FIREARMS AND AMMUNITION ORDINANCE

FIREARMS AND AMMUNITION ORDINANCE

LAWS OF HONG KONG

FIREARMS AND AMMUNITION ORDINANCE

CHAPTER 238





CHAPTER 238

FIREARMS AND AMMUNITION ORDINANCE

ARRANGEMENT OF SECTIONS

section Page

PART 1

PRELIMINARY

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

PART 11

APPLICATION

3. Possession on behalf of the Crown etc . .... ... ... ... ... ... ... ... 6

4. Possession by exempted person .............. ... ... ... ... ... ... 6

5. Possession for the protection of life or property on vessels ... ... ... ... 6

6. Possession of arms or ammunition carried on aircraft ... ... ... ... ... 7

7. Possession on ship or aircraft of foreign state ... ... ... ... ... ... 8
8. Possession of arms and ammunition in transit ... ... ... ... ... ... 8

9. Possession for purposes of export .......... ... ... ... ... ... ... ... 8
10....................Possession of cartridges for fixing tools ... ... ... ... ... ... ... ...
9

11. Possession by corporations. associations of persons. and members thereof ... 9

12......................Possession for purposes of instruction ... ... ... ... ... ... ... ... 10

PART 111

OFFENCES

13.............................Possession of arms or ammunition without licence ... ... ... ... ... 10

14...........................Dealing in arms or ammunition without a licence ... ... ... ... ... ... 10

15. Giving possession of arms or ammunition to unlicensed person and obtaining

possession by false pretences ............ ... ... ... ... ... ... ... ... 10

16.................................Possession of arms or ammunition with intent to endanger life ... ... ... 11

17. Resisting arrest with or committing offence while in possession of arms or

ammunition or imitation firearm .......... ... ... ... ... ... ... .. 11

is. Carrying arms or ammunition or imitation firearm with criminal intent ... ... 11

19...............................Trespassing with arms or ammunition or imitation firearm ... ... ... ... 12

20....................Possession of an imitation firearm ... ... ... ... ... ... ... ... ... 12

21.........................Converting imitation firearm into a firearm ... ... ... ... ... ... ... 13
22.........................Dangerous or reckless use of firearm etc. ... ... ... ... ... ... ... 13







23. Failure to comply with terms and conditions of licence. etc. ... ... ... ... 13

24. Presumptions relating to possession of arms. ammunition and imitation firearms 13

25. Proof of allegation under section 17. 18. 19 or 20 ... ... ... ... ... ... ... 14

26. Evidence of muzzle energy of air weapons ... ... ... ... ... ... ... ... 14

PART IV

LICENSING

27.........................Licences in respect of arms and ammunition ... ... ... ... ... ... ... 15

28..................Effect of licence for possession ... ... ... ... ... ... ... ... ... ... 15





Section Page
29. Effect of dealer's licence ... ... ... ... ... ... ... ... ... ... ... ... 16
30. Licences for conveying arms and ammunition or removal thereof from Hong
Kong ... ... ... ... ... ... ... ... 1 ... ... ... ... ... ... ... 16
31. Licences not transferable and not to be granted to corporation ... ... ... ... 17
32, Renewal of licences ... ... ... ... ... ... ... ... ... ... ... ... ... 17
33. Cancellation etc. of licence ... ... ... ... ... ... ... ... ... ... ... 17
X Applicant or licensee to be notified of decision of Commissioner ... ... ... 17
35. Appeals . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 17

PART V

RECORDING OF TRANSACTION'S

36. Commissioner to be notified of transactions etc . ... ... ... ... ... ... ... 18
37. Dealers to record particulars of all transactions ... ... ... ... ... ... ... 18
38. Inspection of register or of arms and ammunition ... ... ... ... ... ... ... 19
39. Offences under this Part ... ... ... ... ... ... ... ... ... ... ... ... 19

PART VI

ENFORCEMENT

40. Entry and search of premises and persons ... ... ... ... ... ... ... ... 20
41. Power to stop and search ... ... ... ... ... ... ... ... ... ... ... ... 21
42. Power to search vehicles ... ... ... ... ... ... ... ... ... ... ... ... 21
43. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 21
44. Seizure and forfeiture ... ... . ... ... ... ... ... ... ... ... ... 21

PART VII

M IS(
MISCELLANEOUS

45. Governor in Council may order delivery up of arms etc, and suspension of dealing 22
46. Storage of arms. ammunition and imitation firearms by Commissioner ... ... 22
47. False statements ... ... ... ... ... ... ... .... ... ... ... ... ... ... 23
48, Interference with serial numbers or licences ... ... ... ... ... ... ... ... 23
49. Defence of exercising due diligence in certain cases ... ... ... ... ... ... 24
50. Delegation by Commissioner ... ... ... ... ... ... ... ... ... ... ... 24
51. Service of notices ... ... ... ... ... ... ... ... ... ... ... ... ... 24
52. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 24
53. Licence or exemption not to affect application of other Ordinances ... ... ... 25
54. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 25
55-56. [Ho Have had ... ... ... ... ... ... ... ... . ... ... ... ... ... ... 26
57. Transitional provisions ... 1 ... 1 ... ... ... ... 0 ... ... ... ... ... 26

Schedule Provisions to which sections 17(2) and 20(2) apply ... ... ... ... ... ...
27





CHAPTER 238

FIREARMS AND AMMUNITION

To repeal and replace the A Arms and A Ammunition
Ordinance.

[1 September 1981.1

PA RT 1

PRELIMINARY

1 This Ordinance may be cited as the Firearms and Ammunition
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'ammunition' means-

(a) ammunition for the arms coming within paragraphs (a),

(b), (c), (d) and (g) of the definition of---arms---;

(b)ammunition containing, or designed or adapted to contain,
any noxious liquid, gas, powder or other similar thing coming
within paragraph (e) of the definition of---arms---;

(c)grenades, bombs and other like missiles (whether capable of
use with arms or not), and fuses, percussion caps and priming
caps therefor;

(d)a 'cartridge' as defined in regulations relating to
cartridgeoperated fixing tools made under the Factories and
Industrial Undertakings Ordinance;

(e)any thing declared by the Governor in Council in reguiations
made under section 52 to be ammunition for the purposes of
this Ordinance;

any shell case or cartridge case,

but does not include

(i) a hand-grenade which can be used only for fire-fighting
purposes;

(ii) a used shell or used cartridge case which is used only as an
article of personal, household, or office use or adornment,

unless the same is included by virtue of regulations referred to

in paragraph (e);

,,arms' means-

(a) any firearm;

(b)an air rifle, air gun or air pistol from which any shot, bullet or
missile can be discharged with a muzzle energy greater than 2
joules;





(c)any portable device which is designed or adapted to stun or
disable a person by means of an electric shock applied either
with or without direct contact with that person;

(d)any gun, pistol or other propelling or releasing instrument
from or by which a projectile containing any gas or chemical
could be discharged;

(e)any weapon for the discharge of any noxious liquid, gas,
powder or other similar thing (including an aerosol containing
any noxious liquid, gas, powder or other similar thing which
is not in general trade or domestic use in aerosol form);

any harpoon or spear gun, however powered;

(g)any other thing declared by the Governor in Council in
regulations made under section 52 to be within the definition
of 'arms' for the purpose of this Ordinance;

(h)a component part used or intended to be used for the
discharge of a missile from any of the arms coming within the
foregoing paragraphs, and any accessory to such arms
designed or adapted to diminish the noise or flash caused by
firing the same,

but does not include

(i)any -cartridge-operated fixing tool as defined in regulations
relating thereto made under the Factories and Industrial
Undertakings Ordinance.

