Stage two of the Government's anti-terrorism legislative exercise is set to be launched.
The United Nations (Anti-Terrorism Measures)(Amendment) Bill 2003 will be gazetted on May 9 and tabled at the Legislative Council on May 21.
The objective of the Bill is to fulfil Hong Kong's international obligations in the fight against terrorism and terrorist financing. This is important in upholding Hong Kong's reputation as an international financial centre.
The Bill is meant to:
* Implement the requirements under United Nations Security Council Resolution 1373 and the Special Recommendations of the Financial Action Task Force on Money Laundering to freeze the non-fund property of terrorists and terrorist organisations;
* Implement the International Convention for the Suppression of Terrorist Bombings (the Bombings Convention), which requires State Parties to criminalise terrorist-type attacks by means of explosives or other lethal devices;
* Implement the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (the Maritime Safety Convention) and its Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (the Protocol), which require State Parties to criminalise unlawful acts against the safety of maritime navigation (such as the seizure of a ship by force or threat, performance of an act of violence against a person on board a ship and damage of maritime navigational facilities) and of fixed platforms for exploiting offshore resources; and,
* Provide for the necessary law-enforcement powers.
The Bill will also amend the existing section 10 of the United Nations (Anti-Terrorism Measures) Ordinance on prohibition of recruitment of members for terrorist organisations by stipulating the appropriate mental elements for the offences concerned.
The provisions on the new offences aim to criminalise terrorist-type unlawful acts, as required under the Bombings Convention, the Maritime Safety Convention and the Protocol.
The proposed powers are subject to effective judicial and procedural safeguards. They are modelled on similar powers as provided for under the Drug Trafficking (Recovery of Proceeds) Ordinance, the Organised & Serious Crimes Ordinance and the Dangerous Drugs Ordinance, the exercise of which is subject to prior court authorisation.
The Government will also take forward the Fugitive Offenders (Terrorist Bombings) Order, the Fugitive Offenders (Maritime Safety) Order and the Mutual Legal Assistance in Criminal Matters (Terrorist Bombings) Order to implement the obligations on extradition and mutual legal assistance under the Bombings Convention, the Maritime Safety Convention and the Protocol, respectively.
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