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Legislative Council 立法會 Legislative Council LC Paper No. LS 98/01-02 Paper for the LegCo Panel on Security A comparison of Overseas Anti-Terrorism Legislation on Listing Process 1. At the meeting of the Panel on Security on 5 February 2002, Members requested the Legal Service Division and the Research and Library Services Division to provide details about the process of listing terrorists in overseas countries and the relevant provisions of the legislation of these countries. 2. A table comparing the textual differences of the relevant legislation is at the Annex. The information, updated as at 13 May 2002, has been collected from official web sites on the Internet. We have selected those jurisdictions whose legislation is in the English language. 3. The table comprised of three parts : (a) part I sets out legislation under which listing is subject to legislative process; (b) part II sets out legislation enabling listing not subject to legislative intervention; and (c) part III sets out legislation without a mechanism for listing. Encl Legal Service Division Research and Library Services Division LegCo Secretariat 30 May 2002 Annex I. LISTING SUBJECT TO LEGISLATIVE PROCESS JURISDICTIONS LEGISLATION AND PURPOSE LISTING AMENDMENT REMARKS COMMENCEMENT DATE United Kingdom Terrorism Act 2000 To reform and extend • Under section 3, an organisation is proscribed if it • The Secretary of State may by order add an • Under section 123 of the Terrorism Act 2000, an existing counter-terrorist is listed in Schedule 2 or it operates under the same organisation to Schedule 2 if he believes that it is order shall not be made by the Secretary of State 20 July 2000 legislation, building on the name as an organisation so listed. concerned in terrorism, remove an organisation unless a draft has been laid before and approved by proposals in the from that Schedule, or amend the Schedule in resolution of each House of Parliament. An order (as amended by the Government's consultation some other way. may be made without a draft having been approved Anti-Terrorism, Crime document Legislation if : and Security Act 2001 against terrorism published • An application may be made to the Secretary of in December 1998. State for removing an organisation from Schedule a. the Proscribed Organisations Appeal 20 December 2001) 2. If the application is refused, the applicant may Commission makes an order; or appeal to the Proscribed Organisations Appeal b. the Secretary of State is of the opinion that it is Commission which shall allow any appeal if it necessary by reason of urgency. considers that the decision to refuse is flawed when considered in the light of the principles of • The Order made without an approved draft shall judicial review. A party to an appeal may bring a contain a declaration of the Secretary's opinion; further appeal on a question of law to the Court of and shall cease to have effect at the end of the Appeal. period of 40 days beginning with the day on which the Secretary makes the Order, unless a resolution approving the Order is passed by each House during that period. • The proscribed organisations listed in Schedule 2 of the Terrorism Act 2000 are : The Irish Republican Army, Cumann na mBan, Fianna na hEireann, the Red Hand Commando, Saor Eire, the Ulster Freedom Fighters, the Ulster Volunteer Force, the Irish National Liberation Army, the Irish People's Liberation Organisation, the Ulster Defence Association, the Loyalist Volunteer Force, the Continuity Army Council, the Orange Volunteers and the Red Hand Defenders. - 3 - JURISDICTIONS LEGISLATION AND PURPOSE LISTING AMENDMENT REMARKS COMMENCEMENT DATE Canada United Nations To implement the United • A "listed person" is defined to mean : • A listed person may apply in writing to the • Under section 19 of the Statutory Instruments Act, Suppression of Nations Security Council Solicitor General for his name to be removed from every statutory instrument issued, made or Terrorism Regulations Resolution 1373 (UNSCR a. Usama bin Laden or his associates as defined the schedule. The Solicitor General may, after established, shall stand permanently referred to 1373). in section 1 of the United Nations Afghanistan reviewing the application, recommend to the any Committee of the House of Commons, of the (made under the United Regulations, and Governor in Council that the applicant be removed Senate or of both Houses of Parliament that may Nations Act) b. a person whose name is listed in the schedule from the schedule, if there are reasonable grounds be established for the purpose of reviewing and to the Regulations in accordance with for removal. scrutinizing the statutory instruments. 