Offences II: Terrorist Activities and Collusion with Foreign Forces

To coerce _____ or intimidate the public in order to pursue political agendas — fill in the three categories of coercion targets.

• The Central People's Government, the HKSAR Government or an international organisation (all three required)
• Three coercion targets: Central Government, HKSAR Government, international organisation
• Intimidating the public is a parallel (not subordinate) criminal purpose
• Either purpose suffices to constitute the offence

What are the five categories of terrorist activities? (Select all correct items)

• Serious violence against persons
• Explosion, arson or release of toxic/radioactive/pathogenic substances
• Destruction of conveyances, transport facilities, electric/gas equipment or other inflammable/explosive equipment
• Serious disruption of electronic control systems for public services (water/electricity/gas/transport/communications/network)
• Other dangerous methods that seriously endanger public health or safety

Under NSL Article 24, what is the maximum sentence for committing a terrorist act that causes death?

• Life imprisonment (maximum)
• Or 10 or more years imprisonment
• Triggered by: causing serious bodily injury, death or major property loss
• Other circumstances: 3 to 10 years only

Under NSL Article 25, what is the punishment for actively participating in a terrorist organisation?

• 3 or more but not more than 10 years imprisonment
• Plus a fine (mandatory)
• Different from leadership (life/10+ years + property confiscation)
• Different from other participation (up to 3 years + discretionary fine)

Under NSL Article 25, what additional penalty is imposed on the leader of a terrorist organisation?

• Confiscation of property (not a fine)
• Mandatory, not discretionary
• Principal sentence: life or 10 or more years imprisonment

Under NSL Article 26, what is the sentence for supporting terrorist activities in serious circumstances?

• 5 or more but not more than 10 years imprisonment
• Plus a fine or confiscation of property
• Other circumstances: up to 5 years plus a fine
• Note: the upper limit is not more than 10 years, not 10 or more

Advocating terrorism or inciting terrorist acts in serious circumstances is punishable by _____ or more but not more than _____ years imprisonment plus a fine or confiscation of property.

• 5; 10 (serious circumstances: 5 or more but not more than 10 years)
• Plus a fine or confiscation of property (one or the other, not necessarily confiscation)
• Other circumstances: up to 5 years plus a fine
• Both advocating terrorism and inciting terrorist acts constitute the offence

Under NSL Article 28, what is the effect of this section on HKSAR local law?

• Does not affect liability for other terrorism offences under HKSAR law
• Local law may still apply measures such as freezing of property
• Article 28 is a preservation clause, not a replacement of local law

Which of the following acts constitute collusion with foreign forces? (Select all correct items) (i) Manipulating or sabotaging HKSAR elections with possible serious consequences; (ii) Imposing sanctions, blockade or hostile actions against the HKSAR or PRC; (iii) Inciting HKSAR residents to hate the Central or HKSAR Government through unlawful means with possible serious consequences.

• All of (i)(ii)(iii) constitute the offence — selecting all is the standard trap
• Most of the five categories require "possible serious consequences" as an additional element (except the war/force category)
• Other two categories: waging war/using force against PRC sovereignty; seriously obstructing the government in making/implementing laws or policies
• All five acts must be committed by requesting, conspiring, or receiving direction/funding/support from foreign forces

For a foreign/external institution, organisation or person, _____ state secrets or intelligence concerning national security — fill in the four verbs.

• Steal, spy, obtain, unlawfully provide (all four verbs required, fixed order)
• Recipients: foreign/external institutions, organisations or individuals (three categories)
• Subject matter: state secrets or intelligence concerning national security
• Common traps: "illegally delete", "attack" or "disclose" are not the statutory verbs

Under NSL Article 29, how is sentencing for collusion with foreign forces tiered?

• General circumstances: 3 or more but not more than 10 years imprisonment
• Serious offence: life imprisonment or 10 or more years imprisonment
• Foreign/external persons convicted as joint offenders (Article 29(2))

Under what circumstances does the aggravated sentencing in NSL Article 30 apply?

• Must conspire with foreign/external institutions, organisations or individuals
• Or directly or indirectly receive their direction, control, funding or other support
• For the purpose of committing Article 20 (secession) or Article 22 (subversion)
• Sentenced more severely under Articles 20 or 22 — no new offence is created

Under NSL Article 29(2), how are foreign personnel convicted for colluding in the offences?

• Convicted and sentenced as joint offenders
• Held equally criminally liable alongside Hong Kong residents
• Not exempt or subject to lighter treatment