22
CAP. 245]
Public Order
[1987 Ed.
(Cap. 198.)
(Cap. 197, sub. leg.)
Carrying offensive weapons during curfew.
Possession of offensive weapon in public place.
(h) an officer or member of the Royal Hong Kong Auxiliary Air Force when on active service under the Royal Hong Kong Auxiliary Air Force Ordinance; (Added, 98 of 1970, Schedule)
(i) any person in possession of a valid warrant signed by the Secretary for Security and certifying that such person is engaged on essential duties; (Amended, 24 of 1972, s. 4 and L.N. 147(77))
(j) any servant of the Crown, other than a public officer, in possession of a permit issued by the Commissioner of Police for the purposes of this paragraph;
(k) a member of the Essential Services Corps in possession of an identity card issued under the Essential Services Corps (Identity Cards) Regulations; (Added, 24 of 1972, s. 4)
(l) a member of the Immigration Service; and (Added, 24 of 1972, s. 4)
(m) an employee of the Ministry of Defence in possession of a valid Army Department Pass. (Added, 24 of 1972, s. 4)
(7) Whenever the Governor considers it necessary, a curfew order may provide that subsection (6) shall not apply in the case of that curfew order with respect to such of the persons specified in that subsection as may be prescribed by the curfew order.
32. (1) Any person who, without lawful authority or reasonable excuse, carries or has in his possession in any area in which a curfew order is in force and during the hours during which the curfew imposed thereby is operative any offensive weapon shall be guilty of an offence and shall be liable on summary conviction to a fine of $5,000 and to imprisonment for 3 years. (Amended, 31 of 1970, s. 21)
(2) A person shall not be convicted of an offence under this section if he proves to the satisfaction of the court that he carried or had in his possession the offensive weapon-
(a) solely for domestic or defensive purposes within enclosed premises which he was lawfully occupying or in which he was lawfully present; or
(b) with the authority of his employer and solely for domestic or defensive purposes within enclosed premises in the lawful occupation of his employer.
(3) Where any person is convicted of an offence under subsection (1), the court may make an order for the forfeiture of any offensive weapon in respect of which the offence was committed.
33. (1) Any person who, without lawful authority or reasonable excuse, has with him in any public place any offensive weapon shall be guilty of an offence and shall be sentenced, on summary conviction or conviction on indictment, in the manner specified in subsection (2). (Amended, 27 of 1978, s. 2)