2 October 2001 section 2. • The Standing Joint Committee for the Scrutiny of • Under section 1 of the United Nations Afghanistan Regulations monitors the exercise of regulatory Regulations, Usama bin Laden or his associates power on behalf of Parliament. The Committee means Usama bin Laden or any individual or entity checks the instruments against the criteria associated with him according to the Committee of approved by the Senate and the House of the Security Council, including those in the Al- Commons at the beginning of each session of Qaida organization. Parliament. • Under section 2, a person whose name is listed in • When the Committee finds a problem with a the schedule is a person who there are reasonable statutory instrument, it tells the regulation-making grounds to believe : authority and suggests solutions. Where the Committee and the regulation-making authority a. has carried out, attempted to carry out, are unable to agree on a solution, the Committee participated in or facilitated the carrying out of may make a report drawing the matter to the a terrorist activity; attention of both Houses of Parliament. Where b. is controlled directly or indirectly by any the instrument is made by the Governor in person conducting any of the activities set out Council, the Committee is also authorized, under in paragraph (a); or the Standing Orders of the House of Commons, to c. is acting on behalf of, at the direction of, or in make a report to the House of Commons proposing association with any person conducting any of the disallowance of the instrument. A the activities set out in paragraph (a). disallowance resolution, if not rejected, becomes an Order of the House enjoining the Governor in Council to revoke the statutory instrument. The Anti-Terrorism Act Part I of the Act amends the • Section 83.05 provides that the Governor in • On application in writing by a listed entity, the Criminal Code to implement Council may, by regulation, establish a list on Solicitor General shall decide whether there are 24 December 2001 international conventions which the Governor in Council may place any reasonable grounds to recommend to the Governor related to terrorism, to create entity if, on the recommendation of the Solicitor in Council that the applicant no longer be a listed offences related to terrorism, General of Canada, the Governor in Council is entity. including the financing of satisfied that there are reasonable grounds to terrorism and the believe that : • The applicant may apply to a judge for judicial participation, facilitation and review of the decision of the Solicitor General. carrying out of terrorist a. the entity has knowingly carried out, attempted The Solicitor General shall cause to be published activities, and to provide a to carry out, participated in or facilitated a in the gazette notice of a final order of a court that means by which property terrorist activity; or the applicant no longer be a listed entity. belonging to terrorist groups, b. the entity is knowingly acting on behalf of, at or property linked to terrorist the direction of or in association with an entity • The Solicitor General shall review the list two activities, can be seized, referred to in paragraph (a). years after the establishment of the list, and every retained and forfeited. two years after that. A listed entity may not make • The Solicitor General may make a another application to the Solicitor General except recommendation only if he has reasonable grounds if there has been a material change in its to believe that the entity to which the circumstances since the time when the entity made recommendation relates is an entity referred to in its last application or if the Solicitor General has paragraphs (a) or (b). completed the review. - 4 - JURISDICTIONS LEGISLATION AND PURPOSE LISTING AMENDMENT REMARKS COMMENCEMENT DATE Singapore United Nations (Anti- To assist in giving effect to • Defines "terrorist" to mean any person who : • The list of terrorists and terrorist organisations may Terrorism Measures) UNSCR 1373. be amended by the introduction of an amendment Regulations 2001 a. commits or attempts to commit any terrorist regulation. act; or (made under the United b. participates in or facilitates the commission of Nations Act 2001) any terrorist act, and includes any person set out in the schedule. 13 November 2001 • Schedule sets out a list of terrorists and terrorist organisations. India The Prevention of To provide for defining • Section 18 provides that an organisation is a • An application may be made to the Central • The Ordinance was promulgated by the President Terrorism Ordinance, substantive offences to deal terrorist organisation if it is listed in the Schedule Government for removal of an organisation from against the background of the intensification of 2001 with the new methods and or it operates under the same name as an the Schedule. Where an application is refused, cross border terrorism targeted destabilizing India, strategy adopted by terrorist organisation listed in that Schedule. the applicant may apply for a review to the Review the continued offensive agenda of Pakistan ISI and 24 October 2001 groups.
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