ARMS AND AMMUNITION ORDINANCE, 1900
Title
ARMS AND AMMUNITION ORDINANCE, 1900
Description
ORDINANCE NO. 2 OF 1900.
Arms and Ammunition
AN ORDINANCE to consolidate and amend the laws relating
to the carriage, movement, and possession of arms and ammunition.
[12th april, 1900]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the arms and ammunition
ordinance, 1900.
2 in this ordinance, unless the context otherwise requires,-
'arms' include any cannon, gun, revolver, pistol, and any description
of firearms, and any sword, cutlass, spear, pike, bayonet,
dagger, fighting-iron, or other deadly weapon, also any part of any
arms so defined:
'vessel' includes any ship or boat or any other description of
vessel used in navigation:
'junk' includes 'lorcha':
'ammunition' menas anyu shell, cartridge, cartridge case, bullet,
shot, percussion cap, or priming cap, and alsoany article which may
be declared, by any regulation made by the governor-in-council
and published in the gazette, to be ammunition:
'to carry,' as applied to arms or ammunition, means to carry on
the person, but does not include the transport or conveyance of such
arms or ammunition from one place to another in the colony in the
ordinanry course of business for storage or other business purposes:
'to move' or 'to remove,' as applied to arms or ammunition,
includes every kind of movement, transport, or conveyance of such
arms and ammunition not included in the meaning of the expression
'to carry':
'importer' includes every person, whether a commission agent or
otherwise, to whom, or to whose order, arms or ammunition landed
in the colony are or is consigned: provided that this definition shall
not apply in the case of arms or ammunition consigned to any
officer in her majesty's service for the use of her majesty's naval
or military forces, imperial or colonial:
'exempted person' means and includes any person in the naval,
military, or civil services of the crown, and any officer of any
foreign government, and any officer or volunteer as defined by the Volunteer Ordinance,1893,or by any Ordinance amending or
substituted for the same,and any Justice of the Peace ,special
juror,member of the Legislative Council,or other person exempted
by Oridnance from serving on a jury on account of his avocation or
profession,and any member of the Police Force and any district
watchman:
Arms or ammunition on the body,or in the custody or under the
control,of any person shall be deemed to be in his 'possession.'
3.-(1.)The Captain Superintendent of Police may from time to
time,in his discretion,grant to any person a licence either to carry arms
and ammunition,or to have arms and ammunition in his possession,or
to do both,subject to such conditions as the Captain Superintendent of
Police may deem fit.
(2.)Unless in any particular case the Captain Superintendent 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 and ammunition which it covers:Provided,neverthe-
less,that an appeal shall lie from any refusal by the Captain Superinten-
dent of Police to grant any licence under this section to the Governor-in-
Council,who shall have power to confirm or reverse such refusal.
4.No person who has not a licence from the Captain Superintendent
of Police for the purpose shall either carry any arms or ammunition or
have any arms or ammunition in his possession in his Colony:Provided
that this prohibition shall not extend to any exempted person,as defined
by this Ordinance:Provided,also,that this prohibition shall not board
such arms and ammunition as are reasonably necessary for the protection
of such vessel,and provided that,in the case of every junk or other
Chinese vessel,such arms and ammunition shall be described and enu-
merated in the licence or clearance issued by the Harbour Master:Pro-
vided,also,that this prohibition shall not apply to arms or ammunition
consigned to a port other than this Colony and in transitu and on board
manifest of such vessel,or to arms or ammunition so consigned in course of
transshipment in unbroken packages from one vessel to another,if notice
of such transshipment has been sent to the Captain Superintendent of
Police,or to ammunition which ,having been imported into the Colony,
is in the course of transshipment to the Government Gunpowder Depot
or is being exported from the Colony direct from such Depot under
a delivery order issued by the Harbour Master,or to arms and
ammunition for the use of Her Majesty's Forces:Provided,also,that where arms or ammunition,the property of a duly licensed or an ex-
empted person,are or is carried by or are is found in the possession of
an agent or servant of such person,under boan fide instructions from such
person so to carry or possess the same for him and on his behalf tem-
porarily for any lawful purpose,such carriage or possession by the agent
or servant shall be deemed carriage or possession by the licensed or ex-
empted 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,or unless he is an
exempted person;or
(b.)for export from the Colony,unless the vendor has obtained
from the Captain Superintendent of Police an export permit,which
may be in the Form No.2 in the First Schedule to this Ordi-
nance,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 from the
Colony firect 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 the licence of the Captain Superintendent of
Police 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 of such permit.
(3.)An application for such permit shall be in Form No.1 in the
said First Schedule,and shall be made out in Chinese as well as in Eng-
lish in a case where the applicant is a Chinaman,and shall be signed by
the vemdor of the said arms or ammunition and filed by him with the
Captain Superintendent of Police.No fee shall be payable in respect of
filing such applicationor granting such permit.
6.Every person who obtains an export permit for any arms or ammu-
nition under this Ordinance shall,when the whole of the arms or ammu-
nition or arms and ammunition specified in such export permit exceed
twenty-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 ammunition
specified in such permit,and shall return such receipt,together with the
export permit,to the person and at the time and place named in such
permit.
