PUBLIC ORDER ORDINANCE. 1967:
DEFINITION OF "OFFENSIVE WEAPON"
ANNEX
The U.K. Prevention of Crime Act, 1953, defines "offensive weapon" as follows :-
2.
"offensive weapon" means any article made, or adapted for use, for causing injury to the person, or intended by the person having it with him for such use by him.
The definition of "offensive weapon" in the Hong Kong Public Order Ordinance reads :-
"offensive weapon" means any article made, or adapted for use,
or suitable, for causing injury to the person, or intended by the person having it in his possession or under his control for such use by him or by some other person;
The underlined passages indicate the additions to and variations in
this definition.
3. Under the U.K. legislation mere possession is an offenceonly where the article is "made or adapted for use for causing injury ..."; there is available to the person in possession the defence of "lawful authority or reasonable excuse" for having it. In the case of sny other article it must be established that the person has it in his possession intending to use it to cause injury.
4. With the addition in the Hong Kong definition of the words "or suitable", mere possession of almost any article (e.g. "Justice's" 'pencil', a piece of cloth or scarf suitable for strangling) becomes an offence.: It is unnecessary to establish any intent to use such article for purpose of causing injury. It is proposed in the amending Bill to make available to the accused the defence of "lawful authority or reasonable excuse" in every section creating an offence in relation to offensive weapons. (The relevant sections are 14, 32 and 33: in the original Ordinance "lawful authority" 18 a defence in all three sections, but "reasonable excuse" is a defence only in Section 33).
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