Hong Kong has been besieged by violent protest for the past four months and yet lacks modern comprehensive legislation, such as Britain’s Terrorism Act 2000, to enable police to fight terrorism effectively. While Hong Kong has Chapter 575 of the United Nations (Anti-Terrorism Measure) Ordinance, this law is limited in scope. Undoubtedly, the violent protesters, by blocking the MTR, airport and highways, throwing petrol bombs, burning down Bank of China branches and damaging Maxim’s restaurants and shops, fall within the definition of terrorists under the above law. Faced with terrorists, the police is justified in using a greater level of force against them and have exercised considerable restraint so far. The Terrorism Act 2000 gives necessary powers to British police to combat terrorism effectively. For example, it: 1. Allowed the police to detain people arrested for terrorism offences for up to seven days. (This was later amended.) 2. Gives the secretary of state the power to proscribe organisations and sets out a range of offences connected with proscribed organisations. 3. Creates offences associated with financing and support for terrorism, as well as criminalising specified offences such as possessing information related to terrorism or inciting overseas terrorism . 4. Grants the police the power to stop and search a person or a vehicle without suspicion if the police are operating in a designated area under special authorisation. ‘Terrorism’: behind the loaded word applied to Hong Kong protests In relation to Northern Ireland, a person who is charged with a scheduled offence shall not be admitted to bail except by a judge of the High Court. The scheduled offences include riots, wounding with intent to cause grievous bodily harm, causing explosions, sending explosive substances or throwing corrosive liquid with the intent to cause grievous bodily harm. In the Hong Kong context, the police must be given additional power to disable internet websites, through which the violent protesters are mobilised. Hong Kong needs a more comprehensive terrorism legislation to further empower the police to effectively combat terrorism. Edward Chow, Admiralty
