ARMS AND AMMUNITION ORDINANCE, 1900

ARMS AND AMMUNITION ORDINANCE, 1900

No. 2 of 1900.

An Ordinance to consolidate and amend the law relating to
arms and ammunition.
[12th April, 1900.]

1. This Orffinance may be cited as the Artils and Ammuni-
tion Ordinance, 1900.

As amended by Law Rev. Ord., 1924.
This Ordinance is printed immediately after No. 1 of 1870. See p. 168.
As amended by Law Rev. Ord., 1924. Revenue officer may arrest without
warrant in respect of offences against this Ordinance. See No. 2 of 1917.


2. In this Ordinance,

(a) Ammunition means any shell, cartridge, cartridge
case, cartrige clip, bullet, shot, percussion cap, or priming
cap, and also any article whick, may be declared by regula-
tion made by the Governor in Council to be ammunition.

(b) Arms includes-

(i) every firearm of any description;

(ii) every air gun, and every other kind of gun from
which any shot, bullet or other missile can be dischared;

(iii) every sword, cutlass, speal, pike, bayonet, dagger,
fighting, iron, or other deadly weapon ; and

(iv) every part of any such firearm, gun or deadly weapon.

(c) To carry means to carry on the person, but does
not include transport or conveyance from one place to
another in the Colony in the ordinary coarse of business for
storage or other business purposes.

(d) Exempted person means-

(i) any person in the naval, military, volunteer and police
forces, district watchmen, and members of the volunteer
reserve, in respect of arms and ammunition used by them
solely in connexion with their duties;

(ii) commissioned officers in the army and navy and
officers appointed by letter froin the Governor in the
volunteer or police forces, the consular representatives of
any foreign Government and commissioned officers of
foreign armies and navies; any public officer appointed by
the Crown or by letter from the Governor, any justice of the
peace, special juror, member of the Legislative Council,
barrister, solicitor, medical practitioner, clergyman of the
Church of England, Roman Catholic priest, or any minister
of any congregation of Protestant dissenters or of Jews;

(iii) any person in the naval, military, volunteer and
police forces recommended for exemption by the officer
commanding his corps or unit in writing to the Captain
Superintendent of Police ; and

As amended by No. 15 of 1918, No. 10 of 1923, and Law Rev. Ord., 1924. For
regulations declaring articles to be ammunition see Hodgson's Regalations of
Hongkong, 1914, page 3.



(iv) any person recommended for exemption by the
Colonial Secretary to the Captain Superintendent of Police.

(e) Importer includes every person, whether a com-
mission agent or otherwise, to whom, or to whose order,
arms or ammunition landed in the Colony are consigned:
Provided that this definition shall not apply in the case of
arms or ammunition consigned to any other in His Majesty's
service for the use of His Majesty's naval or military forces,
Imperial or Colonial.

(f) Junk includes lorcha.

(g) To move or to remove includes every kind of
movement, transport, or not included in the
expression to carry.

(h) Arms or ammunition on the body, or the custody
or under the control, of any person shall be deemed to be in
his possession.

(i) Vessel includes any ship or boat or any other
description of vessel used in navigation.

3.-(1) The Captain Superintendent of Police may grant
to any perison a licence either to to carry arms and ammunition,
or to have arms and ammunition in his possession, or to do
both, subject to such conditions as he may deem fit.

(2) Unless in any particular case the Captain Superintend-
ent of Police otherwise directs, such licence shall be issued
for a limited period only, shall be made out in the name of
the grantee, shall bear a number and the dates of issue and
expiry, shall not be transferable, and shall specify the arms
ammunition which it covers: Provided, nevertheless,
that an appeal to the Governor in Council shall lie from any
refusal by the Captain Superintendent of Police to grant such
licence.

