WEAPONS ORDINANCE

WEAPONS ORDINANCE

LAWS OF HONG KONG

WEAPONS ORDINANCE

CHAPTER 217





CHAPTER 217

WEAPONS ORDINANCE

ARRANGEMENT OF SECTIONS

section .................................. Page

PART I

PRELIMINARY

1. Short title................................ ... ... ... . .. 2
2. Interpretation ..................... ... ... ... ... ... ... .. 2
3. Application ............................... ... ... ... ... ... 2

PART II

PROHIBITED AND MARTIAL ARTS WEAPONS

4. Possession of prohibited weapons ... ... .... ... ... ... ... ... ... 3

5. Possession of martial arts weapons ... ... ... ... ... ... ... ... ... ...

6. Disposal of martial arts weapons ..... ... . ... ... ...

7. Martial arts weapons not to be removed from premises ... ... ... ... ... 3
8. Office-bearer to give notice in certain cases ... ... ... ... ... ... ... ... 4
9. Commissioner may order the delivery, up of martial arts weapons ... ... ... ... 4
10. Offences relating to martial arts weapons ... ... ... ... ... ... ... ... ... 5

PART III

ENFORCEMENT

11...........................Entry and search of premises and search of persons ... ... ... ... ... 6

12. Power to stop and search.... ... ... ... ... ... ... ... ... ... ... 7

13..............Seizure and forfeiture ........ ... ... ... ... ... ... ... 7

14..........Obstruction ...................... ... ... ... ... ... ... ... ... ... 7

PART IV

MISCELLANEOUS

15.....................Presumption that notice not given ... ... ... ... .. 1 ... ...

16. Delegation by Commissioner ... ... ... ... ... ... ... ... ... ... ... 8

17................Amendment of Schedule ...... ... ... ... ... ... ... ... ... ... 8

18.......Saving .............................. ... ... ... ... ... ... ... ... 8

19............[Has had effect] .............. ... ... ... ... ... ... ... ... ... ... 8
20............Transitional provisions....... ... ... ... ... ... ... ... ... ... ... ... 8

Schedule. Prohibited Weapon ... ... ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 217

WEAPONS

To prohibit the possession of certain weapons and to provide
exeniptionsfirom such prohibition, to restrict the possession of
martial arts weapons and to provide for incidental matters.

[1 September 1981.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Weapons Ordinance.

2. In this Ordinance. unless the context otherwise requires-

-Commissioner- means the Commissioner of Police and in relation to any
particular power, function or duty of the Commissioner under this
Ordinance, means a person having authority under section 16 to
exercise or perform it;

---dispose-includes parting with possession.

---martialart- includes akeido bersilat. jui jitsu judo, karate. kendo kung-
fu, mo ngai san ta taekwan-do tai kik and any other form or style of
fighting or self-defence however named or any combination or
variation of the same;

---martialarts association- means any club. society or association
whether incorporated or unincorporated which has as part or the
whole of its aims and objects, or in fact engages in. the promotion,
demonstration, instruction or practice of any martial art;

---martialarts weapon- means any weapon used or designed for use as
part of or in connexion with any martial art;

'member' means a member of a martial arts association;

office-bearer of a martial arts association includes any person who is the
president, vice-president, secretary, treasurer or member of the
committee or governing body;

possession in relation to any prohibited weapon or martial arts weapon
includes the control by any person or martial arts association of
any such weapon which is in the custody of another person or
body of any kind whatsoever;

-prohibited weapon means any weapon specified in the Schedule;

-repealed Ordinance- means the repealed Arms and Ammunition
Ordinance.

3. Part 11 does not apply to the possession of any prohibited
weapon or martial arts weapon by any person





(a)on behalf of Her Majesty's Government, including possession
by an officer or member of any of Her Majesty's forces who is
in possession of any prohibited weapon or martial arts weapon
in his capacity as such; or

(b)on behalf of the Government of Hong Kong or the Urban
Council, including possession by an officer or member of any
of the following in his capacity as such

(i) the Royal Hong Kong Regiment;

(ii) the Royal Hong Kong Auxiliary Alir Force..

