4. Bomb Hoax (Section 28 Public Order Ordinance)
A bomb hoax under this section is committed when a defendant does something with the intention of inducing others to believe that a bomb or article is likely to explode or ignite in a manner that will cause injury to property or persons (section 28 Public Order Ordinance).
The section stipulates two ways by which a defendant may induce others, namely, by (i) placing articles or substances in a place or dispatching the same by way of post, rail, sea, air or other means of sending things from one place to another (section 28(1)) and (ii) by communicating information which he knows or believes to be false to another person (section 28(2)).
It is not necessary for the defendant to have a particular person in his contemplation as the target of his inducement.
Defendants found guilty under this offence shall be liable to a fine of $50,000 and to imprisonment for 3 years on summary conviction; and a fine of $150,000 and to imprisonment for 5 years on conviction on indictment,.
“Mental element”
It must be proved that the defendant knowingly communicated information he knew or believed to be false, with the intention of inducing in another person the belief that the bomb or substance is liable to explode at a given place or time.
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