4. No person who has not a licence for the purpose shall
either carry or have in his possession any arms or ammuni-
tion : but this prohibition shall not extend to any exempted
person, nor apply so as to prevent the wner or master of
any vessel from having on board such arms and ammunition
as are reasonably necessary for the protection of such vessel,
and provided that, in the case of a junk or other Chinese vessel,


* See No. 10 of 1886, Second Schedule.
+ As amended by Law Rev. Ord., 1924.


such arms and ammunition shall be described and enumerat-
ed in the licence or clearance : nor shall it apply to arms or
ammunition consigned to a port not in the Colony and in
transitu on any vessel as bona fide cargo and entered on the
manifest: or in course of transhipment in unbroken packages
from one vessel to another, if notice of such transhipment has
been sent to the Captain Superintendent of Police : nor to
ammunition which, having been imported is in course of
transhipment to the Government Gunpowder Depot or is being
exported direct from such Depot: nor to arms and
ammunition for the use of His Majesty's forces: Provided
that where arms or ammunition, the property of a
licensed or exempted person, are carried by or are found in
the possession of his agent or servant, under bona fide
instructions so to carry or possess the same for him and his
behalf temporarily for any lawful purpose, such carriage, or
possession shall be deemed carriage or possession by the
licensed or exempted person.

5.-(1) No arms or ammunition shall be sold to any
person--

(a) for use within the Colony, unless the purchaser presents,
at or before the time of purchase, a valid licence either to
carry or to have in his possession such arms or ammunition,
together with a removal permit in Form No. 3 in the First
Schedule, or unless he is an exempted person ; or

(b) for export, unless the vendor has obtained from the
Captain Superintendent of Police an export permit, which
may be in Form No. 2 in the First Schedule, and shall be
made out in Chinese as well as in English: Provided
nevertheless, that no export permit shall be required in
respect of any ammunition which is being exported direct
from the Government Gunpowder Depot under a delivery
order issued by the Harbour Master.

(2) Such export permit or such delivery order, when
granted, shall be deemed equivalent to a licence to carry or
possess arms or ammunition, but an export permit shall only
operate as such a licence up to the time named in such permit
for the return thereof.

* As amended by Law Rev. Ord., 1924,



(3) An application for such permit shall be in Form No. 1
in the First Schedule, and shall be made out in Chinese as
well as in English in a case where the applicant is a Chinese,
and shall be signed by the vendor of the said arms or
ammunition and filed by him with the Captain Superintendent
of Police.

(4) No fee shall be payable in respect of filing any such
application or granting any export or removal permit.

6. Every person who obtains an export permit shall, when
the whole of the arms and ammunition specified therein
exceed twelity-five dollars in value, obtain the receipt of the
master or mate of the vessel named in such permit for the
whole of the arms and ammundion specified therein and shall
return such receipt, together with the export permit, to the
person and at the time and place named in suck permit.

7. No person shall move or cause be moved any arms
or ammunition within the Colony or the waters thereof, except
for the purpose of export and (where an export permit is
required) under an export permit without having first obtained
a removal permit, in Form No. 3 in the First Schedule, from
the Captain Supeintendent of Police: Provided that this
prohibition shall not apply to arms or ammunition belonging
to or for the use of His Majesty's forces or the Colonial
Government, or which are the propert of an exempted person
and for his personal use, the onus of proof being on such
person: Provided, also, that this prohibition shall not apply
to arms or ammunition consigned to a port not in the Colony
in transitu on any vessel as bond fide cargo and entered on the
manifest, or in course of transhipment, in unbroken packages
from one, Vessel to another, if notice of such transhipment
has been given to the Captain Superintendent of Police : nor
to ammunition which, having been imported, is in course of
transhipment to the Government Gunpowder Depot; nor to
arms or ammunition which are actually on board of any vessel
and in respect of which a licence to carry or to possess is not
reequired by section 4.

8. Subject to the provisions of section 4, if any arms or
ammunition are found on board of any steam-launch or motor
boat, or junk or other Chinese vessel, and the person in charge

As amended by Law Rev. Ord., 1924.
As amended by No. 4 of 1923.



thereof, or appearing or acting as the master or as in charge
does not produce a valid authority under this Ordinance
authorising him or some other person on board to carry or
have in his possession such arms or ammunition, such person
and all other persons, not being exempted persons, on board
shall be deemed to have possession of such arms or
ammunition, and shall be liable to the punishment prescribed
by section 28: Provided that no person shall be liable to
any punishment under this section if it is proved that he was
not the person in charge, but was on board as a bond fide
passenger or menber of the crew and was neither a party to
nor aware of the presence of any such arns or ammunition
oo board.