(ii) any slingshot catapult. bow or other similar weapon, unless the
same is included by virtue of regulations referred to in paragraph
(g);

---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 pursuant to
section 50 to exercise or perform it;

'deal in- means

(a)to manufacture. store, sell, let on hire, part with possession
of, supply, import, procure. purchase, take on hire, take
possession of, transport, repair, test, prove or to offer to do
any of the foregoing;

(b)to expose for sale or hire or to have in possession for storage.
sale, hire. supply, transport, repairing, testing or proving,

'dealer' means a person who by way of trade or business deals in arms
or ammunition but does not include any person referred to in
section 3;

dealer's licence' means a licence granted under section 27(3);

'firearm' means a lethal barrelled weapon of any description from
which any shot. bullet or missile can be discharged;





'imitation firearm' means any thing which has-

(a)the appearance of being a firearm, but which is not within the
definition of that term in this section;

(b)the appearance of being an air rifle, air gun or air pistol but
which is not within paragraph (b) of the definition of ,,arms' in
this section;

(c)the appearance of being a grenade, but which is not within the
definition of 'ammunition- in this section;

'licence' means-

(a) a dealer's licence;

(b) a licence for possession;

'licence for possession- means a licence granted under section 27(2);

---licensee'means a person to whom a licence has been granted;

,,watchman' means a watchman registered under the Watchmen
Ordinance.

(2) For the purposes of sections 13. 15 and 24-

(a)a person is in possession of arms or ammunition or of any
documents, keys or other things mentioned in section 24 if
they are actually in his possession or under his control or are
held by some other person subject to his control or
instructions or for him or on his behalf,

(b)a person parts with possession of arms or ammunition if he
does anything whereby he ceases to be in possession, within
the meaning in paragraph (a), of the arms or ammunition or of
any document, keys or other thing mentioned in section 24.

(3) An article which would otherwise be within the definition of
'ammunition' in subsection (1) shall not be excluded therefrom by
reason only of the fact that it

(a) has been used; or

(b)does not for the time being contain any explosive, gas or
chemical.

(4) An article which would otherwise be within the definition of
'arms' or 'ammunition' in subsection (1) shall not be excluded
therefrom by reason only of the fact that it is defective or out of repair.

(5) The use in this Ordinance of the expression---arms-shall not
exclude the operation of section 7(2) of the Interpretation and General
Clauses Ordinance, and accordingly the expression means the singular
thereof where the context so requires.





PART 11

APPLICATION

3. Sections 13 and 14 do not apply to the possession of., or
dealing in, arms or ammunition by any person

(a)on behalf of Her Majesty's Government, including possession
by an officer or member of any of Her Majesty's Force who is
in possession of or deals in the arms or ammunition 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 Air 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;
(vii) the Independent Commission Against Corruption.

4. (1) Section 13 does not apply to the possession of arms or
ammunition by a person who is in possession thereof under and in
accordance with an exemption granted by tile Governor under
subsection (2) or by the Commissioner under subsection (3).

(2) The Governor may by notice in the Gazette exempt any person
or class or description 'of persons from the prohibition in section 13
either generally or to such limited extent as he may specify, and may at
any time by notice in the Gazette vary or revoke the exemption.

(3) The Commissioner may in writing-

(a)exempt any person from the prohibition in section 13 in
respect of the possession of specified arms and any specified
quantity of ammunition therefor, or in respect of specified
ammunition, or in respect of specified arms and ammunition,

(b)grant such exemption for an indefinite or for a specified
period and on such terms and conditions as he thinks fit;

(e)at any time, by notice in writing. vary or revoke the
exemption; and

(d)waive payment of any fee prescribed in respect of an
exemption tinder this subsection.

5. (1) Section 13 does not apply to the possession of arms or
ammunition by the owner or person in charge of a vessel, or by a
person who is authorized by the owner or person in charge of a vessel
to have such possession, if the arms or ammunition





(a) are carried on a vessel, other than a specified vessel; and

(b)are part of the equipment reasonably required to be carried on
such vessel for the protection of life or property; and

(e) remain at all times on the vessel while it is in Hong Kong.

(2) In subsection (1)-

,,vessel' means-

(a)any ship, junk, boat, dynamically supported craft, seaplane, or
other description of vessel used in navigation;

(b)any other description of vessel in the waters of Hong Kong
not used in navigation or not constructed or adapted for use
in navigation; and

'specified vessel' imeans-

(a)any vessel regularly employed in trading or going within river
trade limits (as defined in the Shipping and Port Control
Ordinance);

(b) any vessel employed in sea fishing:

(c) any vessel used for pleasure purposes,

(d)any other description of vessel, whether self-propelled or not.
used in navigation solely within the waters of Hong Kong;

(e)any other description of vessel in the waters of Hong Kong
not used in navigation or not constructed or adapted for use
in navigation;

any other vessel or description of vessel which the Governor
may declare by notice in the Gazette to be a specified vessel,

whether or not the vessel is provided with a certificate of registry
or a certificate of foreign registry for the purposes of the Merchant
Shipping Ordinance.

6. Sections 13 and 14 do not apply to possession, storage,
importation or transport of arms or ammunition by the owner or person
in charge of an aircraft, or by a person who is authorized by the owner
or person in charge of an aircraft to possess, store, import or transport
arms or ammunition, if the arms or ammunition

(a)are part of the equipment reasonably required to be carried on
such aircraft for the protection of life or property or are
carried on behalf of a passenger on the aircraft; and

(b)are committed to the custody of a member of the Customs
and Excise Service while the aircraft is in Hong Kong; and

(c)are only in the possession of the said owner or other person
at any time when such possession is necessary





(i) before delivery of the arms or ammunition to, or their
collection from, a member of the Customs and Excise Service;
or

(ii) because it is not practicable to comply with paragraph
(b) by reason of the short duration of the aircraft's presence
in Hong Kong.

7. (1) Section 13 does not apply to the possession of arms or
ammunition by any person who is authorized to have such possession
by the appropriate authority having jurisdiction on any ship of war or
military aircraft of a foreign state if the arms or ammunition remain at all
times on the ship or aircraft while it is in Hong Kong.

(2) A certificate under the hand of the Chief Secretary shall be
conclusive proof that a ship or aircraft is' or is not one to which
subsection (1) applies.

