THE LIBRARY OF CONGRESS LAW LIBRARY FAR EASTERN LAW DIVISION LAWS OF VARIOUS ASIAN COUNTRIES PERTAINING TO BOMBINGS, BOMB THREATS, AND INCITEMENT TO CRIME by The Staff Washington, D.C. March 1970 Japan The subject of bombing and bomb threats is governed in Japan by the Explosives Control Law of 1884. Pertinent Articles of the above Law provide: A person who has used explosives or had another use the same with the intent to disturb the peace or to cause injuries to the human body or destruction of property shall be punished with death, penal servitude or imprisonment for life or for not less than seven years (Article 1). A person who attempts to use the explosives mentioned in Article 1 shall be punished with penal servitude or imprisonment for life or for not less than five years (Article 2). A person who intimidates, instigates, incites or conspires with another for the purpose of committing the crimes mentioned in Article 1 shall be punished with penal servitude or imprisonment for not less than three years nor more than ten years (Article 4). Provisions similar to the above are included in the Subversive Activities Prevention Law which was enacted in 1952 *Decree No. 32 issued by the Great Council of State, December 12, 1884, as amended by Law No. 29, 1908. -2- to control subversive activities committed by Communists for political purposes. 2/ The Penal Code of Japan of 1907 3/ includes the crime of riot under Article 106 as follows: Persons who assemble in crowds and use violence or intimidation thereby commit the crime of riot and shall be sentenced according to the following distinctions: 1. A ringleader shall be punished for not less than one year nor more than ten years; 2. A person who directs others or takes the lead in stirring up others shall be punished with imprisonment at forced labor or imprisonment for not less than six months nor more than seven years; 3. A person who merely follows the lead of another shall be punished withaa fine not exceeding fifty yen. ------------------------------------------------------------------------ 2/ Law No. 240, July 21, 1952, as amended by Law No. 161, September 15, 1962. 3/ Law No. 45, April 24, 1907, as amended by Law No. 61, 1968. -------------------------------------------------------------------------- Prepared by Dr. Sung Yoon Cho Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 SYC:kah 3/20/70 THE REPUBLIC OF KOREA Article 115 of the Criminal Code 1/ of the Republic of Korea provides as follows: Persons who assemble in large numbers and use violence or intimidation or take destructive action shall be punished by penal servitude or imprisonment for not less than one year nor more than ten years or find not more than fifty thousand hwan. With regard to bombing and bomb threats, the same Code provides as follows: Article 111 Use of Explosives Section (1). One who injures a person or damages property or disturbs the public peace by using explosives shall be punished by death, penal servitude for life or for not less than seven years. Section (2). A person who commits the crimes of the preceding Section in time of war, a calamity or other (warlike) incident shall be punished by death, or penal servitude for life. Section (3). Attempts to commit the crimes of the preceding two Sections shall be punished. Article 120 Preparations, Conspiracies and Agitation Section (1). A person who makes preparations or conspires with intent to commit the crimes of Sections (1) or (2) of the preceding Article, shall be punished by limited penal servitude for not less than two years, but, if self-denunciation is made before the intended crimes have reached the commencement stage, the punishment shall be mitigated or remitted. ----------- 1/ Law No. 293, September 18, 1953. -2- Section (2). The preceding Section shall apply to a person who agitates for the commission of the crimes of Sections (1) and (2) of the preceding Article. Article 121 Manufacture, etc., of Explosives in War Time A person who, in time of war or a (warlike) incident, without just excuse, manufactures, imports, exports, delivers, or possesses explosives, shall be punished by penal servitude for not more than ten years. --------------------------------- Prepared by Dr. Sung Yoon Cho Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 SYC:kah 3/23/70 THE PEOPLE'S REPUBLIC OF CHINA The People's Republic of China has not yet promulgated a criminal code. Offenses pertaining to bombings and bomb threats would most likely be included under the Statute on Punishment for Counterrevolutionary Activity, which was approved by the Government Council of the Central People's Government, February 20, 1951. This statute has been loosely interpreted and applied by judges in Communist China. Even ordinary (non-political or non-revolutionary) crimes can be punished by applying the provisions of this statute, since the principle of the crime by analogy is followed by the courts. ------------------------------------- Prepared by Dr. Tao-tai Hsia Chief Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 TTH:kah 3/25/70 SOUTH VIETNAM Bombings Article 95 of the Penal Code of South Vietnam states that any person who uses explosives to destroy or burn buildings, warehouses, arsenals, boats or other properties owned by the government shall be punished with death. 