7.No person shall move or cause to be moved any arms or ammu-
nition 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 the Form
No.3 in the First Schedule to this Ordinance,from the Captain Super-
intendent of Police:Provided that this prohibition shall not apply to
arms or ammunition belonging to or for the use of Her Majesty's
Forces or belonging to the Colonial Government or to arms or ammuni-
tion which are the private property of an exempted person or person
licensed to possess the same and for his own personal use;but the onus
of proving that such arms or ammunition are or is his private property and
for his own personal use shall lie on such person:Provided,also,that
his prohibition shall not apply to arms or ammunition consigned to a
port other than this Colony and in transitu and on board of any vessel
as bona fide cargo and which have been entered on the manifest of such
vessel,or to arms or ammunition so consigned in course of transshipment
in unbroken packages from one vessel to another,if notice of such trans-
shipment has been given to the Captain Superintendent of Police,or to
ammunition which,having been imported into the Colony,is in the
course of transshipment to the Government Gunpowder Depot,or 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 required
by section 4.
8.Subject to the provisos contained in section 4,if any arms or am-
munition are or is found on board of any steam-launch or on board or any
junk or other Chinese vessel,and the person in charge,or appearing or
acting as the master or as in charge,of such launch,junk,or vessel does
not produce a valid authority under this Ordinance or any Ordinance
hereby repealed authorizing him or some other person or persons on
board of such launch,junk,or vessel to carry or have in his possession
such arms or ammunition ,such person and all other persons,not being
exempted persons,on board of such launch,junk,or vessel shall be
deemed to have possession of such arms or ammunition in contravention
of this Ordinance,and shall be liable to the punishment prescribed by
section 28:Provided that every person proceeded against under this
section shall be a competent but not compellable witness,and that no
person shall be liable to any punishment under this section if it is
proved,to the satisfaction of the Magistrate,that he was not the person
in charge,but was on board as a bona fide passenger or member of the
crew and was neither a party to nor aware of the presence of any such
arms or ammunition on board.
9.Any person carrying or having in his possession or moving,or
reasonable suspected of carrying or having in his possession or moving,
any arms or ammunition in contravention of this Ordinance may be arrested without a warrant by any Police officer or constable ,and shall
be conveyed as soon as may be to a Police Station,to be dealt with accord-
ing to law.
10.-(1.)Every importer of,dealer in,or vendor of arms or ammu-
nition shall take out a licence annually from the Captain Superintendent
of Police ,and shall register his name and place of business for the time
being and any godown,warehouse,or other place in which he stores or
intends to store arms or ammunition at the Office of the Captain Super-
intendent of Police.Any importer of,dealer in,or vendor of arms or
ammunition who does not take out such licence as aforesaid or does not
register as aforesaid shall,on summary conviction,before a Magistrate,be
liable to a penalty not exceeding one thousand dollars or to imprisonment,
with or without hard labour,for any term not exceeding three months.
(2.)From and after the commencement of this Ordinancem,the fee
payable for any such licence as aforesaid shall be hat mentioned in the
Second Schedule to this Ordinance.
(3.)It shall,however,be lawful for the Captain Superintendent of
Police,for any cause which he may think fit,to refuse to grant a licence
to import,or deal in,or sell arms and ammunition ,or arms only,or ammu-
nition only to any applicant for a licence,and it shall also be lawful for the
Caotain Superintendent of Police to cancel any such cancellation,it shall not be
lawful,unless such canellation is reversed,for the person named in such
licence to import,or deal in,or sell arms or ammunition:Provided,
nevertheless,that an appeal shall lie in respect of any such refusal or
cancellation by the Captain Superintendent of Police to the Governor-in-
Council,who shall have power to confirm or reverse such refusal or
cancellation:Provided,also,that,in the event of such cancellation,the
holder of the cancelled licence may receive back from the Government,if
the Governor-in-Council thinks fit,a proportionate part of the licence fee
in respect of the unexpired portion of the term of such licence.
11.No arms or ammunition shall,without the special written per-
mission 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
or places other than in the place or places registered by him for that
purpose.
12.Every importer of,or dealer in,or vendor of arms or ammunition
shall keep a book,to be called the 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 sixth day of the months 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 of arms
or ammunition,the particulars of the arms or ammunition sold,the date
of the sale,and the number and date of the licence presented in every case
where such arms or ammunition are or is sold for use within the Colony,or,
where such arms or ammunition are or is sold for export from the Colony,
the date of the export permit granted by the Captain Superintendent
of Police,the name of the vessel by which such purchaser stated that he
intended to export such arms or ammunition,and the port of destination
of such arms or ammunition which was specified by such purchaser.
14.Every importer of,or dealer in,or vendor of arms or ammunition
shall be bound,whenever thereunto required by the Captain Super-
intendent of Police or any Inspector of Police,or by any other member
of the Police Force bearing a written order in that behalf from the
said Captain Superintendent,to produce the stock-book and the book of
sales which he is required to keep under sections 12 and 13,for the in-
spection 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 it appears to a Magistrate,upon the oath of any
person ,that there is reasonable cause to suspect that any person has
either furnished a false or incorrect return of arms or ammunition,or has
failed or refused to make a return,or has either not kept the books
which he is required to keep under sections 12 and 13 or else has kept
such books in a false or incorrect manner,the Magistrate may,if he
thinks fit,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 or is alleged to be
kept or stored,and any Police officer to whom thesaid 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 or persons and such arms and ammunition to
be conveyed before a Magistrate.
