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Following is the speech by the Secretary for Security, Mr Ambrose S K Lee, in resumption of Second Reading Debate on the Safety of United Nations and Associated Personnel Bill in the Legislative Council today (January 31):
Madam President,
First of all, I would like to thank Hon Margaret Ng, Chairman of the Bills Committee and all other members for scrutinising the Safety of United Nations and Associated Personnel Bill. We have accepted all the main proposals of the Bills Committee for attaining the objective of the Convention on the Safety of United Nations and Associated Personnel more effectively, and providing for the elements of the new offence in a clearer and more stringent manner. I will propose amendments to the relevant provisions at the Committee stage later.
The Convention on the Safety of United Nations and Associated Personnel was adopted by the United Nations General Assembly in December 1994. It has entered into force for Hong Kong as from October 22, 2004. As I mentioned in May last year when moving the second reading of the Bill, the objective of the Convention is to ensure the safety and security of United Nations and associated personnel participating in peacekeeping operations in different parts of the world by requiring State Parties to take the necessary measures. These measures include punishing criminal attacks against these personnel by appropriate penalties, cooperating in the prevention of such crimes and providing assistance to one another in connection with criminal proceedings.
Hong Kong's existing administrative measures and legislation can already comply with the majority of the requirements of the Convention. New legislative measures are needed to establish certain acts proscribed by the Convention as criminal offences punishable by appropriate penalties under our domestic legislation and to establish extra-territorial jurisdiction over the crimes proscribed by the Convention.
Article 9 of the Convention requires each State Party to establish various attacks against United Nations and associated personnel, including murder and kidnapping, or a threat or an attempt to commit any such attack, as criminal offences under its national law. Each State Party shall also make the offences punishable by appropriate penalties which shall take into account their grave nature.
Currently, the general criminal offences under the existing Crimes Ordinance and the Offences against the Person Ordinance etc as well as common law can already deal with most of the above crimes. As for the offence of threat, it is already criminalised under the Crimes Ordinance. However, the maximum penalty for this existing offence is only imprisonment for five years. Taking into account the internationally recognised need to protect the safety and security of United Nations and associated personnel and the Convention requirements, the Bill proposes to provide for a maximum penalty of imprisonment for ten years for the offence of threat proscribed by the Convention. In this respect, the Bills Committee recommended including the "intention" and "knowledge" of the criminal act as elements of the offence. We have accepted the Bills Committee's suggestion and will move amendments to amend the provisions relevant to the offence.
Paragraph 1(b) of Article 10 of the Convention requires each State Party to establish jurisdiction over the crimes proscribed by the Convention when the alleged offender is a national of that State. Under Hong Kong's legal system, the status of "permanent residency" is the most akin to the concept of "nationality". On this basis, Hong Kong may establish jurisdiction over persons of Chinese and other nationalities who are permanent residents of Hong Kong. Regarding Chinese nationals and other nationals who merely ordinarily reside in Hong Kong but are not Hong Kong permanent residents, or who have no residency in Hong Kong, however, paragraph 1(b) of Article 10 of the Convention contemplates that it should be the States of which they are nationals to establish the required extra-territorial jurisdiction. Therefore, the Bill proposes to establish extra-territorial jurisdiction over persons who are Chinese nationals and Hong Kong permanent residents. This is consistent with Hong Kong's obligation under the Convention.
The Bills Committee suggested that the Bill should establish extra-territorial jurisdiction over stateless persons who are Hong Kong permanent residents. Although this suggestion does not constitute a mandatory requirement under the Convention, it would facilitate Hong Kong in protecting United Nations and associated personnel more effectively, which in turn could better attain the objective of the Convention. We have accepted the Bills Committee's suggestion and will amend the relevant provisions.
The Convention also contains requirements on States Parties' duty to release and return captured or detained United Nations and associated personnel as well as extradition of fugitive offenders. To give effect to these requirements, we have drafted two Orders under the International Organisations (Privileges and Immunities) Ordinance and the Fugitive Offenders Ordinance respectively. The Bills Committee scrutinised these draft Orders. Upon the passage of the Bill, we will submit the draft Orders to the Chief Executive in Council, for making them as subsidiary legislation. They will then be submitted to the Legislative Council for the approval under the negative vetting procedure.
Madam President, with these remarks, I hope Members will support the Safety of United Nations and Associated Personnel Bill and the amendments I will move later. Thank you.
Ends/Wednesday, January 31, 2007
Issued at HKT 15:57
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