1/ Decree Law No. 18/64, dated August 7, 1964, declares that under the State of Emergency promulgated by Decree Law No. 215-SL/CT of the same date, terrorists and people engaging in sabotage will be sentenced to death and will not benefit from extenuating circumstances. Moreover, all such cases will be tried by military courts, and there will be no right of appeal and no right to apply for leniency. 2/ Bomb Threats With regard to such threats, Article 305 of the Penal Code states as follows: ---------------------- 1/ The penal Code of South Vietnam, Translated by Nguyen-dang-Thanh, Office of the Staff Judge Advocate, United States Military Assistance Command Vietnam (Mimeo.), p. 17. 2/ GVN Decrees, Vol. II, Office of the Staff Judge Advocate, United States Military Assistance Command Vietnam (Mimeo.), Section IX-H-64, p. 2. -2- An imprisonment term of from 2 to 5 years plus a fine of from 500 to 1,000 francs shall be the penalty against any person who uses signed or anonymous letters, symbols or emblems, to threaten other persons with assassination, poisoning, or other crimes punishable with death, hard labor for life , or transportation, when the threat is made with order to leave an amount of money at a designated location or to fulfill any other condition. The offender may, in addition, be deprived of the rights listed in Article 42 of this Code [i.e. voting and electrical rights; eligibility for elective office; right to be called or nominated to the function of juryman and other public functions, or to employment in the administration, or to serve in these functions and employments; right tocarry arms; right to vote in family meetings; right to be guardian and curator; right to serve as expert or witness in civil acts; right to testify in court] for from 5 to 10 years commencing on the date he completes his sentence. 3/ Article 306 stipulates that if the threat is not made with any order condition, then penalty shall be a term of imprisonment of from 1 to 3 years, plus a fine of from 100 to 600 francs. The person may also be placed under police supervision. If the threat accompanied by order or condition is made verbally, Article 307 gives the punishment as from 6 months to 2 years of imprisonment, plus a fine of from 25 to 300 francs. 4/ ---------------- 3/ The Penal Code, p. 52. 4/ Ibid. -3- Incitement to Crime The Penal Code, by its Article 87, lays down the penalty of transportation for crimes aimed at overthrowing or changing the government or at inciting citizens and people to bear arms against authority. 5/ ___________________ 5/ Ibid., p. 15. ________________________________________________________________________ Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS:kah 3/24/70 THAILAND Bombings On the question of bombings, Section 221 of Thailand's Penal Code 1/ provides that whoever causes any explosion likely to cause an injury to any other person or to a thing belonging to another person is to be punished with imprisonment not exceeding seven years and a fine not exceeding fourteen thousand baht. 2/ Section 222 of the Code provides further that if the explosion sets fire to a thing belonging to any other person, the punishment will be imprisonment of six months to seven years and a fine of one thousand to fourteen thousand baht; if it causes damage to buildings used as a residence, as a place for storage or for the manufacture of merchandise, as a place of entertainment or as a meeting place, to public buildings, railroad stations, airports, public parking or mooring places, steamboats or motorboats of over five tons, airplanes or trains used for public transportation, the penalties are imprisonment for life, or from five to twenty years plus a fine of from ----------------------- 1/ The Penal Code of Thailand, Translated by Luang Dulya Sathya Patived, Dhonburi, 1957, p. 92. 2/ 20 baht = US $1. -2- ten thousand to forty thousand baht. 3/ Under the Martial Law Act (No. 5) of B. E. 2502 (1959), offences under Sections 221 and 222 of the Penal Code are included in the list of cases over which military courts have jurisdiction in time of martial law. 4/ Martial law was imposed on Thailand in 1958. 5/ Incitement to Crime Regarding incitement to crime, the most relevant provision in Thai law would be Section 116 of the Penal Code. This section stipulates that whoever makes apparent to the public (by words, writing, or any other means) an act which is not within the intention of the Constitution or for the expression of an honest opinion or criticism, in order to bring about a change in the laws of the country or the government, by the use of force or violence, to raise unrest or disaffection among the people in a manner likely to cause disturbance -------------------- 3/ The Penal Code. p. 93. 4/ Martial Law Acts. B. E. 2457 etc., Dhonburi, Translation and Secretarial Office, 1959, p. 554. 5/ By proclamation of Field Marshal Thanarat, dated October 29, B. E. 2501 (1958) imposing martial law throughout the kingdom as of the same day at 21.13 hours. -3- in the country, or so that the people shall transgress the laws of the country, shall be punished with imprisonment not exceeding seven years. 