PART VII - ACTS OF TERRORISM AND RELATED OFFENCES

Offence of terrorism
96. Any person who does or threatens or omits to do anything that is reasonably necessary to prevent an act which -

(a) may seriously damage a country or an international organization;

(b) is intended or can reasonably be regarded as having been intended to-

(i) seriously intimidate a population;

(ii) unduly compel the Government or an international organization to perform or abstain from performing any act;

(iii) seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organization; or

(iv) otherwise influence the government, or international organisation; and

(c) involves or causes -

(i) attacks upon a person’s life which may cause death;

(ii) attacks upon the physical integrity of a person;

(iii) kidnapping a person;

(iv) extensive destruction to the Government or public facility, a transport system, an infrastructure facility including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss;

(v) the seizure of an aircraft, a ship or other means of public or goods transport;

(vi) the manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of biological and chemical weapons;

(vii) the release of dangerous substance, or coming of fires, explosives or floods, the effect of which is to endanger human life;

(viii) interference with or disruption of the supply of water, power or any other fundamental natural resource, the effect of which is to endanger life, commits an offence of terrorism.


Harbouring terrorists
97. Any person who harbours, or conceals, or causes to be harboured or concealed, any person whom he knew to have committed, or to have been convicted of, an act of terrorism, or against whom he or she knew that a warrant of arrest or imprisonment for such an act had been issued, commits an offence.


Information about acts of terrorism
98. (1) Subject to subsections (2) and (3), where a person has information which he knows or believes might be of material assistance -

(a) in preventing the commission by another person of an offence of terrorism; or

(b) in securing the apprehension, prosecution or conviction of another person for an offence under this part, and the person fails to disclose the information to a police officer at any police station as soon as reasonably practicable, that person commits an offence.

(2) It shall be a defence for a person charged under subsection (1) to prove that he or she has reasonable excuse for not making the disclosure.

(3) Subsection (1) does not require disclosure by a law practitioner of any information, or a belief or suspicion based on any information, which he or she obtained in privileged circumstances.

(4) For the purpose of subsection (3), information is obtained by a law practitioner in privileged circumstances where it is disclosed to him or her -

(a) by his or her client in connection with the provision of legal advice, not being a disclosure with a view to furthering a criminal purpose;

(b) by any person for the purpose of actual or contemplated legal proceedings, and not with a view to furthering a criminal purpose.


Obstruction of terrorist investigation
99. (1) Any person who-

(a) discloses to another anything which is likely to prejudice a terrorist investigation;

(b) interferes with material which is likely to be relevant to a terrorist investigation, commits an offence.

(2) It shall be a defence for a person charged with an offence under subsection (1) to prove -

(a) that he or she did not know and had no reasonable cause to suspect that the disclosure was likely to affect a terrorist investigation; or

(b) that he or she had a reasonable excuse for the disclosure or interference.

(3) Subsection (1) does not apply to a disclosure which is made by a law practitioner -

(a) to his or her client in connection with the provision of legal advice, not being a disclosure with a view to furthering a criminal purpose;

(b) to any person for the purpose of actual or contemplated legal proceedings, and not with a view to furthering a criminal purpose.


Hostages
100. (1) In this section, “third party” means a State, an international organization, a natural or juridical person or a group of persons.

(2) Any person who -

(a) seizes or detains; or

(b) threatens to kill, injure or continue to detain another per-son in order to compel a third party to do or abstain from doing any act, as an explicit or implicit condition for the release of the hostage, commits an offence.