(2.)Every person who is convicted of failing or refusing to make a
return of arms or ammunition shall be liable to the punishment pre-
scribed by section 28,and any arms or ammunition found upon his
premises may,if the Magistrate thinks fit,be forfeited to the Crown;
and evrey person who is convicted of furnishing a false or incorrect
return of arms or ammunition,or of either not keeping the said books
or else of keeping the said books in a false or incorrect manner,shall
be liable to the same punishment and to the same forfeiture of arms and
ammunition,and shall also,in addition thereto,be liable to a penalty
not exceeding ten dollars in respect of every arm which was,at the date
referred to in such return or books,in excess of or below the quantity
specified in such return or books.
16.Every purchaser of arms or ammunition who knowingly furnishes
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,on summary
conviction before a Magistrate,be liable to the punishment prescribed by
section 28.
17.No arms or ammunition shall be imported into the Colony 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 Her Majesty or of any
foreign nation) having on board as cargo any arms or ammunition,
whether in transitu or for transshipment or otherwise,shall,on arrival,
forthwith furnish to the Harbour Master a manifest of all such arms
and ammunition.
18.All arms not consigned to or to the order of any person licensed
as an importer of,or dealer in,or vendor of arms,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
in the Colony prior to transshipment,be stored only in such godowns or
place as may be approved in writing by the Captain Superintendent of
Police:Provided that this enactment shall not apply in the case of arms
or ammunition consigned to any officer in Her Majesty's service,for the
ise of Her Majesty's Naval or Military Forces,Imperial or Colonial.
19.-(1.)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 on value,unles such arms or ammunition
are or is enclosed in secure wooden boxes and distinctly marked or
labelled with the words 'arms' or 'ammunition,' as the case may be,
in the English or Chinese language:Provided that this prohibition
shall not apply to arms or ammunition- (a.)belonging to or for the use of Her Majesty's Forces or
belonging to the Colonial Government;or
(b.)which are or is 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 or is being landed direct from the vessel in which
they or it were or was imported to premises registered under this
Ordinance.
(2.)Nor shall this prohibition apply to ammunition which has been
imported into the Colony and is in course of transshipment to the
Government Gunpowder Depot,or is being exported from the Colony
direct from such Depot under a delivery order issued by the Harbour
Master.
20.It shall be lawful for any member of the Police Force 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 ammunition.
21.Whenever it appears to a Magistrate,upon the oath of any person,
that there is reasonable cause to suspect that any arms or ammunition are
or is in any building,vessel(not being a ship or war or ship having the
status of a ship or war),or place,in contravention of this Oridnance,such
Magistrate may,by warrant directed to any member of the Police Force,
empower such member,witrh such assistants as may be necessary,by day
or at 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 Magistrate;and
(2.)to arrest any person or persons who may appear to have such
arms or ammunition in his or their possession,custody,or control.
22.-(1.)Whenever any vessel (not being a ship of war or ship
having the status of a ship or 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 vause 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 casesmboxes,or other receptacles wherein any arms or
ammunition are or is or may be reasonably expected to be concealed.
(2.)Every person who is in possession of such arms or ammunition
may be arrested forthwith by the master or any other officer of the
vessel,and,unless such person satisfactorily accounts for such arms or ammunition,he shall ,on summary conviction before a Magistrate,be
liable to the punishment prescribed by section 28.
23.Every person who obstructs,hinders,or resists in ob-
structing,hindering,or resisting,any search or arrest authorized by this
Ordinance shall,on summary conviction before a Magistrate,be liable
to a penalty not exceeding one hundred dollars or to imprisonment,with
or without hard labour,for any term not exceeding three months,in
addition to any other penalty or imprisonment to which he may be liable
be law or under this Ordinance.
24.The Governor may establish a central store or magazine for the
safe keeping and storing of all arms and ammunition,and notice shall
be given in The Gazette of such selection and of the situation of the said
store or magazine.
25.-(1.)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,to order the removal to the said
central store of all arms and ammunition in the possession of any im-
porters of ,or dealers in,or vendors of arms,or of such arms and
ammunition only as,in the opinion of the Governor-in-Councuil,are or is
not in safe keeping or custody,or to order the closing of all arms shops or
stores and the suspension of the sale of all arms and ammunition suring
the continuance of such proclamation as aforesaid.
(2.)Any order made under this section forthwith be published
in The Gazette.
26.Every person who refuses,after the publication of any such order,
to deliver up any arms or ammunition,the removal of which to the
said central store has been ordered under the provisions of the last
preceding secyion,and every perosn who omits or refuses otherwise to
comply with any order published as aforesaid,shall,on summary con-
viction before a Magistrate,be liable to a penalty not exceeding five
hundred dollars or to imprisonment,with or without hard labour,for
any term not exceeding six months.
27.-(1.)The Governor-in-Council may from time to time make any
regulations necessary for carrying out this Oridnance,and may revoke,
alter,or add to the forms in the First Schedule to this Oridnance.
(2.)Such regulations and forms shall have the force of law when
published in The Gazette and shall have the same effect as if they were
incorporated in this Ordinance.
