A
2
in Woodward v. Koossler 19587 3 All E. R. 557 & 558 is relevant
"If we were to hold that this young man with this shocking
weapon was not in possession of an offensive weapon for causing
injury, when he went up to an elderly man and said "can you see
this?", it would be driving a coach and four through this useful
act Prevention of Crime Act, 19537. It would hardly ever be
possible to get a conviction. We know well why it is rather an
obscure definition, vis; because one of the weapons that these
young hooligans like to use is a bicycle chain. The bicycle chain
is not made for injury, but if a boy is swinging a bicycle chain
and saying "look out", that is using an offensive weapon.".
The definition of "offensive weapon" in the U.K. Act does not use the
worda "or suitable" It follows that without the words "or suitable",
person cannot be charged with possessing an offensive weapon if the article
is neither "made" nor "adapted" for causing injury unless the prosecution
can prove intent. It is submitted that in Hong Kong such a burden would
seriously hamper law enforcement. It is proposed therefore that this
definition should remain untouched but that those sections of the Ordinance
which create offences in relation to the possession of offensive wea: pone
should sake available to an accused the defences of "lawful authority or
reasonable excuse" which, it is thought, will provide the necessary
protection for the person who is innocently in possession of dangerous
articles. The relevant sections are 14, 32 and 33.
4.
In the Note the amendment to section 3 suggested by Justice
was opposed on the ground that it would be unwise to fetter the power of
police officers to act quickly and decisively in the removal of flags
which might lead to trouble. However, the position has been reconsidered
in the light of the comments in Saving Despatch No. 406, and the proposed
arendrent is included in clause 3. Subsection (2) is acended as proposed
in the Note.
5.
Clause 4 of the Bill proposes to amend subsection (5) of
section 7 by providing that meetings held for social purposes in a
restaurant not require the licence of the Commissioner of Police.
accords with the views contained in the Note, which also supported the
This