(iii) the Royal Hong Kong Police Force,

(iv) the Royal Hong Kong Auxiliary Police Force,

(v) the Customs and Excise Service;

(vi) the Prisons Department, and

(vii) the Independent Commission Against Corruption.

PART II

PROHIBITED AND MARTIAL ARTS WEAPONS

4. Any person who has possession of any prohibited weapon
commits an offence and is liable to a fine of $10,000 and to imprisonment
for 3 years.

5. (1) No martial arts association or member shall have possession
of any martial arts weapon unless notice thereof has been given to the
Commissioner in such form and in such manlier as the Commissioner
may from time to time specify.

(2) Every martial arts association or member who obtains
possession of a martial arts weapon shall, within 48 hours of obtaining
possession, give notice thereof to the Commissioner in

such form and in such manner as the Commissioner may from time to
time specify.

6. (1) Every martial arts association or member who disposes of any
martial arts weapon shall, within 48 hours of the disposal, give notice to
the Commissioner of such details of the disposal in such form and in
such manner as the Commissioner may from time to time specify.

(2) Where any martial arts weapon is disposed of. in a case where
subsection (1) applies, the martial arts association or person to whom
the weapon was disposed shall provide the martial arts association or
member who disposed of the weapon with any information necessary to
enable subsection (1) to be complied with.

7. (1) Subject to subsection (2), a martial arts association or member
shall not remove or allow to be removed any martial arts weapon from
the premises in which it was located at the time possession of the
weapon was notified to the Commissioner, except in accordance with the
permission in writing given for that purpose by the Commissioner.





(2) Subsection (1) shall not apply to the removal of a martial arts
weapon on or after its disposal to a martial arts association or person
where the disposal has been notified to the Commissioner under section
6.

8. Where under section 5 or 6 any notice or information is required
to be given in respect of the possession or disposal of a martial arts
weapon by a martial arts association. the notice or information shall be
given by an office-bearer of the association.

9. (1) The Commissioner may at any time in writing order the
delivery up to him or seizure of any martial arts weapon where he
considers that the possession of the weapon by any martial arts
association or person is undesirable- (Amended, L.N. 100/84)

(a) in the case of a martial arts association on the ground

(1) that he suspects that it is a Triad Society within the
meaning of the Societies Ordinance or that it has any group of
members who are members of such a society: or

(ii) that any office-bearer. martial arts instructor or employee
of the association has been convicted of a criminal offence
involving any, act of violence or the possession of any
offensive weapon within the meaning of the Summary
Offences Ordinance or the Public Order Ordinance or any
prohibited weapon or martial arts weapon or the possession or
use of any arms under the Firearms and Ammunition
Ordinance or the repealed Ordinance; and

(b) in the case of a person, on the ground--

(i) that he suspects that the person is a member of a Triad
Society, within the meaning of the Societies Ordinance; or

(ii) that the person has been convicted of a criminal offence
involving any act of violence or the possession of any
offensive weapon within the meaning of the Summary
Offences Ordinance or the Public Order Ordinance or any
prohibited weapon or martial arts weapon or the possession or
use of any arms under the Firearms and Ammunition
Ordinance or the repealed Ordinance.

(2) Where the Commissioner in writing orders the delivery

up or seizure of any martial arts weapon under subsection (1) he
shall in the order specify the ground on which it is made.

(3) Any martial arts association or person aggrieved by an order of
the Commissioner for the delivery up or seizure of any martial arts
weapon may. within 14 days of receiving notice of the order, appeal by
way of petition to the Governor in Council who may confirm the order of
the Commissioner or give him such directions as he thinks fit and the
decision of the Governor in Council shall be final.





(4) Nothing in subsection (3) shall relieve a martial arts association
or person of the obligation to deliver up any martial arts weapon when
ordered to do so by the Commissioner.