28.Except when any order penalty is specially provided by this
Ordinance,every person who commits any breach or infringment or contravention of any of the provisions of this Ordinance or of any regu-
lation made thereunder,or fails to perform any futy imposed upon him
by this Oridnance or by any such regulation,shall for every such offence,
on summary conviction before a Magistrate,be liable to a penalty not
exceeding two hundred and fifty dollars,and,in default of payment
thereof,the Magistrate may order that the offender be imprisoned,with
or without hard labour,for any term not exceeding three months,unless
the penalty is sooner paid.
29.Any arms or ammunition in connexion with which an offence has
been committed under this Oridnance may,if a Magistrate thinks fit,be
forfeited to the Crown.
30.Any arms or ammunition which are or is 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 a Magistrate,if he thinks fit,to be forfeited to the Crown.
SCHEDULES.
THE FIRST SHCEUDLE.
FORMS.
FORM No.1.
Application for Export Permit.
HONGKONG.
THE ARMS AND AMMUNITION ORDINANCE ,1900,(SECTION 5.)
APPLICATION FOR EXPORT PERMIT.
To the Captain Superintendent of Police.
Please issue a permit for the export of the undermentioned Arms and
Ammunition now stored at Street,to be shipped on board the
named the at present ar anchor at
and about to proceed to.
The period for which this permit is desired is days,and it will
be returned,together with the master's 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 pf 19.
[Particulars of Arms and Ammunition.]
Dated the day of 19.
(Signed.)
Licensed Dealer in Arms.
[or as the case may be.] FORM No.2.
Export Permit.
HONGKONG.
THE ARMS AND AMMUNITION ORDINANCE,1900,(SECTION 5.)
EXPORT PERMIT.
The bearer is hereby authorized to export by the named the
at present anchored at the undermentioned Arms
and Ammunition:-
[Particulars of Arms and Ammunition.]
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.
Removal Permit.
HONGKONG.
THE ARMS AND AMMUNTION ORDINANCE,1900,(SECTION 7.)
REMOVAL PERMIT.
The bearer is hereby authorized to remove from to
the undermentioned Arms and Ammunition,between the hours of and
on the day of 19.
This permit must be returned to [person] at [place] before o'clock in
the noon of the day of 19.
Dated the day of 19.
(Signed.)
Captain Superintendent of Police.
THE SECOND SCHEDULE.
TABLE OF FEES.
1.Fee payable for a Licence to an importer of,or
dealer in,or vendor of arms or ammunition }$1,200 per ammun,
payable in advance.
2.Fee where a retail business only is carried on in
firearms and ammunition for sporting purposes only}$10 per annum,pay-
able in advance. A.D. 1900. Ordinance No. 9 of 1900, with Ordinance No. 35 of 1900 incorporated. Short title. Interpretation of terms. No. 4 of 1893. See Ordinance No. 7 of 1887. Granting of licence to carry or possess arms and ammunition. Prohibition of unexempted person carrying or possessing arms or ammunition without licence. Conditions to be observed on sale of arms or ammunition for use in the Colony or for export. First Schedule: Form No. 2; Form No. 1. Exporter of arms or ammunition to obtain mate's receipt. Prohibition of moving arms or ammuni- tion without permit. First Schedule: Form No. 3. Penalty for arms or ammunition found on vessel without licence. Repealing section not printed. Arrest without warrant of person carrying. arms, etc., or having them in his possession. Taking out of annual and registration by importer, etc., of arms or ammunition. Second Schedule. Arms or ammunition to be stored only in registered place. Keeping of stock-book and making of quarterly returns. Keeping of book of sales. Obligation to produce books to Police, if requested. Issue of search warrant in certain cases, and punishment for certain offences. Punishment of purchaser furnishing false information for registration. Prohibition of importation of arms and ammunition except at Port of Victoria. Storage of arms 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 waters of the Colony. Penalty for obstructing authorized search or arrest. Power to establish central store for arms and ammunition. Power to order removal to central store of all arms and ammunition and to close arms shops, etc. No. 10 of 1886. Penalty for refusing to deliver up arms or ammunition. Making of regulations, etc. First Schedule. Penalty for breach of the Ordinance or of regulation. Forfeiture of arms or ammunition connected with offence. Forfeiture of arms or ammunition without apparent owner. Section 27. Section 5 Section 5. Section 7. Section 10.
Arms and Ammunition
AN ORDINANCE to consolidate and amend the laws relating
to the carriage, movement, and possession of arms and ammunition.
[12th april, 1900]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the arms and ammunition
ordinance, 1900.