9. Every person carrying or having in his possession or
moving, or reasonably suspected of carrying or having in his
possession or moving, any arms or ammunition in contraven-
tion of this Ordinance may be arrested without a warrant by
any police officer, and shall be conveyed as soon as may be
to a police station, to be dealt with according to law.

10.-(1) Every importer of, dealer in, or vendor of arms
or ammunition shall take out a licence annually from the
Captain Snperintendent of Police, and shall register his name
and place of business and any godown, warehouse, or other
place in which he stores or intends to store arms or ammuni-
tion, at the office of the Captain Superintendent of Police;
and if lie falls to do so he shall be liable to the punishment
prescribed by section 28.

(2) The fee payable for such licence shall be that mentioned
in the Second Schedule.

(3) The Captain Superintendent of Police may for any
cause which he may think fit, refuse to grant a licence to
import, or deal in, or sell arms and ammunition, or arms
only, or ammunition only, and may cancel any such licence
for any cause which he may think fit, and after any such
cancellation, it shall not be lawful, useless such cancella-
tion is reversed, for the person named in such licence to
import, or deal in, or sell arms or ammunition: Provided that
an appeal to the Governor in Council shall lie in respect of
any such refusal or cancellation: Provided, also, that, in the

As amended by Law Rev. Ord., 1924.
As amended by No. 8 of 1919.



event of such cancellation, the holder of the licence may
receive back, if the Governor In Council thinks fit, a
proportionate part of the fee in respect of the unexpired
portion of the term of such licence.

11. No arms or ammunitiion shall, without the written
permission of the Captain Superintendent of Police, be kept
or stored by any importer of, or dealer in, or vendor of arms
or ammunition in any place other than the place registered
by him for that purpose.

12. Every importer of, or dealer in, or vendor of arms or
ammunition shall keep a stock-book in which the particulars
of all the stocks of arms and ammunition in his possession
shall be entered, and shall, on or before the 6th day of
February, May, August, and November respectively in each
year, furnish to the Captain Superintendent of Police a true
return, showing exactly the quantity and description of arms
and ammunition remaining in his possession at the close of
the last day of the preceding month.

13. Every importer of, or dealer in, or vendor of arms or
ammunition shall keep a book of sales, in which he shall
keep an account of all arms or ammunition sold or otherwise
disposed of by him, together with a record of the name,
occupation, and address of every purchaser thereof, the
particidars of the arms or ammunition sold, the date of the
sale, and the number and date of the licence presented or
the date of the export permit, the name of the vessel by
which such purchaser stated that he intended to export such
arms or ammunition, and the port of destination thereof
specified by such purchaser.

14. Every importer of, or dealer in, or vendor of arms or
ammunition shall be bound, whenever required by any
inspector of police, or by any officer of police bearing a written
order in that behalf from the Captain Superintendent of
Police, to produce the said stock-book and book of sales for
the inspection of the person so requiring him, for the purpose
of comparing and balancing the same or for any other
purpose, and also to allow the whole of his stock to be
inspected and counted by such person.



15.-(1) Whenever if appears to a magistrate, upon the
oath of any person, that there is reasonable cause to suspect
that any person has furnished a false or incorrect return of
arms or ammunition, or has failed or refused to make a return
or has not kept the books which he is required to keep
under sections 12 and 13, or has kept such books in a false
or incorrect manner, the magistrate may issue a warrant
to arrest such person and to search any building, vessel
(not being a ship of war or ship having the status of a ship
of war), or place where the arms or ammunition are alleged
to be kept or stored, and any police officer to whom the said
warrant is directed may, with or without assistants, and
using force, if necessary, enter any building, vessel, or place
mentioned in the said warrant, and may search for and make
an inventory of all arms and ammunition found therein, and
may arrest the person named in such warrant and also any
other person who appears to have committed an offence
against this Ordinance, and may cause such person and such
arms and ammunition to be conveyed 'before a magistrate.

(2) Every person who is convicted of failing or refusing
to make such return shall be liable to the punishment
prescribed by section 28, and any arms or ammunition found
upon his premises may, if the magistrate or Judge thinks fit,
be forfeited; and every person who is convicted of furnishing
a false or incorrect return of arms or ammunition, or of not
keeping the said books, or of keeping the said books in a
false or incorrect manner, shall be liable to the same punish-
ment and to the same forfeiture.

