Lexis Insights

Legal News, Views, and Insights from LexisNexis Hong Kong

The new amendments introduced four new sections to the United Nations (Anti-Terrorism Measures) Ordinance (“UNATMO”) with recommendations made by the Financial Action Task Force (on Money Laundering) (FATF) on the freezing of terrorist property. The four new sections are s.8A, s.11K, s.11L, s.11M on prohibitions on travelling, providing or collecting property to finance travel, and organising or facilitating travel for the purpose of participation in terrorist acts or training, and dealing with specified terrorist property and property of or held at the direction of specified terrorists.

Section 8A states that without the authority of a license granted by the Secretary for Security, a person must not directly or indirectly deal with any property knowing that, or being reckless as to whether, the property is owned or controlled by terrorist, or held by a person on behalf of a terrorist or associated to terrorist. This provision was enacted to reinforce the freezing position in section 6 UNATMO.

Section 11K(1) prohibits people from ‘going on board a conveyance with’ the intention to leave Hong Kong for a foreign state for a specified purpose and subsection (2) prohibits the act of ‘leaving for a foreign state’ for a specific purpose.

Section 11L required the mental element of “intending” or “knowing” that the property will be used to finance travel for a specified purpose without the need to actually use the property for the specified purpose.

The mental element state is also the key in section 11M with regards to their “intention” or “knowing” that the travel will be for a specified purpose. The person does not actually need to make the travel and would be still caught by the wording of the legislation. A company or agency would only contravene section 11M if it had the intention or knowledge that the travel of a person between states was organised or facilitated for a specified purpose. The police would communicate with travel industries and provide them with information in respect of the new offences. The travel industry can then report any client’s suspicious planned travel to the police.

There are further considerations and comments made by the Administration and Security Council referring to articles of the Basic Law and the United Nations Security Council resolution.

For more information on the amendments of the United Nations (Anti-Terrorism Measures) Ordinance:

• Cross-Border Crime in Hong Kong by Wayne Walsh SC