2 in this ordinance, unless the context otherwise requires,-
'arms' include any cannon, gun, revolver, pistol, and any description
of firearms, and any sword, cutlass, spear, pike, bayonet,
dagger, fighting-iron, or other deadly weapon, also any part of any
arms so defined:
'vessel' includes any ship or boat or any other description of
vessel used in navigation:
'junk' includes 'lorcha':
'ammunition' menas anyu shell, cartridge, cartridge case, bullet,
shot, percussion cap, or priming cap, and alsoany article which may
be declared, by any regulation made by the governor-in-council
and published in the gazette, to be ammunition:
'to carry,' as applied to arms or ammunition, means to carry on
the person, but does not include the transport or conveyance of such
arms or ammunition from one place to another in the colony in the
ordinanry course of business for storage or other business purposes:
'to move' or 'to remove,' as applied to arms or ammunition,
includes every kind of movement, transport, or conveyance of such
arms and ammunition not included in the meaning of the expression
'to carry':
'importer' includes every person, whether a commission agent or
otherwise, to whom, or to whose order, arms or ammunition landed
in the colony are or is consigned: provided that this definition shall
not apply in the case of arms or ammunition consigned to any
officer in her majesty's service for the use of her majesty's naval
or military forces, imperial or colonial:
'exempted person' means and includes any person in the naval,
military, or civil services of the crown, and any officer of any
foreign government, and any officer or volunteer as defined by the Volunteer Ordinance,1893,or by any Ordinance amending or
substituted for the same,and any Justice of the Peace ,special
juror,member of the Legislative Council,or other person exempted
by Oridnance from serving on a jury on account of his avocation or
profession,and any member of the Police Force and any district
watchman:
Arms or ammunition on the body,or in the custody or under the
control,of any person shall be deemed to be in his 'possession.'
3.-(1.)The Captain Superintendent of Police may from time to
time,in his discretion,grant to any person a licence either to carry arms
and ammunition,or to have arms and ammunition in his possession,or
to do both,subject to such conditions as the Captain Superintendent of
Police may deem fit.
(2.)Unless in any particular case the Captain Superintendent 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 and ammunition which it covers:Provided,neverthe-
less,that an appeal shall lie from any refusal by the Captain Superinten-
dent of Police to grant any licence under this section to the Governor-in-
Council,who shall have power to confirm or reverse such refusal.
4.No person who has not a licence from the Captain Superintendent
of Police for the purpose shall either carry any arms or ammunition or
have any arms or ammunition in his possession in his Colony:Provided
that this prohibition shall not extend to any exempted person,as defined
by this Ordinance:Provided,also,that this prohibition shall not board
such arms and ammunition as are reasonably necessary for the protection
of such vessel,and provided that,in the case of every junk or other
Chinese vessel,such arms and ammunition shall be described and enu-
merated in the licence or clearance issued by the Harbour Master:Pro-
vided,also,that this prohibition shall not apply to arms or ammunition
consigned to a port other than this Colony and in transitu and on board
manifest of such vessel,or to arms or ammunition so consigned in course of
transshipment in unbroken packages from one vessel to another,if notice
of such transshipment has been sent to the Captain Superintendent of
Police,or to ammunition which ,having been imported into the Colony,
is in the course of transshipment to the Government Gunpowder Depot
or is being exported from the Colony direct from such Depot under
a delivery order issued by the Harbour Master,or to arms and
ammunition for the use of Her Majesty's Forces:Provided,also,that where arms or ammunition,the property of a duly licensed or an ex-
empted person,are or is carried by or are is found in the possession of
an agent or servant of such person,under boan fide instructions from such
person so to carry or possess the same for him and on his behalf tem-
porarily for any lawful purpose,such carriage or possession by the agent
or servant shall be deemed carriage or possession by the licensed or ex-
empted 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,or unless he is an
exempted person;or
(b.)for export from the Colony,unless the vendor has obtained
from the Captain Superintendent of Police an export permit,which
may be in the Form No.2 in the First Schedule to this Ordi-
nance,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 from the
Colony firect 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 the licence of the Captain Superintendent of
Police 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 of such permit.
(3.)An application for such permit shall be in Form No.1 in the
said First Schedule,and shall be made out in Chinese as well as in Eng-
lish in a case where the applicant is a Chinaman,and shall be signed by
the vemdor of the said arms or ammunition and filed by him with the
Captain Superintendent of Police.No fee shall be payable in respect of
filing such applicationor granting such permit.
6.Every person who obtains an export permit for any arms or ammu-
nition under this Ordinance shall,when the whole of the arms or ammu-
nition or arms and ammunition specified in such export permit exceed
twenty-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 ammunition
specified in such permit,and shall return such receipt,together with the
export permit,to the person and at the time and place named in such
permit.
7.No person shall move or cause to be moved any arms or ammu-
nition 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 the Form
No.3 in the First Schedule to this Ordinance,from the Captain Super-
intendent of Police:Provided that this prohibition shall not apply to
arms or ammunition belonging to or for the use of Her Majesty's
Forces or belonging to the Colonial Government or to arms or ammuni-
tion which are the private property of an exempted person or person
licensed to possess the same and for his own personal use;but the onus
of proving that such arms or ammunition are or is his private property and
for his own personal use shall lie on such person:Provided,also,that
his prohibition shall not apply to arms or ammunition consigned to a
port other than this Colony and in transitu and on board of any vessel
as bona fide cargo and which have been entered on the manifest of such
vessel,or to arms or ammunition so consigned in course of transshipment
in unbroken packages from one vessel to another,if notice of such trans-
shipment has been given to the Captain Superintendent of Police,or to
ammunition which,having been imported into the Colony,is in the
course of transshipment to the Government Gunpowder Depot,or 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 required
by section 4.