8. Sections 13 and 14 do not apply to the possession of or dealing
in arms or ammunition by a person whose possession or dealing is
limited to arms or ammunition

(a)which are brought into Hong Kong only in the course of
being transported as cargo to some other place; and

(b) which are-

(i) recorded as cargo in the manifest of the vessel or aircraft
on board which they are brought into Hong Kong and remain
on board such vessel or aircraft at all times while it is in Hong
Kong;

(ii) in the case of a vessel, are part of the personal baggage
of a passenger and remain on board such vessel in a securely
locked cabin or container at all times while it is in Hong Kong.

9. Sections 13 and 14 do not apply to the possession, storage or
transport of arms or ammunition by a person if that person

(a)has received them by delivery from a licensed dealer in the
ordinary course of business, or from some other person
authorized to have possession of them, and has done so as
the carrier, or the agent or employee of the carrier, on whose
aircraft, vessel, train or vehicle the arms or ammunition are to
be exported from Hong Kong, or

(b)is in possession of arms or ammunition after they have been
delivered as described in paragraph (a) and

(i) ensures that the arms or ammunition are recorded in the
manifest of the aircraft, vessel, train or vehicle on which they
are to be so exported. and

(ii) ensures that prior to their being placed on such aircraft.
vessel, train or vehicle, they are kept in a manner and place
approved by the Commissioner, on such terms and
conditions as the Commissioner thinks fit; and





(iii) does not cause any avoidable delay in their being
placed on such aircraft. vessel. train or vehicle. and

(iv) after they have been so placed, does not remove them
from the aircraft. vessel. train or vehicle at any time while it is
in Hong Kong or take possession after they have been so
removed by some other person.

10. Sections 13 and 14 do not apply to the possession of, or
dealing in, any cartridge mentioned in paragraph (d) of the defini-
tion ofin section 2 by any person if that person is in
possession thereof-

(a)as a dealer in such cartridges or as a servant of a dealer
carrying out the bona fide and lawful instructions of the
dealer; or

(b) in connexion with the bona fide use of the cartridge for
work in conjunction with a fixing
tool- as defined in regulations made under the Factories
and Industrial Undertakings Ordinance.

11. (1) Section 13 does not apply to the possession of arms or
ammunition by a corporation if a responsible officer of the corporation
holds a licence for possession which is expressed to be held on behalf
of the corporation and if he and the corporation respectively comply
with such of the terms and conditions of that licence as are applicable
to him and it.

(2) Section 13 does not apply to the possession of arms and
ammunition by any person if

(a)he is in possession as a member of a corporation or an
unincorporated association of persons which owns the arms
or ammunition;

(b)the corporation or association has as its principal object the
use of arms and ammunition for recreational purposes,

(c)a responsible officer of the corporation or association holds a
licence for possession which is expressed to be held on
behalf of the corporation or association and complies with the
terms and conditions of that licence, and

(d) the possession is only-

(i) for the purposes of recreation or competition on the
premises of the corporation or association or on such other
premises or at such other place as may be approved by the
Commissioner; or

(ii) for the storage, repair, testing or proving of the arms or
ammunition on the premises of the corporation or association
or on such other premises as may be approved by the
Commissioner.





12. Section 13 does not apply to the possession by any person of
arms or ammunition belonging to a licensee who holds a licence for
possession of those arms or ammunition if

(a)such person has possession for the purpose of being
instructed in the use of arms and ammunition;

(b)the instruction takes place on premises or at a place approved
by the Commissioner;

(e)such person, while in possession, remains at all times under
the supervision of the licensee; and

(d) such person is aged 15 years or over.

PART III

OFFENCES

13. (1) No person shall have in his possession any arms or
ammunition unless

(a)he holds a licence for possession of such arms or ammunition
or a dealer's licence therefor; or

(b)he is an agent or a servant of a person referred to in
paragraph (a), other than a watchman employed by him, and
is carrying out the bona fide and lawful instructions of such
person.

(2) A person who contravenes subsection (1) commits an offence
and is liable on conviction upon indictment to a fine of 5100.000 and to
imprisonment for 14 years.

14. (1) No person shall by way of trade or business deal in any
arms or ammunition unless he holds a dealer's licence authorizing him
to do so.

(2) A person who contravenes subsection (1) commits an offence
and is liable on conviction upon indictment to a fine of $100,000 and to
imprisonment for 10 years.

15. (1) No person shall part with possession of arms or
ammunition to another person or knowingly permit or allow another
person to obtain possession thereof (other than an agent or servant
who comes within section 13(1)(b) unless that other person

(a)produces a licence for possession or a dealer's licence
granted to him and authorizing him to have possession
thereof, or

(b)shows that. pursuant to Part 11, section 13 does not apply to
the possession by him of the arms or ammunition in question.

(2) If a person takes all reasonably available steps and exercises all
due diligence to satisfy himself for the purposes of subsection (1) that





(a)a document produced under paragraph (a) thereof is a valid
and effectual licence authorizing the other person to have
possession of the arms or ammunition in question; or

(h)section 13 does not apply to the possession by the other
person of the arms or ammunition in question,

the first-mentioned person does not commit an offence under
subsection (1) by reason only of the fact that the document is not a
valid and effectual licence or that section 13 does apply as aforesaid.

(3) A person who contravenes subsection (1) commits an offence
and is liable on conviction upon indictment to imprisonment for 5 years.

(4) A person who for the purpose of obtaining possession of arms
or ammunition knowingly produces a false licence. or a licence in which
a false entry has been made by him or with his knowledge, or
personates a person to whom a licence has been granted, commits an
offence and is liable to imprisonment for 2 years.

16. (1) A person commits an offence who has in his possession
any arms or ammunition with intent by means thereof to endanger life or
to enable another person by means thereof to endanger life.

(2) A person who commits an ofrence under subsection (1) is
liable on conviction upon indictment to imprisonment for 14 years

17. (1) A person who makes any use whatsoever of any arms or
ammunition or imitation firearm with intent to resist or prevent the
lawful arrest or detention of himself or another person commits an
offence and is liable on conviction upon indictment to imprisonment for
14 years (without prejudice to any penalty that may be imposed for any
offence to which the arrest or detention relates).

(2) A person who, at the time of his committing an offence under
any of the provisions specified in the Schedule, has in his possession
any arms or ammunition or imitation firearm commits an offence, unless
he shows that he had it in his possession for a lawful object, and is
liable on conviction upon indictment to imprisonment for 14 years
(without prejudice to any penalty for the first-mentioned offence).

(3) If in proceedings for an offence under subsection (1) the
defendant is acquitted but it is proved that he is guilty of an offence
under subsection (2) he shall be convicted of the offence under
subsection (2) and shall be punishable accordingly.

18. (1) A person commits an offence who has with him any arms or
ammunition or imitation firearm with intent to commit an arrestable
offence, or to resist arrest or prevent the arrest of another, in either case
while he has the arms or ammunition or imitation firearm with him.





(2) In proceedings for an offence under subsection (1) proof -that
the accused had any arms or ammunition or imitation firearm with him
and intended to commit an arrestable offence, or to resist or prevent
arrest, is evidence that he intended to have the same with him while
doing so.

