Proposals to implement Article 23 of the BASIC LAW

National Security (Legislative Provisions) Bill:
Serious criminal means

The following sets out a number of statutory provisions which criminalize acts that might amount to “serious criminal means” referred to in the proposed section 2A(4)(b) of the Crimes Ordinance. The list is by no means exhaustive.

An offence of subversion under the proposed section 2A of the Crimes Ordinance requires that the serious criminal means used must reach an extent as to seriously endanger the stability of the People’s Republic of China. Similarly, the offence of secession under the proposed section 2B of the Crimes Ordinance requires that the serious criminal means used must reach an extent as to seriously endanger the territorial integrity of the People’s Republic of China.

Item	Offences in Hong Kong
1	Common law offences of murder and manslaughter
2	Section 53 of the Crimes Ordinance (Cap. 200) - Causing explosion likely to endanger life or property
3	Section 60(1) of the Crimes Ordinance (Cap. 200) - Destroying or damaging property
4	Section 60(2) of the Crimes Ordinance (Cap. 200) - Destroying or damaging property intending to endanger life
5	Section 10 of the Offences against the Person Ordinance (Cap. 212) - Administering poison or wounding with intent to murder
6	Section 11 of the Offences against the Person Ordinance (Cap. 212) - Destroying or damaging building with intent to murder
7	Section 12 of the Offences against the Person Ordinance (Cap. 212) - Setting fire to or casting away ship with intent to murder
8	Sections 17(a) and 17(b) of the Offences against the Person Ordinance (Cap. 212) - Wounding or causing grievous bodily harm
9	Section 19 of the Offences against the Person Ordinance (Cap. 212) - Wounding or inflicting grievous bodily harm
10	Section 22 of the Offences against the Person Ordinance (Cap. 212) - Administering poison, etc., so as to endanger life or inflict grievous bodily harm
11	Section 23 of the Offences against the Person Ordinance (Cap. 212) - Administering poison, etc., with intent to injure, etc.
12	Section 28 of the Offences against the Person Ordinance (Cap. 212) - Causing bodily injury by gunpowder, etc.
13	Section 29 of the Offences against the Person Ordinance (Cap. 212) - Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm
14	Section 22 of the Firearms and Ammunition Ordinance (Cap. 238) - Dangerous or reckless use of firearm etc.
15	Section 8(1A) of the Water Pollution Control Ordinance (Cap. 358) - Prohibited discharges into waters into Hong Kong and inland waters
16	Section 9(1)(a) of the Aviation Security Ordinance (Cap. 494) - Destroying, damaging or endangering safety of aircraft
17	Sections 9(1)(b) and 9(2) of the Aviation Security Ordinance (Cap. 494) - Endangering safety of aircraft
18	Section 11(3) of the Aviation Security Ordinance (Cap. 494) - Communication of information endangering or likely to endanger safety of aircraft

Department of Justice
June 2003

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Last Updated : 19-6-2003