8.Subject to the provisos contained in section 4,if any arms or am-
munition are or is found on board of any steam-launch or on board or any
junk or other Chinese vessel,and the person in charge,or appearing or
acting as the master or as in charge,of such launch,junk,or vessel does
not produce a valid authority under this Ordinance or any Ordinance
hereby repealed authorizing him or some other person or persons on
board of such launch,junk,or vessel to carry or have in his possession
such arms or ammunition ,such person and all other persons,not being
exempted persons,on board of such launch,junk,or vessel shall be
deemed to have possession of such arms or ammunition in contravention
of this Ordinance,and shall be liable to the punishment prescribed by
section 28:Provided that every person proceeded against under this
section shall be a competent but not compellable witness,and that no
person shall be liable to any punishment under this section if it is
proved,to the satisfaction of the Magistrate,that he was not the person
in charge,but was on board as a bona fide passenger or member of the
crew and was neither a party to nor aware of the presence of any such
arms or ammunition on board.
9.Any person carrying or having in his possession or moving,or
reasonable suspected of carrying or having in his possession or moving,
any arms or ammunition in contravention of this Ordinance may be arrested without a warrant by any Police officer or constable ,and shall
be conveyed as soon as may be to a Police Station,to be dealt with accord-
ing to law.
10.-(1.)Every importer of,dealer in,or vendor of arms or ammu-
nition shall take out a licence annually from the Captain Superintendent
of Police ,and shall register his name and place of business for the time
being and any godown,warehouse,or other place in which he stores or
intends to store arms or ammunition at the Office of the Captain Super-
intendent of Police.Any importer of,dealer in,or vendor of arms or
ammunition who does not take out such licence as aforesaid or does not
register as aforesaid shall,on summary conviction,before a Magistrate,be
liable to a penalty not exceeding one thousand dollars or to imprisonment,
with or without hard labour,for any term not exceeding three months.
(2.)From and after the commencement of this Ordinancem,the fee
payable for any such licence as aforesaid shall be hat mentioned in the
Second Schedule to this Ordinance.
(3.)It shall,however,be lawful for the Captain Superintendent of
Police,for any cause which he may think fit,to refuse to grant a licence
to import,or deal in,or sell arms and ammunition ,or arms only,or ammu-
nition only to any applicant for a licence,and it shall also be lawful for the
Caotain Superintendent of Police to cancel any such cancellation,it shall not be
lawful,unless such canellation is reversed,for the person named in such
licence to import,or deal in,or sell arms or ammunition:Provided,
nevertheless,that an appeal shall lie in respect of any such refusal or
cancellation by the Captain Superintendent of Police to the Governor-in-
Council,who shall have power to confirm or reverse such refusal or
cancellation:Provided,also,that,in the event of such cancellation,the
holder of the cancelled licence may receive back from the Government,if
the Governor-in-Council thinks fit,a proportionate part of the licence fee
in respect of the unexpired portion of the term of such licence.
11.No arms or ammunition shall,without the special written per-
mission 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
or places other than in the place or places registered by him for that
purpose.
12.Every importer of,or dealer in,or vendor of arms or ammunition
shall keep a book,to be called the 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 sixth day of the months 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 of arms
or ammunition,the particulars of the arms or ammunition sold,the date
of the sale,and the number and date of the licence presented in every case
where such arms or ammunition are or is sold for use within the Colony,or,
where such arms or ammunition are or is sold for export from the Colony,
the date of the export permit granted by the Captain Superintendent
of Police,the name of the vessel by which such purchaser stated that he
intended to export such arms or ammunition,and the port of destination
of such arms or ammunition which was specified by such purchaser.
14.Every importer of,or dealer in,or vendor of arms or ammunition
shall be bound,whenever thereunto required by the Captain Super-
intendent of Police or any Inspector of Police,or by any other member
of the Police Force bearing a written order in that behalf from the
said Captain Superintendent,to produce the stock-book and the book of
sales which he is required to keep under sections 12 and 13,for the in-
spection 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 it appears to a Magistrate,upon the oath of any
person ,that there is reasonable cause to suspect that any person has
either furnished a false or incorrect return of arms or ammunition,or has
failed or refused to make a return,or has either not kept the books
which he is required to keep under sections 12 and 13 or else has kept
such books in a false or incorrect manner,the Magistrate may,if he
thinks fit,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 or is alleged to be
kept or stored,and any Police officer to whom thesaid 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 or persons and such arms and ammunition to
be conveyed before a Magistrate.
(2.)Every person who is convicted of failing or refusing to make a
return of arms or ammunition shall be liable to the punishment pre-
scribed by section 28,and any arms or ammunition found upon his
premises may,if the Magistrate thinks fit,be forfeited to the Crown;
and evrey person who is convicted of furnishing a false or incorrect
return of arms or ammunition,or of either not keeping the said books
or else of keeping the said books in a false or incorrect manner,shall
be liable to the same punishment and to the same forfeiture of arms and
ammunition,and shall also,in addition thereto,be liable to a penalty
not exceeding ten dollars in respect of every arm which was,at the date
referred to in such return or books,in excess of or below the quantity
specified in such return or books.
16.Every purchaser of arms or ammunition who knowingly furnishes
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,on summary
conviction before a Magistrate,be liable to the punishment prescribed by
section 28.