(3) A person who commits an offence under subsection (1) is
liable on conviction upon indictment to imprisonment for 14years.

19. (1) A person commits an offence who, while he has any arms
or ammunition or imitation firearm with him, enters or is in any place as
a trespasser and without reasonable excuse.

(2) A person who commits an offence under subsection (1) is
liable on conviction upon indictment to imprisonment for 14 years.

(3) In subsection (1) 'place' means any land (including land
covered with water) building. vehicle. vessel, train or aircraft or any
part thereof.

(4) No prosecution for an offence under subsection (1) shall be
instituted without the consent of the Attorney General but this
subsection shall not prevent the arrest, or the issue of a warrant for the
arrest, of a person for any such offence.

20. (1) Subject to subsections (2) and (3). any person who is in
possession of an imitation firearm commits an offence and is liable to
imprisonment for 2 years.

(2) Any person who. within 10 years of being convicted of an
offence specified in the Schedule or of an offence under this Ordinance,
commits an offence under subsection (1) is liable to imprisonment for 7
years.

(3) A person does not commit an offence under subsection (1) if
he satisfies the magistrate that

(a) at the relevant time he was under the age of 15, or

(b)he was in possession of the imitation firearm in his capacity
as a person who deals in imitation firearms by way of trade or
business. or as a servant of such a person carrying out his
bona fide and lawful instructions, or

(c.)he was not in possession of the imitation firearm for a
purpose dangerous to the public peace, or of committing an
offence. or in circumstances likely to lead to

(i) the commission of an offence; or

(ii) the possession of the imitation firearm for a purpose
dangerous to the public peace,

by himself or any other person.

(4) No prosecution for an offence under subsection (1) shall be
instituted without the consent of the Attorney General but this
subsection shall not prevent the arrest. or the issue of a warrant for the
arrest, of a person for any such offence.





21. (1) A person commits an offence who converts into a firearm
anything which, though having the appearance of being a firearm, is so
constructed as to be incapable of discharging any shot, bullet or
missile through its barrel.

(2) A person who commits an offence under subsection (1) is
liable on conviction upon indictment to imprisonment for 14 years.

22. (1) A person commits an offence who, without lawful authority
or reasonable excuse. discharges or otherwise deals with any arms or
ammunition in a manner likely to injure. or endanger the safety of, any
person or property or with reckless disregard for the safety of others.

(2) A person who commits an offence under subsection (1) is
liable on conviction upon indictment to imprisonment for 7 years.

1 23. (1) Any person who holds a licence for possession of arms or
ammunition or a dealer's licence and who fails to comply with any term
or condition of that licence. commits an offence and is liable

(a)on conviction upon indictment to imprisonment for 10 years;
and

(b)on summary conviction to a fine of $10,000 and to
imprisonment for 6 months.

(2) Any person who holds an exemption under section 4(3) and
who fails to comply with any term or condition of that exemption,,
commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months.

(3) Any person who fails to comply with any term or condition
imposed by the Commissioner under section 9(b)(ii). commits an
offence and is liable to a fine of 510,000 and to imprisonment for 6
months.

24. (1) Any person who is proved-

(a) to have had in his possession-

(i) anything whatsoever containing any arms or
ammunition:

(ii) the keys of anything whatsoever containing any arms
or ammunition;

(iii) the keys of any place, premises or vehicle or part of any
place, premises or vehicle in which any arms or ammunition
are found;

(b)to have had in his possession or under his charge or control
any place, premises, vessel, vehicle or aircraft or a part of any
place, premises, vessel, vehicle or aircraft in which any arms
or ammunition are found,





shall, until the contrary is proved, be presumed to have had such
arms or ammunition in his possession for the purposes of sections 13
and 15.

(2) Any person who is proved to have had in his possession-

(a)a document of title to goods as defined in section 2 of the
Sale of Goods Ordinance; or

(b)any of the following documents namely a dock warrant, a
godown warrant or receipt, a warehouse keeper's certifi-
cate, a warrant or order for the delivery of goods or a
baggage receipt or a document or thing intended to serve
the purpose of a baggage receipt,

relating to anything containing any arms or ammunition shall, until
the contrary is proved, be presumed to have had such arms or
.ammunition in his possession for the purposes of sections 13 and 15.

25. (1) Without prejudice to the proof of the other elements
of an offence under section 17, 18 or 19 it shall be sufficient proof in
any proceedings under any of those sections in which the prosecu-
tion is unable to establish whether the article which the accused
used, or had with him, or in his possession, was a real firearm or an
imitation firearm if the prosecution establishes that the article was
either a real or an imitation firearm without establishing whether the
article was one or the other; and a charge under any of those sections
may be framed accordingly.

(2) Without prejudice to the proof of the other elements for an
offence under section 20. where a person is charged with an offence
under that section and. in the proceedings for that offence, the
prosecution is unable to establish whether the article which the
accused had in his possession was a real firearm or an imitation
firearm, if the prosecution establishes that the article was either a
real or an imitation firearm-the accused may be convicted of that
offence.

26. (1) A document which purports to be signed by a person
authorized by the Commissioner and to certify that an air rifle, air
gun or air pistol specified therein was-

(a)at a time or times specified therein tested as to the muzzle
energy with which a shot, bullet or other missile could be
discharged therefrom; and

(b)found at the said time or times to be able to discharge the
shot, bullet or other missile specified therein from the said
air rifle, air gun or air pistol with a muzzle energy measur-
ing the number of joules specified therein,

shall be admissible in evidence in any proceedings for an offence
under this Part on its production before the court without further
proof.





(2) On the production of a document under subsection (1)-

(a)the court before which the document is produced shall until
the contrary is proved, presume that

(i) the signature to the document is genuine;

(ii) the person who signed it was duly authorized to sign at
the time he signed it; and

(b)such document shall be prima facie evidence of the matters
contained therein.

PART IV

LICENSING

27. (1) An application for-

(a) a licence for possession; or

(b) a dealer's licence,

shall be made to the Commissioner in such form and manner as may be
prescribed.

(2) Upon application duly made to him under subsection (])(a) and
upon payment of the prescribed fee. the Commissioner may grant to the
applicant a licence, conforming with section 28, to possess arms or
ammunition or both.

(3) Upon application duly made to him under subsection (1)(b),
the Commissioner may grant to the applicant a licence, conforming with
section 29, to deal in arms or ammunition or both.

(4) A licence granted under this section may be subject to such
terms and conditions as the Commissioner thinks fit.

(5) The Commissioner shall, in the prescribed form, keep a register
in respect of each type of licence granted by him under subsections (2)
and (3).

28. A licence for possession shall authorize a named individual,
subject to the terms and conditions thereof and to section 33(1), to
have in his possession for such period as is provided for in the licence

(a)the arms specified therein, and any specified quantity of
ammunition therefor; or

(b) the ammunition specified therein; or

(e) the arms and ammunition specified therein; or

(d)any one or more, as mentioned in the licence, of a number of
arms specified therein and any specified quantity of
ammunition therefor; or





(e)in the case of a watchman arms of the class or description
specified therein and any specified quantity of ammunition
therefor,

and shall otherwise be in such form as is prescribed.

