No 553
auswered Q
Enclosure 1.
Enclosure 2.
Aned
My Lord,
RECEIVED
29 JAN 1930'
COL, OFFICE
8
GOVERNMENT HOUSE,
HONGKONG, 27th December, 1929.
I have the honour to submit for the
signification of His Majesty's pleasure the following
Ordinance intituled:-
2.
An Ordinance to amend the Arms and
Ammunition Ordinance, 1900.
The enclosed report by the Attorney
General explains the objects and reasons of the
Ordinance.
THE RIGHT HONOURABLE
LORD PASSFIELD,
&C.
&C.,
&C.,
I have the honour to be,
My Lord,
Your Lordship's most obedient,
humble servant,
Governor, &c.
L.S.
HONG KONG.
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No. 32 OF 1929.
I assent.
C. CLEMENTI, Governor.
20th December, 1929.
An Ordinance to amend the Arms and Am-
munition Ordinance, 1900.
[20th December, 1929.]
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows :—
1. This Ordinance may be cited as the Arms and Short title. Ammunition Amendment Ordinance, 1929.
2. Paragraph (a) of section 2 of the Arms and Am- Repeal of munition Ordinance, 1900, is repealed and the following Ordinance paragraph is substituted therefor:
(a) Ammunition includes-
(i) every shell, cartridge case, bomb, hand grenade, or projectile, whether con- taining any explosive or gas or chemical or not, and whether intended to be dis- charged from or by any gun or other propelling or releasing instrument or mechanism or not, except hand grenades which can be used only for the purpose of extinguishing fires;
(ii) every part of any such shell, cart- ridge case, bomb, hand grenade or pro- jectile, whether such shell, cartridge case, bomb, hand grenade or projectile may have been completely formed at any time or not;
(iii) every fuse, percussion cap, or priming cap, which could be used for the purpose of exploding any shell, bomb, hand grenade or other projectile ;
(iv) every bullet or cartridge clip;
(v) an explosive when enclosed in any case or contrivance, or otherwise adapted or prepared so as to form a cartridge, charge, or complete round of small arms, cannon, or any other weapon, or to form any tube for firing explosives, or to form a detonator, a projectile, or other contri- vance than a firework, which can be used either singly or in suitable combinations, as, or in connection with, a missile;
(vi) everything which may be declared by regulation made by the Governor in Council to be ammunition.
No. 2 of 1900, s. 2 (a), and substitu- tion of new paragraph.
Page
10
D
ge 10
Amendment
of Ordinance
No. 2 of
1900,
8. 2 (0).
Repeal of
Ordinance
No. 2 of
1900,
8. 2 (d);
2
L
3. Paragraph (b) of section 2 of the Arms and Ammu- nition Ordinance, 1900, is amended by the addition of the following sub-paragraph at the end thereof ;—
(v) overy gun, pistol, or other propelling or releasing instrument or mechanism, from or by which any shell, cartridge, bomb, grenade, or projectile, containing any gas of chemical,
could be discharged.
4. Paragraph (d) of section 2 of the Arms and Am- munition Ordinance. 1900, is repealed and the following paragraph is substituted therefor
Exempted
and substitu- person.
tion of new
paragraph.
Repeal of Ordinance No. 2 of
1900, s. 4, and substitu- tion of new section.
"
(d) "Exempted person means-
(i) every person in the naval, military, air, volunteer and police forces, district watchmen, members of the volunteer roserve, and members of the police reserve, in respect of arms and ammunition used by them solely in connection with their duties;
(ii) commissioned officers in the army, navy and air forces, and the consular representatives de carrière of any foreign goverument;
(ii) public officers whose names are approved by the Governor and recorded in a list kept at the Colonial Secretary's Office:
(iv) any person to whom the Inspector General of Police shall have issued, in his discretion, a written letter of exemp- tion, any such exemption being confined in the discretion of the Inspector Generali of Police to any particular weapons or ammunition mentioned therein.
5. Section 4 of the Arms and Ammunition Ordinance, 1900, is repealed and the following section is substituted therefor :-
Prohibition
4. (1) Subject to the provisions of sub- of carrying sections (2) to (11) inclusive, no person shall, or possessing except under and in accordance with a licence
arms or
ammunition issued for the purpose under this Ordinance, without & carry or have in his possession or under his licence.
control any arms or ammunition.