17.No arms or ammunition shall be imported into the Colony 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 Her Majesty or of any
foreign nation) having on board as cargo any arms or ammunition,
whether in transitu or for transshipment or otherwise,shall,on arrival,
forthwith furnish to the Harbour Master a manifest of all such arms
and ammunition.
18.All arms not consigned to or to the order of any person licensed
as an importer of,or dealer in,or vendor of arms,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
in the Colony prior to transshipment,be stored only in such godowns or
place as may be approved in writing by the Captain Superintendent of
Police:Provided that this enactment shall not apply in the case of arms
or ammunition consigned to any officer in Her Majesty's service,for the
ise of Her Majesty's Naval or Military Forces,Imperial or Colonial.
19.-(1.)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 on value,unles such arms or ammunition
are or is enclosed in secure wooden boxes and distinctly marked or
labelled with the words 'arms' or 'ammunition,' as the case may be,
in the English or Chinese language:Provided that this prohibition
shall not apply to arms or ammunition- (a.)belonging to or for the use of Her Majesty's Forces or
belonging to the Colonial Government;or
(b.)which are or is 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 or is being landed direct from the vessel in which
they or it were or was imported to premises registered under this
Ordinance.
(2.)Nor shall this prohibition apply to ammunition which has been
imported into the Colony and is in course of transshipment to the
Government Gunpowder Depot,or is being exported from the Colony
direct from such Depot under a delivery order issued by the Harbour
Master.
20.It shall be lawful for any member of the Police Force 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 ammunition.
21.Whenever it appears to a Magistrate,upon the oath of any person,
that there is reasonable cause to suspect that any arms or ammunition are
or is in any building,vessel(not being a ship or war or ship having the
status of a ship or war),or place,in contravention of this Oridnance,such
Magistrate may,by warrant directed to any member of the Police Force,
empower such member,witrh such assistants as may be necessary,by day
or at 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 Magistrate;and
(2.)to arrest any person or persons who may appear to have such
arms or ammunition in his or their possession,custody,or control.
22.-(1.)Whenever any vessel (not being a ship of war or ship
having the status of a ship or 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 vause 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 casesmboxes,or other receptacles wherein any arms or
ammunition are or is or may be reasonably expected to be concealed.
(2.)Every person who is in possession of such arms or ammunition
may be arrested forthwith by the master or any other officer of the
vessel,and,unless such person satisfactorily accounts for such arms or ammunition,he shall ,on summary conviction before a Magistrate,be
liable to the punishment prescribed by section 28.
23.Every person who obstructs,hinders,or resists in ob-
structing,hindering,or resisting,any search or arrest authorized by this
Ordinance shall,on summary conviction before a Magistrate,be liable
to a penalty not exceeding one hundred dollars or to imprisonment,with
or without hard labour,for any term not exceeding three months,in
addition to any other penalty or imprisonment to which he may be liable
be law or under this Ordinance.
24.The Governor may establish a central store or magazine for the
safe keeping and storing of all arms and ammunition,and notice shall
be given in The Gazette of such selection and of the situation of the said
store or magazine.
25.-(1.)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,to order the removal to the said
central store of all arms and ammunition in the possession of any im-
porters of ,or dealers in,or vendors of arms,or of such arms and
ammunition only as,in the opinion of the Governor-in-Councuil,are or is
not in safe keeping or custody,or to order the closing of all arms shops or
stores and the suspension of the sale of all arms and ammunition suring
the continuance of such proclamation as aforesaid.
(2.)Any order made under this section forthwith be published
in The Gazette.
26.Every person who refuses,after the publication of any such order,
to deliver up any arms or ammunition,the removal of which to the
said central store has been ordered under the provisions of the last
preceding secyion,and every perosn who omits or refuses otherwise to
comply with any order published as aforesaid,shall,on summary con-
viction before a Magistrate,be liable to a penalty not exceeding five
hundred dollars or to imprisonment,with or without hard labour,for
any term not exceeding six months.
27.-(1.)The Governor-in-Council may from time to time make any
regulations necessary for carrying out this Oridnance,and may revoke,
alter,or add to the forms in the First Schedule to this Oridnance.
(2.)Such regulations and forms shall have the force of law when
published in The Gazette and shall have the same effect as if they were
incorporated in this Ordinance.
28.Except when any order penalty is specially provided by this
Ordinance,every person who commits any breach or infringment or contravention of any of the provisions of this Ordinance or of any regu-
lation made thereunder,or fails to perform any futy imposed upon him
by this Oridnance or by any such regulation,shall for every such offence,
on summary conviction before a Magistrate,be liable to a penalty not
exceeding two hundred and fifty dollars,and,in default of payment
thereof,the Magistrate may order that the offender be imprisoned,with
or without hard labour,for any term not exceeding three months,unless
the penalty is sooner paid.
29.Any arms or ammunition in connexion with which an offence has
been committed under this Oridnance may,if a Magistrate thinks fit,be
forfeited to the Crown.
30.Any arms or ammunition which are or is 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 a Magistrate,if he thinks fit,to be forfeited to the Crown.
SCHEDULES.
THE FIRST SHCEUDLE.
FORMS.
FORM No.1.
Application for Export Permit.
HONGKONG.
THE ARMS AND AMMUNITION ORDINANCE ,1900,(SECTION 5.)
APPLICATION FOR EXPORT PERMIT.