29. A dealer's licence shall, subject to the terms and conditions
thereof and to section 33(1), authorize a named individual or individuals
to deal in by way of trade or business, and to have possession of for
that purpose, arms or ammunition or both or a prescribed class or
description of arms or ammunition or both at the premises, (whether
one or more) specified in the licence, and at no other, for such period as
is provided for in the licence, and shall otherwise be in such form as is
prescribed.

30. (1) Without limiting the general powers of the Commissioner
under section 27

(a)a licence for possession may be granted by the
Commissioner for the limited purpose of enabling the licensee
to remove arms or ammunition or both from Hong Kong;

(b)a licence for possession or a dealer's licence may be granted
for the limited purpose of enabling the licensee, or several
licensees jointly, to have arms or ammunition or both in his or
their possession for the purpose of conveying the same in
Hong Kong from one place, vessel, vehicle, train or aircraft to
another place, vessel, vehicle. train or aircraft.

(2) A licence for the purpose mentioned in subsection (1)(a)-

(a) shall conform with section 28 but shall in every case-

(i) be limited to authorizing the licensee to have the arms or
ammunition specified therein in his possession only to the
extent necessary for the removal of the same from Hong
Kong; and

(ii) be subject to a condition requiring the licensee, within a
time and at a place specified in the licence, to surrender the
licence to the Commissioner together with such proof as to
the removal of the arms or ammunition from Hong Kong as
the Commissioner may require; and

(b)may authorize any person by name or otherwise, in addition
to the licensee, for the purposes of paragraph (a)(i), and any
person so authorized shall be deemed to be a licensee for the
purposes of section 13, so long as he complies with the terms
and conditions of the licence.

(3) Without affecting the liability of any person under section 13, a
person who fails to comply with a condition referred to in subsection
(2)(a)(ii) commits an offence and is liable to a fine of 55,000 and to
imprisonment for 3 months.





31. (1) A licence is personal to the licensee or licensees and is not
transferable to any other person.

(2) A corporation shall not be eligible to apply for or be granted a
licence but where it wishes to obtain the benefit of section 11 (1) a
responsible officer thereof shall apply on behalf of the corporation and,
if a licence is granted by the Commissioner, it shall be expressed to be
granted to that officer on behalf of the corporation.

32. Upon application made to him in the prescribed form, and
payment of the prescribed fee, the Commissioner may renew a licence
for such period as he thinks fit, or may refuse to renew the licence.

33. (1) The Commissioner may at any time cancel a licence, and
vary or revoke any condition attached thereto or add any further
condition, and in the case of a dealer's licence may delete any premises
at which the business of dealing in arms or ammunition or both may be
carried on.

(2) The Commissioner may upon the application of a licensee and
payment of the prescribed fee make an amendment to a licence or a
condition thereof (including an amendment whereby a place of business
specified in a dealer's licence is deleted or a new place of business is
added).

34. (1) Every decision of the Commissioner whereby he refuses to
grant or renew a licence, or cancels a licence. or exercises any other
power under subsection (1) of section 33 or refuses to amend a licence
under subsection (2) thereof shall be notified in writing to the applicant
or licensee.

(2) A licensee to whom notice is given under subsection (1) shall,
subject to section 35(2), immediately surrender his licence to the
Commissioner or deliver it to him for amendment, as the case may
require.

(3) A person to whom a notice is given under subsection (1)
refusing to renew a licence or cancelling a licence shall, if so required in
the notice by the Commissioner, deliver the arms or ammunition in
question to a police officer within a period to be specified in the notice;
and to the extent that the person is in possession of the arms or
ammunition before the expiry of that period he shall be deemed not to
contravene section 13(1) or section 14(1), as the case may be.

(4) Subject to section 35(2), a person who without reasonable
excuse fails to comply with subsection (2) commits an offence and is
liable to a fine of $5,000 and to imprisonment for 3 months.

35. (1) Any person-

.(a)who is aggrieved by a decision of the Commissioner to refuse
a licence or a renewal thereof or to cancel a licence





or to exercise any power under section 33(1) or to refuse to
amend a licence under section 33(2); or

(b)to whom a licence or a renewal of a licence is granted
subject to any condition which he considers unreasonable,

may, within 14 days of receiving notice of the decision, appeal by
way of petition to the Governor in Council, who may confirm the
decision of the Commissioner or give him such directions as the
Governor in Council thinks fit.

(2) If an appeal is brought or intended to be brought under
subsection (1) the obligation under section 34(2) to surrender or
deliver a licence to the Commissioner shall not arise until-

(a)the expiry of the period of 7 days specified in subsec-
tion (1); or

(b) the appeal is disposed of,

whichever is the later.

PART V

RECORDING OF TRANSACTIONS

36. (1) A licensee who disposes of any arms or ammunition to
another person shall within 48 hours after the transaction give notice
thereof to the Commissioner in the prescribed form.

(2) A licensee who loses or destroys any arms or ammunition
or has them taken from his possession without his consent (other-
wise than by a public officer exercising any power vested in him)
shall as soon as practicable and in any event within 24 hours after he
discovers that they have been lost, destroyed or taken notify the
Commissioner thereof.

37. (1) Every dealer shall keep a register of transactions in the
prescribed form and whenever he takes possession or parts with
possession of any arms or ammunition for any purpose he shall. as
soon as practicable and in any event within 24 hours after the
completion of the transaction, record the prescribed particulars in
the said register.

(2) Every dealer shall, within 7 days of the last day of each of
January, May, August and November-

(a)record in the said register a statement of the exact quantity
and description of arms and ammunition in his possession
at the end of such month; and

(b) furnish a copy of that statement to the Commissioner.

(3) A dealer shall keep the said register at such of the premises
at which he is authorized to carry on business as the Commissioner
may approve.





(4) A person who is party to any transaction referred to in
subsection (1) shall, when requested by the dealer, furnish him with
such of the prescribed particulars as the dealer may reasonably
require for the purpose of complying with that subsection.

38. A police officer not below the rank of Sergeant, any public
officer authorized in writing by the Commissioner or a member of
the Customs and Excise Service not below the rank of Inspector may
at all reasonable times-

(a)require any person having custody or control of the
register required to be kept under section 37 to produce it
to him for inspection;

(b)require any person to give any explanation or particulars
concerning that register;

(e)enter and inspect any premises in which arms or ammuni-
tion are kept by a dealer, or are suspected to be so kept.
and examine the arms or ammunition or make an inven-
tory thereof.

39. (1) A person who falls to comply with subsection (1) or
(2) of section 36 commits an offence.

(2) A person who fails to comply with any requirement in
section 37 commits an offence.

(3) A person who knowingly makes any false or misleading
entry in the register required to be kept under section 37(1) or the
statement required to be recorded and furnished under section 37(2),
or who knowingly furnishes any false or misleading information in
purported compliance with section 37(4) or who recklessly makes
any entry or furnishes any information as aforesaid which is false in
a material particular commits an offence.