(2) Sub-section (1) shall not apply to any exempted persou.
(3) Sub-section (1) shall not apply to any arms or ammunition which are in the posses- sion of His Majesty's Government or of the Government of Hong Kong, or to any arms or ammunition which are the property of His Majesty's Government or of the Government of Hong Kong, and which are duly in the possession or under the control of some person on behalf of His Majesty's Government or of the Government of IIong Kong with the knowledge and consent of His Majesty's Government or of the Government of Houg Kong, as the case may be.
(4) Sub-section (1) shall not apply to any arms or ammunition on board any ship which in the opinion of the Governor, as certified by the Colonial Secretary, is a ship of war of any foreign state.
(5) Sub-section (1) shall not apply to any arms or ammunition consigued to some place outside the Colony and in transitu on any vessel as bonâ fide cargo and entered on the manifest.
(6) Sub-section (1) shall not apply to any arms or ammunition in course of transhipment in unbroken packages from one vessel to another, if notice of such transhipment shall have been given to the Inspector General of Police at a reasouable time before such traushipment.
3
Sub-section (1) shall not apply to say arms or ammunition which, having been im- ported, are in course of transhipment to the Government Gunpowder Depôt, or are being exported direct from the Government Gun- powder Depot,
(8) Sub-section (1) shall not apply to any arms or ammunition on board any juuk or other similar vessel, if such arms and ammuni- tion are described and enumerated in the licence or clearance of such junk or other similar vessel, and are reasonably necessary for the protection of such junk or other similar vessel.
(9) Sub-section (1) shall not apply so as to prevent the owner or master of any vessel, other than such vessels as are referred to in sub-section (8), from having on board such arms and ammunition as are reasonably neces- sary for the protection of such vessel, but this exemption shall not apply in the case of any vessel (a) which regularly includes in its ports
of call any place on the east coast of Asia between Vladivostok and Singapore inclusive, or any place on any river flowing into the sea on the east coast of Asia between Vladivostok and Singapore, or any place in Formosa, and (3) the naval extreme trading limits of which do not extend beyond the places specified above.
(10) Where arms or ammunition, the pro- perty of a licensed or exempted person, are carried by or are found in the possession of his agent or servant, under bona fide instructions so to carry or possess the same for him and on his behalf temporarily for any lawful purpose, such carriage, or possession shall be deemed carriage or possession by the licensed or exempted person,
(11) It shall be lawful for the Governor in Council to exempt from the provisions of sub- section (1) the owner or master of: any vessel or class of vessel whatsoever in respect of arms and ammunition which shall be on board such vessel and shall be reasonably necessary for its protection.
6. Section 8 of the Arms and Ammunition Ordinance, Amendment 1900, is amended by the substitution of the word "similar" of Ordinance
No. 2 of 1900, s. 8.
for the word "Chinese" in the third line thereof.
7. The words "Captain Superintendent of Police", Alteration wherever they occur in the principal Ordinance, are of title of deleted and the words "Inspector General of Police
are Captain substituted therefor,
Superinten dent of Police.
8. Section 28 of the Arms and Ammunition Ordinance, Amendment 1900, is amended by the deletion of the words "or of a of Ordinance Deputy or Assistant Superintendent of Police" in the No. 2 of
1900, a. 28.
tenth and eleventh lines thereof.
9. The following section is inserted in the principal Insertion of Ordinance immediately after section 32 :—
Certain officers to
have the
new s. 33 in Ordinance
82. The Deputy Inspector General of No. 2 of Police, and the Divisional Superintendents, 1900.
powers of the Superintendents, and Assistant Superinten Inspector "dents, shall have all the powers conferred ou General of the Inspector General of Police by or under Police. this Ordinance.
10. This Ordinance shall come into force on the 1st Commence- day of January, 1930.
Passed the Legislative Council of Hong Kong, this 19th day of December, 1929.
E. I. WYNNE-JONES,
Deputy Clerk of Councils,
ment.
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