) If in any proceedings for an offence under or by virtue of this Ordinance a question arises as to whether a person is or was a protected person, a document purporting to be a certificate issued by the Governor and to certify any fact relating to the question shall be conclusive evidence of that fact.

(2) In any proceedings for an offence under or by virtue of this Ordinance, a document purporting to be a certificate issued by the Governor and to certify that, at a time or during a period specified in the document—

(a) a state so specified was a country or state which was then a party to the 1973 Convention; or

(b) a state so specified was a country or state which was then a party to the 1979 Convention,

shall be conclusive evidence of that fact.

(3) In this section—

“the 1973 Convention” (《1973年公約》) means the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents opened for signature at New York on 14 December 1973;

“the 1979 Convention” (《1979年公約》) means the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

7. Construction of Fugitive Offenders Order

The Fugitive Offenders (Hong Kong) Order 1967 (App. III, p. CK1), as amended, shall be construed and have effect as if offences under or by virtue of this Ordinance were included among the descriptions of offences set out in Schedule 1 to the Schedule to that Order.

8. Consequential amendments

(1) In so far as they apply to Hong Kong, the enactments specified in the second column of the Schedule are amended in the manner specified in the third column of the Schedule opposite their mention in the said second column.

(2) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply in relation to the enactments specified in the Schedule as they apply in relation to an Ordinance.

Item	Enactment	Amendment
1.	The Internationally Protected Persons Act 1978 (Overseas Territories) Order 1979 (App. III, p. BG1)	In Schedule 2 by repealing “Hong Kong”.
2.	The Taking of Hostages Act 1982 (Overseas Territories) Order 1982 (S.I. 1982 No. 1540)	In Schedule 2 by repealing “Hong Kong”.
3.	The Visiting Forces Act (Application to Colonies) Orders 1954 to 1967 (App. III, p. AZ1)	In the Second Schedule to the Orders by adding— “15. In paragraph 1 of the Schedule there shall be inserted— “(d) an offence of making such a threat as is mentioned in section 3(2) of the Internationally Protected Persons and Taking of Hostages Ordinance (20 of 1995) and any of the following offences against a protected person within the meaning of that Ordinance, namely, an offence of kidnapping, an offence of false imprisonment and an offence under section 53 of the Crimes Ordinance (Cap. 200) of causing an explosion likely to endanger life; (e) an offence under section 53 of the Crimes Ordinance (Cap. 200) of causing an explosion likely to cause serious injury to property in connection with such an attack as is mentioned in section 3(1)(b) of the Internationally Protected Persons and Taking of Hostages Ordinance (20 of 1995).”. ”.