TNAG-2887-FCO40-4159-Hong-Kong-localisation-of-laws-internationally-protected-pe-1993 — Page 12

BG 2

APP. III]

Prevention and Suppression of Terrorism

(1986 Ed.

(a) any act to or in relation to a protected person which, if he had done it in any part of the Territory, would have made him guilty of the offence of murder, manslaughter, rape, assault occasioning actual bodily harm, kidnapping. false imprisonment or an offence under section 18. 20. 21, 22, 23, 24, 28, 29. 30 or 56 of the Offences against the Person Act 1861(a) or section 2 of the Explosive Substances Act 1883(b): or

(b) in connection with an attack on any relevant premises or on any vehicle ordinarily used by a protected person which is made when a protected person is on or in the premises or vehicle, any act which, if he had done it in any part of the Territory, would have made him guilty of an offence under section 2 of the Explosive Substances Act 1883 or section 1 of the Criminal Damage Act 1971(c),

he shall in the Territory be guilty of the offences aforesaid of which the act would have made him guilty if he had done it there.

(2) If a person in the Territory or elsewhere, whether a citizen of the United Kingdom and Colonies or not-

(a) attempts to commit an offence which, by virtue of the preceding subsection or otherwise, is an offence mentioned in paragraph (a) of that subsection against a protected person or an offence mentioned in paragraph (b) of that subsection in connection with an attack so mentioned; or

(b) aids, abets, counsels or procures the commission of such an offence or of an

attempt to commit such offence.

he shall in the Territory be guilty of attempting to commit the offence in question or, as the case may be, of aiding, abetting, counselling or procuring the commission of the offence or attempt in question.

(3) If a person in the Territory or elsewhere, whether a citizen of the United Kingdom and Colonies or not-

(a) makes to another person a threat that any person will do an act which is an

offence mentioned in paragraph (a) of the preceding subsection; 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. the person who makes the threat or, as the case may be, who attempts to make it or aids, abets, counsels or procures the making of it, shall in the Territory be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years and not exceeding the term of imprisonment to which a person would be liable for the offence constituted by doing the act threatened at the place where the conviction occurs and at the time of the offence to which the conviction relates.

(4) For the purposes of the preceding subsections it is immaterial whether a person knows that another person is a protected person.

(5) For the purposes only of this section the said sections of the Offences against the Person Act 1861, of the Explosive Substances Act 1883 and of the Criminal Damage Act 1971 if not already in force in the Territory, shall be deemed to be in force in the Territory as they are in force in England.

(6) In this section-

"act" includes omission:

"a protected person" means, in relation to an alleged offence, any of the following, namely-

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

(b) a person who at the time of the alleged offence is a representative or an official of a State or an official or agent of an international organisation of an inter-governmental character. is entitled under international law to special protection from attack on his person, freedom or dignity and does not fall within the preceding paragraph:

(a) 1861 c. 100.

(b) 1883 c. 3.

(c) 1971 c. 48.

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