16. Every purchaser of arms or ammunition who know-
ingly furnishs any false information to any importer of, or
dealer in, or vendor of arms or ammunition concerning any
particulars which such importer, dealer, or vendor is required
to record under section 13 shall be liable to the punishment
prescribed by section 28.

17. No arms or ammunition shall be imported except at
the port of Victoria, and the master of every vessel (not being
a ship of war or hired armed vessel in the service of His
Majesty or of any foreign nation) having on board as cargo
any arms or ammunition, whether in transitu or for tranship-
ment or otherwise, shall, on arrival, forthwith furnish to the
Harbour Master a manifest thereof.

As amended by No. 4 of 1923 and No. 10 of 1923,
As amended by No. 8 of 1919.



18. All arms or ammunition not consigned to or to the
order of any person licensed as an importer of, or dealer in,
or vendor of arms or ammunition, brought into the Colony
under through bills of lading for any port not in the Colony,
in a vessel the agents of which are not licensed as aforesaid,
shall, if landed prior to transhipment, be stored only in such
godowns or places as may be approved in writing by the
Captain Superintendent of Police: Provided that this enact-
ment shall not apply in the case of arms or ammunition
consigned to any officer in His Majesty's service, for the use
of His Majesty's naval or military forces, Imperial or Colonial.

19. No person shall move or cause to be moved within the
Colony or the waters thereof any arms or ammunition
exceeding altogether twenty-five dollars in value, unless they
are inclosed in secure wooden boxes and distinctly marked or
labelled with the words arms or ammunition, as the
case may be, in English and Chinese: Provided that this
prohibition shall not apply to arms or ammunition-

(a) belonging to or for the use of His Majesty's forcer; or
belonging to the Colonial Government; or

(b) which are the private property of and for the personal
use of a person who has either taken out a licence under
section 3 or is an exempted person; or

(c) which are being landed direct from the vessel in
which they were imported to premises registered under this
Ordinance:

Provided also that this prohibition shall not apply to
ammunition which has been imported and is in course of
transhipment to the Government Gunpower Depot, or is being
exported direct from such Depot under a delivery order issued
by the Harbour Master.

20. It shall be lawful for any officer of police who has a
general written authority from the Captain Superintendent
of Police for that purpose to open and search any box or
package containing or suspected to contain arms or ammuni-
tion.

* As amended by Law Rev. Ord., 1924.



21. Whenever it appear to a magistrate, upon the oath
of any person, that there is reasonable cause to suspect that
any arms or ammunition are in any building, vessel. (not
being a ship of war or ship having the status of a ship of
war), or place, in contravention of this Ordinance, such
magistrate may by warraid, directed to any officer of police,
empower him with such assistants as may be necessary, by
day or by night,-

(1) to enter, and, if necessary, to break into, such building,
vessel, or place, and to search for and take possession of any
arms and ammunition which may be found there, and to
carry the same before a magistrae; and

(2) to arrest any person who may appear to have such
arms or ammunition in his possession, or control.

22.-(1) Whenever any vessel (not being a ship of war
or ship having the status of a ship of war), whether under
way or not, is about to leave the waters of the Colony, it shall
be lawful for the master or officer in charge thereof for the
time being, without any warrant for the purpose, to search
or cause to be searched all passengers (not being exempted
persons), and their luggage, baggage, and goods, for arms or
ammunition, and for that purpose, where necessary, to use
force or to break open any cases, boxes, or other receptacles
wherein any ammunition or arms are or may be reasonably
expected to be concealed.

(2) Every person who is in possession of such ammunition
or arms may be arrested forthwith by the master or any other
officer of the vessel, and, unless such person satisfactorily
accounts therefor, he shall be liable, to the punishment
prescribed by section 28.

23. Every person who obstrticts, hinders, or resists, or
assists in obstructing, hindering, or. resisting, any seach or
arrest authorised by this Ordinance shall be llable to the
punishment prescribed by section 28.

24. The Governor may establish a central store for the
safe keeping and storing of all arms and ammunition, and
notice shall be in the Gazette of the situation thereof.


As amended by No. 8 of 1919.
See No, 10 of 1886, Second Sechedule.



