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Following is the speech by the Secretary for Security, Mr Ambrose S K Lee, in moving Committee Stage Amendments to Clauses 2, 5 and 7 of the Safety Of United Nations and Associated Personnel Bill in the Legislative Council today (January 31):
Madam President,
I move the amendments to clauses 2, 5 and 7, as set out in the paper circularised to Members.
Clause 2 - the definition of "specified person" in the Bill be amended
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The amendment to clause 2 seeks to extend the extra-territorial jurisdiction under the Bill to stateless persons who are Hong Kong permanent residents.
As I mentioned earlier during the resumption of second reading debate, to implement the mandatory requirement as set out in paragraph 1(b) of Article 10 of the Convention on the Safety of United Nations and Associated Personnel, the Bill proposes to establish extra-territorial jurisdiction over persons who are Chinese nationals and Hong Kong permanent residents in respect of the crimes proscribed by the Convention. The coverage of such jurisdiction is spelt out by the definition of "specified person" in clause 2 of the Bill. The Bills Committee suggested that extra-territorial jurisdiction be extended to cover stateless persons who are Hong Kong permanent residents, so that such persons who may not have been covered by the extra-territorial jurisdiction established by the State Parties of the Convention will be brought to justice in Hong Kong if they committed the crimes proscribed by the Convention outside Hong Kong. Indeed, paragraph 2(a) of Article 10 of the Convention provides that a State Party may establish its jurisdiction over a stateless person whose habitual residence is in that State and who committed the crime. This is a non-mandatory provision. The Bills Committee's suggestion is consistent with this non-mandatory provision and can facilitate the better attainment of the objective of the Convention in protecting the United Nations and associated personnel. Therefore, we have accepted the Bills Committee's suggestion and proposed to amend the definition of "specified person" in clause 2 of the Bill to include persons who are stateless and Hong Kong permanent residents.
Clauses 5 and 7 - the clauses related to the threat offence be amended
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The amendments to clauses 5 and 7 seek to include "intention" as an element of the threat offence.
As I mentioned earlier, the Bill proposes to provide for a maximum penalty of ten years' imprisonment for the threat offence proscribed by the Convention. As this penalty level is higher than that for the existing general threat offence, the Bills Committee suggested that the "intent" to commit the crime against United Nations and associated personnel, or the "knowledge" that the crime was targeted at United Nations and associated personnel should be included as an element of the offence. We have accepted this suggestion, and hence will amend clause 5 of the Bill to provide that in the context of the threat offence, an offender knowing or having reason to believe that the person to whom an act constituting a "relevant offence" will be done is a member of the United Nations or associated personnel, commits an offence. With clause 5 amended, clause 7 needs to be consequentially amended to provide for an exception for clause 5.
The Bills Committee discussed and supported the above amendments. I hope that Members will support and pass them.
Ends/Wednesday, January 31, 2007
Issued at HKT 15:58
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