6/ ____________________ 6/ The Penal Code, pp. 56-57. __________________________________________________________________________ Prepared by Mya Saw Shin Senior Legal Speacilist Far Eastern Law Division Law Library The Library of Congrass Washington, D.C. 20540 March 1970 MSS:kah 3/24/70 THE REPUBLIC OF CHINA Bombings The Criminal Code of the Republic of China, promulgated in 1935 and amended up to 1954, contains a chapter entitled Offences Against Public Safety. Article 176 therein states that any one intentionally causing the destruction of an occupied dwelling house, structure, mine, train, electric car, or other vehicle for public transport on water, land or in the air, by means of gunpowder, steam, electricity, gas or other explosive substance, shall be punished with life imprisonment or for not less than seven years. If it is an unoccupied dwelling house belonging to another, an unoccupied structure, mine, train, etc., the imprisonment will be for not less than three years and not more than ten. Destruction of anything not specified above is punishable with imprisonment for not less than one year and not more than seven years. 1/ Bomb Threats Chapter VII of the Criminal Code is entitled Offences of Interference with Public Order, in which Article 151 specifies ------------------ 1/ Laws of the Republic of China, Translated and Compiled by the Law Revision of Planning Group, Council for United States Aid, Republic of China, Taipei, 1961, p. 943. -2- that a person who disturbs public peace by putting another in fear of injury to life, person, or property shall be punished with imprisonment of up to two years. Article 152 provides that a person who by violence, threats, or fraud interferes with or disturbs a lawful assembly shall be punished with imprisonment for not less than two years. 2/ Article 305, to be found in Chapter XXVI, Offences' Against Personal Liberty, is also relevant, since it states that a person who threatens to cause injury to the life, person, liberty, reputation, or property of another and thereby endangers his safety shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 300 yuan. 3/ -------------- 2/ Ibid., p. 935. 3/ Ibid., p. 979. ------------------- Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS:kah 3/24/70 SINGAPORE Bombings Under Article 3 of the Explosive Substances Ordinance, No. 6 of 1924, anyone causing, by any explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury has actually been caused or not, be punished with fine, imprisonment up to ten years, whipping, or any two of these punishments. The penalty for attempting to cause an explosion, and for making or keeping explosives with the intent to endanger life or property, according to Article 4, is a fine, imprisonment up to two years, whipping, or any two of these. This is so whether anyeexplosion does or does not take place and whether or not any injury has actually been caused. By the provisions of Article 5, any person who makes or knowingly has in his possession or under his control any explosive substance, under suspicious circumstances, is liable--unless he can show a lawful reason for it--to fine or imprisonment up to seven years or whipping, or to any two of these three penalties. 1/ --------------------- 1/ Laws of the Colony of Singapore, Singapore, Government Publications Bureau, 1955, Vol. VI, Chapter 217, p. 426. -2- The Arms and Explosives Ordinance of 1913, as amended up to 1955, regulates the use, sale, transportation, and possession, etc., of arms and explosives. It empowers the Governor in Council to prohibit, by proclamation, the exportation or removal or removal from place to place in Singapore of explosives or articles capable of being converted into explosives (Section 4). The Governor in Council may likewise prohibit the manufacture, possession or importationoof any explosives of such a dangerous character that it would be considered expedient for the public safety to issue such a notification. Any person manufacturing, possessing or importing an explosive in contravention of the notification is liable to a fine of up to 4,000 dollars (Section 5). 2/ By the same Ordinance, licenses are required to possess or import explosives, contravention of this provision being punishable by a fine of up to 3,000 dollars and imprisonment up to three years (Section 8). 3/ Section 33 provides that any person carrying explosives under suspicious circumstances may be apprehended withoutwwarrant and detained in custody. 4/ ------------ 2/ Ibid., Vol. VI, Chapter 210, p. 321. 3/ Ibid., p. 323. 4/ Ibid., p. 332. -3- The Criminal Law (Temporary Provisions) Ordinance, which came into effect in 1955 for a period of three years, provided in its Section 3 that any person who unlawfully and maliciously caused by an explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property would, on conviction, be punished with the death penalty. This would hold whether or not any injury to person or property had actually been caused. Section 4 provided the penalities for attempts to cause explosions or for making or keeping explosives with the intent to endanger life or property. These penalties were imprisonment for life and whipping. 5/ ---------- 5/ 1956 Supplement to the Laws of the Colony of Singapore. Singapore, Government Publications Bureau, 1958, p. 57. -------------- Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS:kah 3/24/70 Hong Kong Bombings Hong Kong has the Explosive Substances Ordinance, No. 23 of 1913, which states in part as follows: 3. Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of felony and on conviction shall be liable to imprisonment for life. 4. Any person who unlawfully and maliciously -- (a) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property; or (b) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property, oor to endanger life or cause serious injury to property shall whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be guilty of felony and on conviction shall be liable to imprisonment for twenty years, and the explosive substance shall be forfeited. 1/ The Malicious Damage Ordinance, No. 8 of 1865, lays down penalties for injuries by fire to buildings and goods therein, ranging from churches to sheds and farm buildings, the 1/ The Laws of Hong Kong, Hong Kong, Noronha & Co., 1950, Vol. V, Chapter 206, p. 16. -2- penalties being imprisonment for life, and, if the offender is a male under sixteen years of age, with or without whipping (Sections 2 through 9). [*2/*] Sections 10 and 11 of the same Ordinance provide for injuries by explosive substances to buildings and goods therein, and state as below: 10. Any person who unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, destroys, throws down, or damages the whole or any part of any dwellinghouse, any person being therein, or of any building wherebytthe life of any person is endangered, shall be guilty of felony, and shall be liable to imprisonment for life, and, if a male under the age of sixteen years, with or without whipping. 11. Any person who unlawfully and maliciously places or throws in, into, upon, against, or near any building any gunpowder or other explosive substance, with intent to destroy or damage any building or any engine, machinery, working tools, fixtures, goods or chattels, shall, whether or not any explosion takes place and whether or not any damage is caused, be guilty of felony and shall be liable to imprisonment for fourteen years, and, if a male under the age of sixteen years, with or without whipping. [*3/*] Under the Offences Against the Person Ordinance, originally No. 4 of 1865, as amended up to 1950, any person who, by the explosion of gunpowder or any other explosive ---------------- 2/ Ibid., Chapter 211, pp. 69-70. 3/ Ibid., pp. 70-71. -3- substance, destroys or damages any building with intent to commit murder shall be guilty of felony, and shall be liable to imprisonment for life. 4/ According to Section 28 of the same ordinance, any person who unlawfully and maliciously, by the explosion of gunpowder or any other explosive substance, burns, maims, disfigures, disables, or does any grievous bodily harm to any person shall be guilty of felony, and shall be liable to imprisonment for life, and, if a male under the age of sixteen years, with or without whipping. 5/ The Ordinance goes on to state as follows: 29. Any person who unlawfully and maliciously-- (a) causes any gunpowder or other explosive substance to explode; or (b) sends or delivers to, or causes to be taken or received by, any person any explosive substance or any other dangerous or noxious thing; or (c) puts or lays at any place, or casts or throws at or upon or otherwise applies to any person, any corrosive fluid or any destructive or explosive substance, with intent in any of such cases to burn, maim, disfigure, or disable any person or to do some grievous bodily harm to any person, shall, whether any bodily injury is effected or not, be guilty of felony, and shall be liable to imprisonment for life, and, if a male under the age of sixteen years, with or without whipping. ---------------- 4/ Ibid., Chapter 212, Section 11, p. 87. 5/ Ibid., p. 91 -4- 30. Any person who unlawfully and maliciously places or throws in, into, upon, against or near any building, ship or vessel any gunpowder or other explosive substance, with intent to do any bodily injury to any person, shall, whether or not any explosion takes place and whether or not any bodily injury is effected, be guilty of felony, and shall be liable to imprisonment for fourteen years, and, if a male under the age of sixteen years, with or without whipping. 6/ Bomb Threats Under Section 2 of the Criminal Intimidation Ordinance, No. 13 of 1920, it is an offence for any person who threatens any other person (a) with any injury to the person, reputation or property of such other person; or (b) with any injury to the person, reputation or property of any third person; or (c) with any illegal act, with the intent to alarm the person so threatened or any other person, or to cause such person to do an act which he is not legally bound to do, or to cause him to omit to do an act which he is legally entitled to do. 7/ The penalty for this offence, according to Section 5, is a fine of two thousand dollars and imprisonment for two years, upon summary conviction, and, on conviction on indictment, imprisonment for five years. 8/ ---------------- 6/ Ibid., pp. 91-92. 7/ Ibid., Chapter 205, p. 14. 8/ Ibid., p. 15. -5- Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS:kah 3/25/70 Transcribed and reviewed by contributors participating in the By The People project at crowd.loc.gov.