25. It shall be lawful for the Governor in Council, during
the continuance of any proclamation issued under the
provisions of the Peace Preservation Ordinance, 1886, by
notification, to order the removal to the said central store of
all arms and ammunition in the possession of any importers
of, or dealers in, or vendors of arms or ammunition, or of such
arms and ammunition only as, in the opinion of the Governor
in Comicil, are not in safe keeping or custody, or to order
the closing of all shops or stores where arms or ammunition
are sold, and the suspension of the sale of all arms and
ammunition during the continuance of such proclamation.

26. Every person who refuses, after the publication of any
such notification, to deliver up any arms or ammunition the
removal of which to the said central store has been ordered
under the provisions of section 25, and every person who
omits or refuses otherwise to comply therewith shall be liable
to the punishment prescribed by section 28.

27. It shall be lawful for the Governor in Council to make
any regulations necessary for carrying out this Ordinance,
and to revoke, alter, or add to the forms in the First Schedule.

28. Every person who contravenes or attempts to contra-
vene any of the provisions of this Ordinance, or any of the con-
ditions of any licence or permit issued under this Ordinance,
shall upon summary conviction be liable to a fine not exceeding
one thousatid dollars, and to imprisonment for any term not
exceeding one year, and shall upon conviction on indictment
be liable to imprisonment for any term not exceeding ten
years: Provided that no charge under section 4 shall be dealt
with summarily except at the request in writing of the
Captain Superintendent of Police, or of a Deputy or
Assistant Superintendent of Police.

29. Any arms or ammunition in connexion with which an
offence has been committed iinder this Ordinance may, if the
magistrate or judge, thinks fit, be forfeited.

As amended by No. 8 of 1919 and Law Rev. Ord., 1924.
As amended by No. 3 of 1914, No. 8 of 1919, No. 10 of 1923 and Law Rev. Ord.,
1924.
As amended by No. 8 of 1919, No. 4 of 1923 and No. 10 of 1923,





30. Any arms or ammunition which are found in any
building, vessel, or place without any apparent owner may,
whether any person is charged with or convicted of any offence
in connexion therewith or not, be ordered by the magistrate
or judge to be forfeited.

31. It shall be lawful for any officer of police to stop, and
to search for arms-

(1) any person whom he may find in any street or other
pnblic place between the hours of 6 p.m. and 6 a.m.; and

(2) any person whom he may find in any street or other
public place; at any hour of the day or night, who acts in a
suspicious manner, or whom he may suspect of having any
arms in his possession.

32. Every person who is proved to have had in his
possession or under his control anything whatever containing
any arms or ammunition, shall, until the contrary is proved,
be deemed to have been in possession of such arms or
ammunition.

FIRST SCE1EDULE. [s. 27.]

FORM No. 1. [s. 5.]

APPLICATION FOR EXPORT PERIMIT.
HONGKONG.

The Arms and Ammunition Ordinance, 1900, Section 5.

To the Captain Superintendetn of Police.
Pleasm issue a permit for the export of under-mentioned arms
and ammunition now store at street, to be shipped on
board the named the at present at
anchor at and about to proceedd to
The period for which this permit is desired is days and it
will be returned, together with the master' or mate's receipt for all
the arms and ammunition named below, to [person] at [place] on or
before o'clock in the noon of the day of ,
19 .

[Particulars of arms and ammunition.}

Dated the day of , 19 .
(Signed.) Licensed dealer in arms
[or as the case may be].



* As amended by No. 8 of 1919, No. 4 of 1923 and No. 10 of 1923.
+ As amended by No. 10 of 1923.



FORM No. 2. [S. 5.]

EXPORT PERMIT.


HONGKONG.
The Arms and Ammunition Ordinance, 1900, Section 5.
The bearer is hereby authorised to export by the
named the at present anchored at
the under-mentioned arms and ammunition:-

[Particulars of arms and ammunitions.]

This permit, together with a master's or mate's receipt for the whole
of the arms and ammunition herein referred to, must be returned to
[person] at [place] on or before o'clock in the noon of the
day of , 19 .

Dated the day of , 19

(Signed.) Captain Superintendent of Police.

FORM No. 3. [ss, 5 and 7.]

REMOVAL PERMIT
.
HONGKONG.
The Arms and Ammunition Ordinance, 1900, Section 5 and 7.
The bearer is hereby authorised to remove from to
the under-mentioned arms and ammunition, between
the hours of and on the day of , 19
This permit must he returned to [peson] at [place] before
o'clock in the noon of the day of
19 .

