Page:Internationally Protected Persons and Taking of Hostages Ordinance (Cap. 468).pdf/3

A294 (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 Attorney General.

4. Hostage taking

(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 Attorney General.

5. Attempts etc.

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.