To the Captain Superintendent of Police.
Please issue a permit for the export of the undermentioned Arms and
Ammunition now stored at Street,to be shipped on board the
named the at present ar anchor at
and about to proceed to.
The period for which this permit is desired is days,and it will
be returned,together with the master's 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 pf 19.
[Particulars of Arms and Ammunition.]
Dated the day of 19.
(Signed.)
Licensed Dealer in Arms.
[or as the case may be.] FORM No.2.
Export Permit.
HONGKONG.
THE ARMS AND AMMUNITION ORDINANCE,1900,(SECTION 5.)
EXPORT PERMIT.
The bearer is hereby authorized to export by the named the
at present anchored at the undermentioned Arms
and Ammunition:-
[Particulars of Arms and Ammunition.]
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.
Removal Permit.
HONGKONG.
THE ARMS AND AMMUNTION ORDINANCE,1900,(SECTION 7.)
REMOVAL PERMIT.
The bearer is hereby authorized to remove from to
the undermentioned Arms and Ammunition,between the hours of and
on the day of 19.
This permit must be returned to [person] at [place] before o'clock in
the noon of the day of 19.
Dated the day of 19.
(Signed.)
Captain Superintendent of Police.
THE SECOND SCHEDULE.
TABLE OF FEES.
1.Fee payable for a Licence to an importer of,or
dealer in,or vendor of arms or ammunition }$1,200 per ammun,
payable in advance.
2.Fee where a retail business only is carried on in
firearms and ammunition for sporting purposes only}$10 per annum,pay-
able in advance. A.D. 1900. Ordinance No. 9 of 1900, with Ordinance No. 35 of 1900 incorporated. Short title. Interpretation of terms. No. 4 of 1893. See Ordinance No. 7 of 1887. Granting of licence to carry or possess arms and ammunition. Prohibition of unexempted person carrying or possessing arms or ammunition without licence. Conditions to be observed on sale of arms or ammunition for use in the Colony or for export. First Schedule: Form No. 2; Form No. 1. Exporter of arms or ammunition to obtain mate's receipt. Prohibition of moving arms or ammuni- tion without permit. First Schedule: Form No. 3. Penalty for arms or ammunition found on vessel without licence. Repealing section not printed. Arrest without warrant of person carrying. arms, etc., or having them in his possession. Taking out of annual and registration by importer, etc., of arms or ammunition. Second Schedule. Arms or ammunition to be stored only in registered place. Keeping of stock-book and making of quarterly returns. Keeping of book of sales. Obligation to produce books to Police, if requested. Issue of search warrant in certain cases, and punishment for certain offences. Punishment of purchaser furnishing false information for registration. Prohibition of importation of arms and ammunition except at Port of Victoria. Storage of arms 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 waters of the Colony. Penalty for obstructing authorized search or arrest. Power to establish central store for arms and ammunition. Power to order removal to central store of all arms and ammunition and to close arms shops, etc. No. 10 of 1886. Penalty for refusing to deliver up arms or ammunition. Making of regulations, etc. First Schedule. Penalty for breach of the Ordinance or of regulation. Forfeiture of arms or ammunition connected with offence. Forfeiture of arms or ammunition without apparent owner. Section 27. Section 5 Section 5. Section 7. Section 10.
Abstract
A.D. 1900. Ordinance No. 9 of 1900, with Ordinance No. 35 of 1900 incorporated. Short title. Interpretation of terms. No. 4 of 1893. See Ordinance No. 7 of 1887. Granting of licence to carry or possess arms and ammunition. Prohibition of unexempted person carrying or possessing arms or ammunition without licence. Conditions to be observed on sale of arms or ammunition for use in the Colony or for export. First Schedule: Form No. 2; Form No. 1. Exporter of arms or ammunition to obtain mate's receipt. Prohibition of moving arms or ammuni- tion without permit. First Schedule: Form No. 3. Penalty for arms or ammunition found on vessel without licence. Repealing section not printed. Arrest without warrant of person carrying. arms, etc., or having them in his possession. Taking out of annual and registration by importer, etc., of arms or ammunition. Second Schedule. Arms or ammunition to be stored only in registered place. Keeping of stock-book and making of quarterly returns. Keeping of book of sales. Obligation to produce books to Police, if requested. Issue of search warrant in certain cases, and punishment for certain offences. Punishment of purchaser furnishing false information for registration. Prohibition of importation of arms and ammunition except at Port of Victoria. Storage of arms 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 waters of the Colony. Penalty for obstructing authorized search or arrest. Power to establish central store for arms and ammunition. Power to order removal to central store of all arms and ammunition and to close arms shops, etc. No. 10 of 1886. Penalty for refusing to deliver up arms or ammunition. Making of regulations, etc. First Schedule. Penalty for breach of the Ordinance or of regulation. Forfeiture of arms or ammunition connected with offence. Forfeiture of arms or ammunition without apparent owner. Section 27. Section 5 Section 5. Section 7. Section 10.
Identifier
https://oelawhk.lib.hku.hk/items/show/727
Edition
1901
Volume
v2
Subsequent Cap No.
238
Cap / Ordinance No.
No. 2 of 1900
Number of Pages
11
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ARMS AND AMMUNITION ORDINANCE, 1900,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/727.