(4) A person who-

(a)fails to produce a register upon being required to do so
under section 38;

(b)fails to furnish any explanation or particulars under sec-
tion 38, so far as lies within his power to do so, or
knowingly furnishes a false explanation or false particulars
for the purposes of that section;

(c)obstructs any person in the exercise of his powers under
section 38,

commits an offence.

(5) A person who commits any ofrence referred to in this
section is liable to a fine of 510,000 and to imprisonment for 6
months.





PART VI

ENFORCEMENT

40. (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 or
member of the Customs and Excise Service-

(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;

(b) to seize and detain-
(i) any arms or ammunition or imitation firearm which
he may find and in connexion with which he has reasonable
grounds 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) If a police officer of or above the rank of Superintendent is
satisfied-

(a)that there is reasonable ground for suspecting' that an
offence under this Ordinance has been, is being, or is about
to be committed, and

(b) that-
(i) the exercise of the powers in subsection (1), or any of
them, is necessary;
(ii) there would be delay in obtaining a warrant under
subsection (1); and
(iii) the delay may defeat the purposes of the entry,
he may in writing give authority to any police officer to exercise the
said powers, or any of them; and a member of the Customs and
Excise Service of or above the rank of Superintendent may also, on
being satisfied as aforesaid, give a like authority to a member of the
Customs and Excise Service.

(3) A person authorized to exercise any power in subsection
(1) shall have authority to act under section 38.

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

(5) No person shall be searched under this section or under
section 41 except by a person of the same sex.





41. For the purposes of this Ordinance a police officer or a member
of the Customs and Excise Service may

(a)stop and search any person, and search the property of any
person, if

(i) such person is arriving in or about to depart from Hong
Kong;

(ii) the officer or member has reasonable ground for
suspecting that such person has any arms or ammunition or
imitation firearm in his possession; or

(iii) such person is found in any vessel, vehicle, train,
aircraft, premises or place in which any arms or ammunition or
imitation firearm are found; and

(b) on any such occasion, seize and detain-

(i) any arms or ammunition or imitation firearm which he
may find and in connexion with which he has reasonable
grounds 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.

42. (1) Where a police officer or a member of the Customs and
Excise Service has reasonable ground for suspecting that any arms or
ammunition or imitation firearms are in a vehicle in a public place or that
a vehicle in any place is being or is about to be used in connexion with
the commission of an offence under section 18 or 19 he may

(a)search the vehicle, and for that purpose may require the
person driving or in control of it to stop the vehicle;

(b) on any such occasion, seize and detain-

(i) any arms or ammunition or imitation firearm which he
may find and in connexion with which he has reasonable
grounds 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 police officer or a member of the Customs and Excise Service
may enter any place for the purpose of exercising any power conferred
by subsection (1).

43. Any 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 40, 41 or 42 commits an offence and is liable to a fine of
$10,000 and to imprisonment for 6 months.

44. (1) A police officer or a member of the Customs and Excise
Service may at any time seize, remove and detain any arms or





ammunition or imitation firearm if he has reason to suspect that an
offence under this Ordinance is being or has been committed in respect
thereof or that the arms or ammunition or imitation firearm have been
abandoned.

(2) Upon the conviction of any person for an offence under
sections 13 or 14 or 16 to 23 (both inclusive), the arms or ammunition or
imitation firearm in respect of which the ofrence was committed shall,
without any order in that behalf, be forfeited to the Crown and may be
disposed of as the Commissioner thinks fit (whether by destruction or
otherwise).

PART VII

MISCELLANEOUS

45. (1) The Governor in Council may, if it appears to him to be
necessary or expedient in the public interest to do so, by order
published in the Gazette require dealers

(a)to deliver up all arms and ammunition in their possession to a
police officer within a specified period; or

(b)to suspend all business whereby arms and ammunition are
sold, hired, lent or otherwise disposed of and to close all
premises where such business is carried on.

(2) An order under subsection (1) may be limited to specified
dealers or to specified classes or descriptions of dealers or of arms and
ammunition (including arms and ammunition which are not in the
opinion of a specified public officer in safe keeping).

(3) All arms and ammunition delivered up under subsection (])(a)
may be detained by the Commissioner while the order relating to them
continues in force.

(4) A dealer who fails without lawful authority or reasonable
excuse to comply with an order made under subsection (1) commits an
offence and is liable to a fine of $50,000 and to imprisonment for 2
years.

46. (1) The Commissioner may store arms, ammunition and
imitation firearms

(a)which have been seized by a public officer or found by any
person or which are otherwise in the possession of the
Commissioner, and in respect of which

(i) in the case of arms and ammunition, no person is shown
to be entitled to possession and to be the holder of a licence
under this Ordinance authorizing him to have such
possession or the person so entitled and holding such a
licence is not known, cannot be found or neglects to take
possession thereof, or





(ii) in the case of imitation firearms. no person is shown to
be entitled to possession without probable risk of a
contravention of section 20 or the person so entitled cannot
be found or neglects to take possession thereof, or

(b)which are deposited with the Commissioner by any person for
storage purposes.

(2) Subject to this section, storage fees shall be payable on arms,
ammunition or imitation firearms stored by the Commissioner in
accordance with a scale of fees from time to time prescribed by the
Financial Secretary by order in the Gazette.

(3) Different fees may be prescribed under subsection (2) for
different types or sizes of arms. ammunition or imitation firearms and the
storage of arms. ammunition or imitation firearms of any specified type,
or in any specified circumstances. may be declared to be exempt from
fees.

(4) Any fees payable under this section which remain unpaid at
the time of the forfeiture of any arms. ammunition or imitation firearm
under subsection (5) shall be deemed to have been remitted.

(5) Where any arms, ammunition or imitation firearms referred to in
subsection (1)(a) remain in the hands of the Commissioner at the expiry
of such period as may be prescribed after being taken into storage
under this section or where any fee payable under this section in
respect of any arms. ammunition or imitation firearm remains unpaid for
such period as may be prescribed, the arms or ammunition shall be
forfeited to the Crown and may be disposed of as the Commissioner
thinks fit (whether by destruction or otherwise).

(6) This section does not apply to arms and ammunition so long as
they are detained under section 45 and the order under which they are
detained continues in force.

47. Any person who makes any statement which he knows to be
false or misleading, or recklessly makes any statement which is false, in
a material particular

(a) for the purpose of section 15(1); or

(b)for the purpose of procuring, whether for himself or another,
the grant, renewal or amendment of a licence,

commits an offence and is liable to imprisonment for 2 years.

48. Any person who without lawful authority-

(a)alters, defaces or removes a serial number on any arms or
ammunition; or

(b)alters, defaces or falsfies a licence or an exemption under
section 4(3),

commits an offence and is liable to imprisonment for 2 years.





