### Occupational Deafness (Compensation) Ordinance 《職業性失聰(補償)條例》

36. Designations by the Board
(1) The Board may, on the recommendation of the Medical Committee, from time to time designate—
(a) the medical examinations to be performed by designated medical practitioners for the diagnosis and assessment of noise-induced deafness;
(b) the hearing tests to be performed for the assessment of hearing loss and different classes or descriptions of hearing tests may be so designated to be performed by different categories of persons;
(c) the audiological facilities and calibration methods to be used in hearing tests and medical examinations;
(d) places as hearing test centres where hearing tests under section 15(2) may be performed; (Amended 16 of 2003 s. 17)
(e) the categories of persons who may give an advice under section 27B(3) or 27E(3)(b)(iii). (Added 16 of 2003 s. 17)
(2) The Board may, by notice in the Gazette or any other means, promulgate any designation made under subsection (1).

37. Regulations by Chief Executive in Council
The Chief Executive in Council may by regulation provide for any matter generally for the better carrying out of the provisions and purposes of this Ordinance.
(Amended 16 of 2003 s. 18)

38. Forms
The Board may specify the form of any application, report, certificate or notice for the purposes of this Ordinance.

39. Amendment of Schedules
(1) The Chief Executive in Council may, by notice in the Gazette, amend Schedules 1, 2 and 3.
(2) The Legislative Council may, by resolution, amend Schedules 4, 5 and 7.
(3) The Secretary may, by notice in the Gazette, amend Schedule 6. (Added 16 of 2003 s. 19)
(Amended 16 of 2003 s. 19)

### Internationally Protected Persons and Taking of Hostages Ordinance 《應受國際保護人員及劫持人質條例》

1. Short title
This Ordinance may be cited as the Internationally Protected Persons and Taking of Hostages Ordinance.

2. Interpretation
In this Ordinance—
a relevant premises (有關處所) means any premises at which a protected person resides or is staying or which are used by a protected person for the purpose of carrying out his official functions as such a person;
act (作為) includes an omission;
nationality (國籍) includes citizenship;

protected person (應受保護人員) means, in relation to an alleged offence under section 3 or 5, any of the following—
(a) a person who at the time of such alleged offence is a Head of State, a member of a body which performs the functions of Head of State under the constitution of the State, a Head of Government or a Minister for Foreign Affairs and who is at such time outside the territory of the state in which he holds office;
(b) a person, other than a person described in paragraph (a), who, because of his being at such time a representative or an official of a state or territory or an official or agent of an international organization of an inter-governmental character, is entitled under international law to special protection from attack on his person, freedom or dignity;
(c) a person who at such time is a member of the same family as a person mentioned in paragraph (a) or (b) (the other person

### Internationally Protected Persons and Taking of Hostages Ordinance 《應受國際保護人員及劫持人質條例》

3. Attacks and threats of attack on protected persons
(1) Any person, whatever his nationality, who outside Hong Kong—
(a) does any act to or in relation to a protected person which, if done in Hong Kong, would constitute the offence of murder, manslaughter, rape, assault occasioning actual bodily harm, kidnapping, false imprisonment or an offence under section 17, 19, 20, 21, 22, 23, 28, 29, 30 or 43 of the Offences against the Person Ordinance (Cap. 212) or section 53 of the Crimes Ordinance (Cap. 200); or
(b) in connection with an attack either on a relevant premises or on a vehicle ordinarily used by a protected person which is made when a protected person is in or on the premises or vehicle, does any act which, if done in Hong Kong, would constitute an offence under section 53 or 60 of the Crimes Ordinance (Cap. 200),
is guilty of such of those offences of which he would have been guilty had the act occurred in Hong Kong and shall be punishable accordingly.
(2) Subject to subsection (3), any person, whatever his nationality, who in Hong Kong or elsewhere—
(a) makes to another person a threat that he or any other person will do an act which if done would constitute an offence mentioned in subsection (1)(a); or
(b) attempts to make or aids, abets, counsels or procures the making of such a threat to another person,
with the intention that the other person shall fear that the threat will be carried out, commits an offence and is liable on conviction on indictment to imprisonment for 10 years.
(3) A term of imprisonment imposed under subsection (2) shall not exceed the maximum which may be imposed as regards any offence which would have been constituted had the threat been carried out.
(4) For the purposes of subsections (1) and (2) and section 5 it is immaterial whether a person knows that another person is a protected person.
(5) Proceedings for an offence which apart from this section or section 5 would not be an offence in Hong Kong shall only be instituted by, or with the consent of, the Secretary for Justice. (Amended L.N. 362 of 1997)

4. Hostage taking
(1) Any person, whatever his nationality, who in Hong Kong or elsewhere—
(a) detains any other person (the hostage

### Internationally Protected Persons and Taking of Hostages Ordinance 《應受國際保護人員及劫持人質條例》

5. Attempts etc.
Any person, whatever his nationality, who, whether in Hong Kong or elsewhere—
(a) attempts—
(i) to commit against a protected person, an offence which is an offence mentioned in section 3(1)(a), whether it is an offence by virtue of section 3(1) or not; or
(ii) to commit an offence in connection with an attack mentioned in section 3(1)(b), whether it is an offence by virtue of section 3(1) or not; or
(iii) to commit an offence under section 4; or
(b) aids, abets, counsels or procures—
(i) the commission by another person of an offence described or mentioned in paragraph (a)(i), (ii) or (iii); or
(ii) an attempt by another person to commit an offence so described or mentioned,
commits an offence and may be dealt with and punished in the same manner as if the offence in question had been committed by him.

6. Evidential value of certain certificates
(1) If in any proceedings for an offence under or by virtue of this Ordinance a question arises as to whether a person is or was a protected person, a document purporting to be a certificate issued by the Chief Executive and to certify any fact relating to the question shall be conclusive evidence of that fact.
(2) In any proceedings for an offence under or by virtue of this Ordinance, a document purporting to be a certificate issued by the Chief Executive and to certify that, at a time or during a period specified in the document—
(a) a state so specified was a country or state which was then a party to the 1973 Convention; or
(b) a state so specified was a country or state which was then a party to the 1979 Convention,
shall be conclusive evidence of that fact.
(3) In this section—
the 1973 Convention (《1973年公約》) means the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents opened for signature at New York on 14 December 1973;
the 1979 Convention (《1979年公約》) means the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.
(Amended 71 of 1999 s. 3)