Internationally Protected Persons And Taking Of Hostages Ordinance


Published: 1997-06-30

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Cap 468 - INTERNATIONALLY PROTECTED PERSONS AND TAKING OF HOSTAGES ORDINANCE 1

Chapter: 468 INTERNATIONALLY PROTECTED PERSONS AND
TAKING OF HOSTAGES ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


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.

(Enacted 1995)


[31 March 1995]

(Originally 20 of 1995)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Internationally Protected Persons and Taking of Hostages Ordinance.
(Enacted 1995)


Section: 2 Interpretation 30/06/1997


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.

(Enacted 1995)

Section: 3 Attacks and threats of attack on protected persons L.N. 362 of 1997 01/07/1997


(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



Cap 468 - INTERNATIONALLY PROTECTED PERSONS AND TAKING OF HOSTAGES ORDINANCE 2

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 Secretary for Justice. (Amended L.N. 362 of 1997)

(Enacted 1995)

Section: 4 Hostage taking L.N. 362 of 1997 01/07/1997


(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
Secretary for Justice. (Amended L.N. 362 of 1997)

(Enacted 1995)

Section: 5 Attempts etc. 30/06/1997


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.

(Enacted 1995)

Section: 6 Evidential value of certain certificates 71 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) If in any proceedings for an offence under or by virtue of this Ordinance a question arises as to whether a



Cap 468 - INTERNATIONALLY PROTECTED PERSONS AND TAKING OF HOSTAGES ORDINANCE 3

person is or was a protected person, a document purporting to be a certificate issued by the Chief Executive 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 Chief Executive 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.

(Amended 71 of 1999 s. 3)
(Enacted 1995)


Section: 7 (Repealed L.N. 205 of 1997) 30/06/1997




Section: 8 (Omitted as spent) 30/06/1997


(Enacted 1995)

Schedule: SCHEDULE (Omitted as spent) 30/06/1997


(Enacted 1995)

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