Dated the day of 19
(Signed.) Captain Superintendent of PoLice.

TABLE OF FEES.

TABLE OF FEFS.

1. Fee payable for a licence to an importer of, $1,200 per annuM,
or dealer in, or vendor of arms or ammunition payable in advance.
2. Fee where a retail business only is carried $10 per annum, pay-
on in firearms and ammunition for sporting able in advance.
purposes only

No. 3 of 1900, repealed by No. 15 of 1908.
No. 4 of 1900, repealed by No. 34 of 1910.
No. 5 of 1900, repealed by No. 8 of 1912.
[Originally No. 9 of 1900. No. 3 of 1914. No. 15 of 1918. No. 8 of 1919. No. 4 of 1923. No. 10 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Ammunition. Arms. To carry. Exempted person. Importer. Junk. To Move. To remove. Possession. Vessel. Granting of licence to carry or possess arms and ammunition. Prohibition of unexempted person carrying or possessing arms or ammunition without licence. [cf. No. 3 of 1908.] Conditions to be observed on sale of arms or ammunition for use in the Colony or for export. First Schedule. Forms Nos. 1, 2, 3. Exporter of arms of ammunition to obtain receipt from ship. Prohibition of moving arms or ammunition without permit. First Schedule. Form No. 3. Penalty for arms or ammunition found on vessel without licence. Arrest without warrant of person carrying arms, etc., or having them in his possession. Annual licence and registration by importer, etc., of arms or ammunition. Second Schedule. Storage only in registered place. Stock-book and quarterly returns. Book of sales. Obligation to produce books to police. Issue of search warrant and punishment for certain offences. Punishment of purchaser furnishing false information for registration. Prohibition of importation of arms and ammunition except at Victoria. Storage of arms of ammunition under through bill of lading, if landed in the Colony. Labelling of arms and ammunition for removal. Power to police to open box. Issue of search warrant in certain cases. Power to search for arms or ammunition on vessel about to leave the Colony. Penalty for obstructing search or arrest. Power to establish central store. Power to order removal to central store of all arms and ammunition, and to close arms shops, etc. Ordinance No. 10 of 1886. Penalty for refusing to deliver up arms or ammunition. Regulations. First Schedule. Penalties. Forfeiture of arms, etc., connected with offence. Forfeiture of arms or ammunition without apparent owner. Power to stop and search for arms in the street. Presumption.

[Originally No. 9 of 1900. No. 3 of 1914. No. 15 of 1918. No. 8 of 1919. No. 4 of 1923. No. 10 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Ammunition. Arms. To carry. Exempted person. Importer. Junk. To Move. To remove. Possession. Vessel. Granting of licence to carry or possess arms and ammunition. Prohibition of unexempted person carrying or possessing arms or ammunition without licence. [cf. No. 3 of 1908.] Conditions to be observed on sale of arms or ammunition for use in the Colony or for export. First Schedule. Forms Nos. 1, 2, 3. Exporter of arms of ammunition to obtain receipt from ship. Prohibition of moving arms or ammunition without permit. First Schedule. Form No. 3. Penalty for arms or ammunition found on vessel without licence. Arrest without warrant of person carrying arms, etc., or having them in his possession. Annual licence and registration by importer, etc., of arms or ammunition. Second Schedule. Storage only in registered place. Stock-book and quarterly returns. Book of sales. Obligation to produce books to police. Issue of search warrant and punishment for certain offences. Punishment of purchaser furnishing false information for registration. Prohibition of importation of arms and ammunition except at Victoria. Storage of arms of ammunition under through bill of lading, if landed in the Colony. Labelling of arms and ammunition for removal. Power to police to open box. Issue of search warrant in certain cases. Power to search for arms or ammunition on vessel about to leave the Colony. Penalty for obstructing search or arrest. Power to establish central store. Power to order removal to central store of all arms and ammunition, and to close arms shops, etc. Ordinance No. 10 of 1886. Penalty for refusing to deliver up arms or ammunition. Regulations. First Schedule. Penalties. Forfeiture of arms, etc., connected with offence. Forfeiture of arms or ammunition without apparent owner. Power to stop and search for arms in the street. Presumption.

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