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Following is the English translation of the speech by the Secretary for Security, Mr Ambrose S K Lee, in moving the second reading of the Safety of United Nations and Associated Personnel Bill in the Legislative Council today (May 17):
Madam President,
I move the second reading of the Safety of United Nations and Associated Personnel Bill.
Introduction
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The Convention on the Safety of United Nations and Associated Personnel was adopted by the United Nations General Assembly in December 1994 and entered into force in January 1999. Its objective is to ensure the safety and security of United Nations and associated personnel by requiring State Parties to take all necessary measures to protect these personnel participating in peacekeeping operations in different parts of the world. These measures include establishing criminal attacks against these personnel punishable by appropriate penalties, cooperating in the prevention of such crimes and providing assistance to one another in connection with criminal proceedings. The Convention entered into force for China, including Hong Kong, on October 22, 2004.
Hong Kong's existing administrative measures and legislation can already comply with the majority of the requirements of the Convention. However, the requirements to make certain acts proscribed by the Convention punishable by appropriate penalties; to establish extra-territorial jurisdiction over such crimes; to release and return captured or detained United Nations and associated personnel; and to extradite offenders need to be implemented by new legislative measures.
Articles 9 and 10(1) of the Convention
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Article 9 of the Convention requires each State Party to make attacks such as murder and kidnapping, or threats or attempts to make such attacks against United Nations and associated personnel crimes under its national law and punishable by appropriate penalties which shall take into account their grave nature.
Currently, the general criminal offences under a number of existing legislation such as the Crimes Ordinance and the Offences against the Person Ordinance as well as common law can already deal with most of these crimes. For the offence of "threat", section 24 of the Crimes Ordinance already provides that a person in Hong Kong who threatens any other person with any illegal act with intent to cause the person to do any act which he is not legally bound to do or to omit to do any act which he is legally entitled to do, shall be guilty of an offence. However, this offence is only punishable by a maximum penalty of 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, we propose prescribing a higher maximum penalty for the offence of threatening to commit an attack proscribed by the Convention. Thus the Bill proposes to provide for a maximum penalty of imprisonment for ten years for the offence of threatening to commit an attack proscribed by the Convention.
Article 10(1) of the Convention requires each State Party to establish jurisdiction over the crimes proscribed by the Convention when committed in the territory of that State, on board a ship or aircraft registered in that State, or when the alleged offender is a national of that State. The existing general criminal offences can already deal with such crimes when committed in Hong Kong, irrespective of the offenders' nationality. The Crimes Ordinance and the Aviation Security Ordinance respectively provide Hong Kong with jurisdiction over any offence committed on board a Hong Kong registered ship or a Hong Kong registered aircraft respectively. However, these provisions cannot cover the crimes proscribed by the Convention committed outside Hong Kong territory and not on board a Hong Kong registered ship or aircraft. Thus the Bill proposes to establish extra-territorial jurisdiction over Chinese nationals who are Hong Kong permanent residents committing the crimes proscribed by the Convention outside Hong Kong.
Articles 8, 13(1) and 15 of the Convention
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Article 8 of the Convention provides that if United Nations and associated personnel are captured or detained in the course of the performance of their duties, they shall not be subjected to interrogation and they shall be promptly released and returned to the United Nations or other appropriate authorities. Articles 13(1) and 15 of the Convention require taking measures to extradite to another State Party offenders who have committed the crimes set out in the Convention. To give effect to these requirements, we have prepared two draft Orders under the International Organisations (Privileges and Immunities) Ordinance and the Fugitive Offenders Ordinance respectively for Members' scrutiny. The drafts need to be referred back to the Chief Executive in Council to be made as subsidiary legislation under the two ordinances respectively and are subject to the approval of the Legislative Council under the negative vetting procedure.
Madam President, with these remarks, I urge Members to support the Bill. Thank you.
Ends/Wednesday, May 17, 2006
Issued at HKT 13:51
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