(5) An order under subsection (1) may be served-

(a) in the case of a martial arts association-

(i) by delivering it personally to an office-bearer of the
association; or

(ii) by posting it by registered post to any premises
occupied by the association and

(b) in the case of a person-

(i) by, delivering it to him personally or

(ii) by posting it by registered post addressed to him at his
last known place of residence or business.

10. (1) Where a martial arts association or member

(a)has possession of a martial arts weapon in respect of which
notice has not been given to the Commissioner under section
5(1)..

(b)obtains possession of a martial arts weapon and fails to give
notice thereof to the Commissioner under section 5(2) within
the time specified in that section:

(c)disposes of any martial arts weapon and fails to give notice of
the details of the disposal to the Commissioner under section
6(1);

(d)removes or allows to be removed any martial arts weapon from
the premises in which it was located at the time possession or
control of the weapon was notified to the Commissioner,
except in accordance with the permission in writing given for
that purpose by the Commissioner under section 7: or

(e)fails to deliver up any martial arts weapon when ordered to do
so by the Commissioner under section 9.

the member, or in the case of a martial arts association every office-
bearer and every person acting as such. commits an offence and is liable
to a fine of $5,000 and to imprisonment for 2 years.

(2) Where a martial arts association or member-

(a)delivers up or has had seized from it or him any martial arts
weapon under section 9; and

(b)subsequent to the delivery up or seizure commits an offence
under subsection (1)(b),

the member, or in the case of a martial arts association every office-
bearer and every person acting as such, commits an offence and is liable
to a fine of $10,000 and to imprisonment for 3 years.





(3) Where any person-

(a)refuses to provide any information required under section
6(2):

(b)makes any statement or provides any information for the
purposes of section 6(2) which he knows to be false or
misleading in a material particular, or recklessly makes any
statement or provides any information which is false in a
material particular; or

(c)fails to deliver up any martial arts weapon when ordered to do
so by the Commissioner under section 9,

he commits an offence and is liable to a fine of 55,000 and to
imprisonment for 2 years.

(4) Where an officer-bearer of a martial arts association or any
person acting as such is charged with an offence under subsection (1)
or (2) as the result of the commission of an offence by the association, it
shall he a defence for him to prove that he exercised such diligence to
ensure that the association complied with the provisions of this
Ordinance in respect of which the offence has been charged, as he
ought to have exercised having regard to the nature of his functions and
all other circumstances.

PART III

ENFORCEMENT

11. (1) If a magistrate is satisfied by information on oath in writing
that there is reasonable ground for suspecting that an offence under this
Ordinance has been, is being, or is about to be committed, the magistrate
may by warrant authorize any police officer

(a)to enter at any time any place, premises. vessel, vehicle, train
or aircraft, if necessary by force, and to search the same and
every person found there; and

(b) to seize and detain-

(i) any prohibited weapon or martial arts weapon which he
may find and in connexion with which he has reason to
suspect that an offence under this Ordinance has been, is
being, or is about to be committed; and

(ii) any thing which appears to him to be or to contain
evidence that such an offence, or an attempt thereat, has been
committed.

(2) A person authorized under subsection (1) to exercise the
powers in that subsection, or any of them. may be accompanied by such
other police officers as may be necessary for the purpose.





(3) No person shall be searched under this section or under section
12 except by a person of the same sex.

12. (1) For the purposes of this Ordinance-

(a)a police officer may stop and search any person and search
the property of any person if

(i) the officer has reason to suspect that the person has any
prohibited weapon or martial arts weapon in his possession;
or

(ii) the person is found in any place. premises, vessel,
vehicle, train or aircraft in which any prohibited weapon or
martial arts weapon is found, and

(b)a member of the Customs and Excise Service may stop and
search any person and search the property of any person if
the person is arriving in or about to depart from Hong Kong
and

(i) the member has reason to suspect that the person has
any prohibited weapon in his possession; or

(ii) the person is found in any place. premises, vessel,
vehicle, train or aircraft in which any prohibited weapon is
found.

