CAP. 238]
Firearms and Ammunition
[1981 Ed.
(Cap. 26.)
Proof of allegation under section 17, 18, 19 or 20.
Evidence of muzzle energy of air weapons.
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 certificate, 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 prosecution 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 measuring 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.
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