49. (1) Where a person is in possession of arms or ammunition in
breach of section 13 or deals in arms or ammunition in breach of section
14 and such breach is of a kind mentioned in subsection (2) and would
not have arisen but for the exercise of one of the powers mentioned in
that subsection. it shall be a defence to a charge under either of the said
sections if the person charged proves that

(a) (i) he was not given notice to deliver up the arms and

ammunition under section 34(3); and

(ii) he could not by the exercise of all due diligence and the
taking of all lawful measures reasonably available to him
avoid being in possession of or dealing in the arms or
ammunition in question or comply with the terms of the
licence, as the case may be; or

(b) (i) he was not given notice to deliver up the arms and

ammunition under section 34(3); and

(ii) at the material time he had brought. or intended to
bring, an appeal under section 35 against the decision: and

(iii) where an appeal had been brought, it had not been
rejected by the Governor in Council or abandoned.

(2) Subsection (1) applies where-

(a)a licence is cancelled or a renewal is refused with the result
that. after the expiry or cancellation of the licence. possession
of. or dealing in. arms or ammunition possessed by the person
before the expiry or cancellation amounts to a breach of
section 13 or 14, or

(b)a licence is amended or a condition is varied or added with the
result that. after the amendment. variation or addition. the
possession of arms or ammunition possessed by the person
before the amendment. variation or addition amounts to a
breach of section 13 or 14 because the licensee is unable to
comply with the terms and conditions of the licence.

-50. For the purposes of this Ordinance the Commissioner may in
writing authorize any public officer by name office or appointnient to
exercise and perform the powers. functions and duties conferred or
imposed upon the Commissioner by this Ordinance.

51. Any notice authorized or required to be given to any? person
under this Ordinance may be given personally to that person or sent to
him by registered post.

52. (1) The Governor in Council may make regulations for all or
an\, of the following matters
(a) regulating applications for licences and the renewal of

c

licences and matters incidental to the licensing of persons to
possess ot- deal, in arms and ammunition. including





(i) specifying the minimum age required of a person
applying for a licence;

(ii) empowering the Commissioner to require any applicant
for a licence or for the renewal of a licence and any holder of a
licence or an exemption under section 4(3) to undergo such
tests and examinations as the Commissioner thinks fit to
determine the suitability of the applicant or holder to hold a
licence or an exemption;

(iii) empowering the Commissioner to limit the number or
type of arms and ammunition to be in the possession of a
licensee; and

(iv) empowering the Commissioner to require any applicant
for a licence or an exemption under section 4(3) or for the
renewal of a licence or an exemption or any licensee or any
holder of an exemption to submit any arms or ammunition to
which the application. licence or exemption relates to the
Commissioner for inspection;

(h)prescribing forms for the purposes of this Ordinance
(including the form of registers required to be kept by
sections 27(5) and 37(1

(e)prescribing the fees to be paid in connexion with the licensing
of persons to possess and deal in arms and ammunition and
the exemption of persons under section 4;

(d)prescribing the particulars to be recorded by dealers under
section 37(1);

(e)declaring any thing which is not a weapon to which the
Weapons Ordinance applies to be

(i) ammunition in terms of paragraph (e) of the definition of
'ammunition' in section 2(1); or

(ii) arms in terms of paragraph (g) of the definition of
,,arms' in that section,

prescribing anything which is to be or may be prescribed by
regulations; and

(g)providing for the better carrying out of the purposes and
provisions of this Ordinance.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may provide penalties therefor not exceeding rig a fine of 510,000.

53. The grant of a licence or an exemption under this Ordinance in
respect of any arms or ammunition shall not affect the application of
any other Ordinance in respect of the arms or ammunition except to the
extent that the other Ordinance so provides.

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





55-56. [Have had
effect.]

57. (1) A licence which was granted to an individual under section
-3(1) or 10 of the repealed Ordinance and a removal permit which was
granted to an individual under section 7 of that Ordinance and remained
in force immediately before the commencement of this Ordinance shall
continue in force after such commencement and have effect according
to its tenor as if it were a licence granted under section 27 of this
Ordinance.

(2) An exemption which immediately before the commencement of
this Ordinance is in force under section 3(5) of the repealed Ordinance
shall continue in force after such commencement and have effect
according to its tenor as if it had been granted under section 4(3) of this
Ordinance.

(3) A licence, exemption or removal permit which was granted to or
for the benefit of

(a) an association of persons; or

(b) a corporation,

under section 3(1), 3(5), 7 or 10 of the repealed Ordinance and which
remained in force immediately before the commencement of this
Ordinance shall continue in force after such commencement and have
effect according to its tenor as if this Ordinance had not been passed

(i)for the period of 6 months from the commencement of this
Ordinance: or

(ii)where paragraph (a) applies, until a licence under section 27
in the same behalf is sooner granted in terms of section 11 (2)
or such a licence is refused; or

(iii)where paragraph (b) applies, until a licence under section 27
in the same behalf is sooner granted in terms of section 11(1)
or such a licence is refused.

(4) An exemption which immediately before the commencement of
this Ordinance is in force under section 4(6) of the repealed Ordinance
shall continue in force after such commencement and have effect
according to its tenor as if it were a licence granted under section 27 of
this Ordinance.

(5) An approval which immediately before the commencement of
this Ordinance is in force under section 18 of the repealed Ordinance
shall continue in force after such commencement and have effect
according to its tenor as if this Ordinance had not been passed

(a)for a period of 6 months from the commencement of this
Ordinance, or

(b)until a licence under section 27 in the same behalf i s sooner
granted or refused.

(6) In this section 'repealed Ordinance' means the repealed
Arms and Ammunition Ordinance.





SCHEDULE [ss. 17(2), 20(2) 54.]
PROVISIONS TO WHICH SECTIONS 17(2) AND 20(2) APPLY

OrdinanceSections (with general indication
of contents shown in brackets)

1. Crimes Ordinance 60(1)and 60(2) (destroying of damaging property)

61 (threats to destroy or damage property)
62 (possessing anything with intent to destroy or
damage property)
118 (rape)
119 (procurement of woman by threats)
122 (indecent assault on a woman)
126 (abduction of unmarried girl under 16)
127 (abduction of unmarried girl under 18 for
sexual intercourse)
128 (abduction of defective from parent or
guardian for sexual intercourse)
130 (control over woman for purpose of unlawful
sexual intercourse or prostitution)
134 (detention of woman for intercourse or in vice
establishment)
146 (indecent conduct towards child under 14)
2. Theft Ordinance 9 (theft)
10 (robbery)
11 (burglary)
12 (aggravated burglary)
14 (taking conveyance without authority)
23 (blackmail)
27 (going equipped for stealing. etc.)
3. Offences against 19 (wounding or inflicting grievous bodily harm)

the Person 20............(attempting to choke. etc in order to commit

Ordinance indictable offence)
21 (using chloroform, etc., in order to commit
indictable ofrence)
30 (placing gunpowder near building, etc., with
intent to do bodily injury)

32(1)(placing wood, etc., on a railway with intent
to endanger passengers)

32(2)(casting stone, etc., upon a railway carriage
with intent to endanger the safety of any
person therein)

