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duties and functions. Looking at NSL 22(3) from another perspective, if the defence were correct in suggesting that the “other unlawful means” should be confined to a narrower meaning, it followed logically that any attack on or damage caused to government facilities as envisaged in NSL 22(4) by non-violent means such as setting fire, flooding, dissemination of toxic gases or dispersal of biological pathogens would not be a breach and the perpetrators would go unpunished under the NSL even if the effects and consequences would be the same, if not more serious and widespread.
31. For the purpose of completeness, we had considered whether the use of toxic gases or biological pathogens in the attack of government facilities might fall within NSL 24, so that there would not be a lacuna. NSL 24 provided as follows:
“A person who organises, plans, commits, participates in or threatens to commit any of the following terrorist activities causing or intended to cause grave harm to the society with a view to coercing the Central People’s Government, the Government of the Hong Kong Special Administrative Region or an international organisation or intimidating the public in order to pursue political agenda shall be guilty of an offence:
(1) serious violence against a person or persons;
(2) explosion, arson, or dissemination of poisonous or radioactive substances, pathogens of infectious diseases or other substances;
(3) sabotage of means of transport, transport facilities, electric power or gas facilities, or other combustible or explosible facilities;
(4) serious interruption or sabotage of electronic control systems for providing and managing public services such as water, electric power, gas, transport, telecommunications and the internet; or
(5) other dangerous activities which seriously jeopardise public health, safety or security.”
