Hong Kong Ordinances

UNITED NATIONS (ANTI-TERRORISM MEASURES) ORDINANCE - SECT 2

Interpretation

(Past version on 27/02/2004).
(Past version on 23/08/2002).

(1) In this Ordinance, unless the context otherwise requires-

"authorized officer" (獲授權人員) means-

   (a)  a police officer;

   (b)  a member of the Customs and Excise Service established by section 3 of
        the Customs and Excise Service Ordinance ( Cap 342);

   (c)  a member of the Immigration Service established by section 3 of the
        Immigration Service Ordinance ( Cap 331); or

   (d)  an officer of the Independent Commission Against Corruption
        established by section 3 of the
        Independent Commission Against Corruption  Ordinance ( Cap 204);
        (Added 21 of 2004 s. 3)

"Committee" (聯合國委員會) means-

   (a)  the Committee of the United Nations Security Council established
        pursuant to the United Nations Security Council Resolution 1267 of 15
        October 1999; or

   (b)  any other committee-

        (i)    of the United Nations;

        (ii)   established pursuant to a United Nations Security Council
               Resolution made, or a United Nations Convention which has
               entered into force, after 15 October 1999; and

        (iii)  the function of which, in whole or in part, is to designate
               persons or property as terrorists, terrorist associates or
               terrorist  property, as the case may be;

"Court" (法院) means the Court of First Instance; (Added 21 of 2004 s. 3)

"entity" (實體) means any body of persons (including individuals), whether
corporate or unincorporate;

"functions" (職能) includes powers;

"funds" (資金) includes funds mentioned in Schedule 1; (Amended 21 of 2004
s. 3)

"items subject to legal privilege" (享有法律特權的品目) has the same
meaning as in section 2(1) of the Organized and Serious Crimes Ordinance (
Cap 455);

"material" (材料) includes any book, document or other record in any form
whatsoever, and any article or substance; (Added 21 of 2004 s. 3)

"possession" (管有) includes control; (Added 21 of 2004 s. 3)

"practicable" (切實可行) means reasonably practicable;

"premises" (處所) includes any place and, in particular, includes-

   (a)  any vehicle, vessel, aircraft, hovercraft or offshore structure; and

   (b)  any tent or movable structure; (Added 21 of 2004 s. 3)

"prescribed interest" (訂明權益), in relation to any property, means an
interest in the property prescribed by rules of court as an interest for the
purposes of this Ordinance;

"relevant offence" (有關罪行) means an offence against this Ordinance;
(Added 21 of 2004 s. 3)

"Secretary" (局長) means the Secretary for Security;

"terrorist" (恐怖分子) means a person who commits, or attempts to commit,
a terrorist act or who participates in or facilitates the commission of a
terrorist act;

"terrorist act" (恐怖主義行為)-

   (a)  subject to paragraph (b), means the use or threat of action where-

        (i)    the action is carried out with the intention of, or the threat
               is made with the intention of using action that would have the
               effect of- (Amended 21 of 2004 s. 3) (A) causing serious
               violence against a person; (B) causing serious damage to
               property; (C) endangering a person's life, other than that of
               the person committing the action; (D) creating a serious risk
               to the health or safety of the public or a section of the
               public; (E) seriously interfering with or seriously disrupting
               an electronic system; or (F) seriously interfering with or
               seriously disrupting an essential service, facility or system,
               whether public or private; and (Amended 21 of 2004 s. 3)

        (ii)   the use or threat is- (A) intended to compel the Government or
               to intimidate the public or a section of the public; and (B)
               made for the purpose of advancing a political, religious or
               ideological cause;

   (b)  in the case of paragraph (a)(i)(D), (E) or (F), does not include the
        use or threat of action in the course of any advocacy, protest,
        dissent or industrial action;

"terrorist associate" (與恐怖分子有聯繫者) means an entity owned or
controlled, directly or indirectly, by a terrorist;

"terrorist property" (恐怖分子財產) means-

   (a)  the property of a terrorist or terrorist associate; or

   (b)  any other property consisting of funds that-

        (i)    is intended to be used to finance or otherwise assist the
               commission of a terrorist act; or

        (ii)   was used to finance or otherwise assist the commission of a
               terrorist act;

"weapons" (武器) includes-

   (a)  chemical, biological, radiological or nuclear weapons and their
        precursors;

   (b)  any arms and related material (including ammunition, military
        vehicles, military equipment and paramilitary equipment); and

   (c)  any components of any arms and related material mentioned in paragraph
        (b).

(2) Any reference in the definition of "terrorist act" to-

   (a)  an action, person or property includes an action, person or property
        outside the HKSAR;

   (b)  the Government or public includes the government, or the public, of a
        place outside the HKSAR.

(3) For the purposes of this Ordinance, any proceeds of a terrorist or
terrorist associate arising from a terrorist act are-

   (a)  any payments or other rewards received at any time by the terrorist or
        terrorist associate in connection with the commission of that act;

   (b)  any property derived or realized, directly or indirectly, by the
        terrorist or terrorist associate from any of the payments or other
        rewards; and

   (c)  any pecuniary advantage obtained in connection with the commission of
        that act.

(4) For the purposes of this Ordinance, a person who has a prescribed interest
in any property shall be deemed to be a person by, for or on behalf of whom
the property is or was held.

(5) Nothing in this Ordinance shall-

   (a)  require the disclosure of any items subject to legal privilege;

   (b)  authorize the search or seizure of any items subject to legal 
        privilege; or

   (c)  restrict the privilege against self-incrimination.

(6) Without prejudice to the powers of the Court under the Rules of the High
Court ( Cap 4 sub. leg. A), the Court may of its own motion or on application
order that any person who may be affected by an application- (Amended 21 of
2004 s. 21)

   (a)  under section 5 in the case of an application under section  5 (1)
        made inter partes; or

   (b)  under section 13, 17 or 18, be joined as a party to the proceedings.
        (Amended L.N. 29 of 2004)

(7) For the avoidance of doubt, it is hereby declared-

   (a)  that section 14 of the High Court Ordinance ( Cap 4) shall apply to
        any judgment or order of the Court arising from proceedings- (Amended
        21 of 2004 s. 21)

        (i)    under section 5 in the case of an application under section  5
               (1) made inter partes; or

        (ii)   under section 13, 17 or 18;

   (b)  the provisions of this Ordinance shall be subject to the operation of
        Part XII of the Interpretation and General Clauses Ordinance ( Cap 1).

"authorized officer" (獲授權人員)

"Committee" (聯合國委員會)

"Court" (法院)

"entity" (實體)

"functions" (職能)

"funds" (資金)

"items subject to legal privilege" (享有法律特權的品目)

"material" (材料)

"possession" (管有)

"practicable" (切實可行)

"premises" (處所)

"prescribed interest" (訂明權益)

"relevant offence" (有關罪行)

"Secretary" (局長)

"terrorist" (恐怖分子)

"terrorist act" (恐怖主義行為)

"terrorist associate" (與恐怖分子有聯繫者)

"terrorist property" (恐怖分子財產)

"weapons" (武器)