(2) On any such occasion-

(a)a police officer may seize and detain any prohibited weapon or
martial arts weapon, and

(b)a member of the Customs and Excise Service may seize and
detain any prohibited weapon.

and, in either case, any thing provided in section 11 (])(b)(ii) which
relates to the type of weapon authorized to be seized and detained
under this subsection.

13. (1) A police officer may at any time seize, remove and detain any
prohibited weapon or martial arts weapon if he has reason to suspect
that an offence under this Ordinance is being or has been committed in
respect thereof or that the weapon has been abandoned.

(2) Upon the conviction of any person for an offence under section
4 or 10, the prohibited weapon or martial arts weapon in respect of which
the offence was committed shall, without any order in that behalf, be
forfeited to the Crown and may be disposed of (whether by destruction
or otherwise) by the Commissioner.

14. A person who obstructs a police officer or member of the
Customs and Excise Service in the exercise of any power conferred on
him by section 11. 12 or 13 commits an offence and is liable to a fine of
$3,000 and to imprisonment for 6 months.





PART IV

MISCELLANEOUS

15. In any proceedings for an offence under section 10(1)(a), (b) or
(c) or section 10(2) it shall be presumed until the contrary is proved that
the Commissioner was not given the notice required in relation to the
martial arts weapon in respect of which the offence has been charged.

16. For the purposes of this Ordinance the Commissioner may in
writing authorize any public officer by name, office or appointment to
exercise and perform the powers, functions and duties conferred and
imposed upon the Commissioner by this Ordinance.

17. The Legislative Council may by resolution amend the Schedule.

18. Nothing in this Ordinance shall be deemed to affect any
provision relating to any offensive weapon under the Summary
Offences Ordinance or the Public Order Ordinance.

19. [Has had effect.]

20. Where in respect of a martial arts weapon, a martial arts
association or member held a licence or exemption which

(a)had been issued under section 3(1) or (5) of the repealed
Ordinance; and

(b)was in force immediately before the commencement of the
Firearms and Ammunition Ordinance,

notice in relation to the weapon shall be deemed to have been given to
the Commissioner under section 5(1) on the commencement of this
Ordinance.

SCHEDULE [ss. 2 & 17.]

PROHIBITED WEAPON

Chinese-style throwing dart
Flick-knife Gravity knife
Gravity-operated steel
baton Knuckleduster
Chinese-style fighting iron
Spring-loaded steel baton
Originally 69 of 1981. L.N. 100/84. L.N. 284/81. Short title. Interpretation. Schedule. (Cap. 238, 1964 Ed.) Application. Possession of prohibited weapons. Possession of martial arts weapons. Disposal of martial arts weapons. Martial arts weapons not to be removed from premises. Office-bearer to give notice in certain cases. Commissioner may order the delivery up of martial arts weapons. (Cap. 151.) (Cap. 228.) (Cap. 245.) (Cap. 238.) Offences relating to martial arts weapons. Entry and search of premises and search of persons. Power to stop and search. Seizure and forfeiture. Obstruction. Presumption that notice not given. Delegation by Commissioner. Amendment of Schedule. Saving. (Cap. 228.) (Cap. 245.) Transitional provisions. (Cap. 238.)

Originally 69 of 1981. L.N. 100/84. L.N. 284/81. Short title. Interpretation. Schedule. (Cap. 238, 1964 Ed.) Application. Possession of prohibited weapons. Possession of martial arts weapons. Disposal of martial arts weapons. Martial arts weapons not to be removed from premises. Office-bearer to give notice in certain cases. Commissioner may order the delivery up of martial arts weapons. (Cap. 151.) (Cap. 228.) (Cap. 245.) (Cap. 238.) Offences relating to martial arts weapons. Entry and search of premises and search of persons. Power to stop and search. Seizure and forfeiture. Obstruction. Presumption that notice not given. Delegation by Commissioner. Amendment of Schedule. Saving. (Cap. 228.) (Cap. 245.) Transitional provisions. (Cap. 238.)

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