32(3) (doing or omitting anything endangering

passenger on railway)
36 (assault with intent to commit felony, or on a
police officer or with intent to resist arrest)
39 (assault occasioning actual bodily harm)
40 (common assault)
43 (stealing or harbouring child under 14 years)
4. Protection of 26 (abduction of female infant or any young
Women and person or child)
Juveniles
Ordinance
5. Summary Offiences 17 (possession of offensive weapon, etc., with
Ordinance intent)
22 (falsely pretending to be or to be able to
influence a public officer)
6. Prisons Ordinance 17 (escaping or aiding escape from prison or legal






custody)
7. Public Order 18 (unlawful assembly)
Ordinance
Originally 68 of 1981. L.N. 283/81. Short title. Interpretation. (Cap. 59.) (Cap. 59.) 1968 c. 27, s. 57(1). (Cap. 299.) [cf. S. 2 New Zealand Arms Act 1958.] (Cap. 1.) Possession on behalf of the Crown etc. Possession by exempted person. Possession for the protection of life or property on vessels. (Cap. 313.) (Cap. 281.) Possession of arms or ammunition carried on aircraft. Possession on ship or aircraft of foreign state. Possession of arms and ammunition in transit. Possession for purposes of export. Possession of cartridges for fixing tools. (Cap. 59.) Possession by corporations, associations of persons, and members thereof. Possession for purposes of instruction. Possession of arms or ammunition without licence. Dealing in arms or ammunition without a licence. 1968 c. 27, s. 3(1). Giving possession of arms or ammunition to unlicensed person and obtaining possession by false pretences. Possession of arms or ammunition with intent to endanger life. 1968 c. 27, s. 16. Resisting arrest with or committing offence while in possession of arms or ammunition or imitation firearm. 1968 c. 27, s. 17. Schedule. Carrying arms or ammunition or imitation firearm with criminal intent. 1968 c. 27, s. 18. Trespassing with arms or ammunition or imitation firearm. 1968 c. 27, s. 20. Possession of an imitation firearm. Schedule. Converting imitation firearm into a firearm. 1968 c. 27, s. 4(3). Dangerous or reckless use of firearm etc. [cf. S. 16(2A) New Zealand Arms Act 1958.] Failure to comply with terms and conditions of licence, etc. Presumptions relating to possession of arms, ammunition and imitation firearms. [cf. s. 47, Cap. 134.] (Cap. 26.) Proof of allegation under section 17, 18, 19 or 20. Evidence of muzzle energy of air weapons. Licences in respect of arms and ammunition. Effect of licence for possession. Effect of dealer's licence. Licences for conveying arms and ammunition or removal thereof from Hong Kong. Licences not transferable and not to be granted to corporation. Renewal of licences. Cancellation etc. of licence. Applicant or licensee to be notified of decision of Commissioner. Appeals. Commissioner to be notified of transactions etc. Dealers to record particulars of all transactions. Inspection of register or of arms and ammunition. Offences under this Part. Entry and search of premises and persons. [cf. 1968 c. 27, s. 46(1).] Power to stop and search. [cf. 1968 c. 27, s. 47(1) & (3) and s. 52, Cap. 134.] Power to search vehicles. 1968 c. 27, s. 47(4). Obstruction. Seizure and forfeiture. Governor in Council may order delivery up of arms etc. and suspension of dealing. Storage of arms, ammunition and imitation firearms by Commissioner. False statements. Interference with serial numbers or licences. Defence of exercising due diligence in certain cases. Delegation by Commissioner. Service of notices. Regulations. (Cap. 217.) Licence or exemption not to affect application of other Ordinances. Amendment of Schedule. Transitional provisions. (Cap. 238, 1964 Ed.) (Cap. 200.) (Cap. 210.) (Cap. 212.) (Cap. 213.) (Cap. 228.) (Cap. 234.) (Cap. 245.)

Originally 68 of 1981. L.N. 283/81. Short title. Interpretation. (Cap. 59.) (Cap. 59.) 1968 c. 27, s. 57(1). (Cap. 299.) [cf. S. 2 New Zealand Arms Act 1958.] (Cap. 1.) Possession on behalf of the Crown etc. Possession by exempted person. Possession for the protection of life or property on vessels. (Cap. 313.) (Cap. 281.) Possession of arms or ammunition carried on aircraft. Possession on ship or aircraft of foreign state. Possession of arms and ammunition in transit. Possession for purposes of export. Possession of cartridges for fixing tools. (Cap. 59.) Possession by corporations, associations of persons, and members thereof. Possession for purposes of instruction. Possession of arms or ammunition without licence. Dealing in arms or ammunition without a licence. 1968 c. 27, s. 3(1). Giving possession of arms or ammunition to unlicensed person and obtaining possession by false pretences. Possession of arms or ammunition with intent to endanger life. 1968 c. 27, s. 16. Resisting arrest with or committing offence while in possession of arms or ammunition or imitation firearm. 1968 c. 27, s. 17. Schedule. Carrying arms or ammunition or imitation firearm with criminal intent. 1968 c. 27, s. 18. Trespassing with arms or ammunition or imitation firearm. 1968 c. 27, s. 20. Possession of an imitation firearm. Schedule. Converting imitation firearm into a firearm. 1968 c. 27, s. 4(3). Dangerous or reckless use of firearm etc. [cf. S. 16(2A) New Zealand Arms Act 1958.] Failure to comply with terms and conditions of licence, etc. Presumptions relating to possession of arms, ammunition and imitation firearms. [cf. s. 47, Cap. 134.] (Cap. 26.) Proof of allegation under section 17, 18, 19 or 20. Evidence of muzzle energy of air weapons. Licences in respect of arms and ammunition. Effect of licence for possession. Effect of dealer's licence. Licences for conveying arms and ammunition or removal thereof from Hong Kong. Licences not transferable and not to be granted to corporation. Renewal of licences. Cancellation etc. of licence. Applicant or licensee to be notified of decision of Commissioner. Appeals. Commissioner to be notified of transactions etc. Dealers to record particulars of all transactions. Inspection of register or of arms and ammunition. Offences under this Part. Entry and search of premises and persons. [cf. 1968 c. 27, s. 46(1).] Power to stop and search. [cf. 1968 c. 27, s. 47(1) & (3) and s. 52, Cap. 134.] Power to search vehicles. 1968 c. 27, s. 47(4). Obstruction. Seizure and forfeiture. Governor in Council may order delivery up of arms etc. and suspension of dealing. Storage of arms, ammunition and imitation firearms by Commissioner. False statements. Interference with serial numbers or licences. Defence of exercising due diligence in certain cases. Delegation by Commissioner. Service of notices. Regulations. (Cap. 217.) Licence or exemption not to affect application of other Ordinances. Amendment of Schedule. Transitional provisions. (Cap. 238, 1964 Ed.) (Cap. 200.) (Cap. 210.) (Cap. 212.) (Cap. 213.) (Cap. 228.) (Cap. 234.) (Cap. 245.)

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