1946-HKRS28-8-13_Part02 — Page 7

Serba-lum

of new bab. section for sub-section & of action 4.

2

4. The following sub-section shall be substituted for sub-section (6) of section 4 of the Principal Ordinance:-

"(6) Sub-section (1) shall not apply to any arms or ammunition on board any junk licensed as a trading junk by the Harbour Master or river steamers and launches holding Class 4 licences under the Merchant Shipping Ordinance, 1859, and

any

Ordinance amending or substituted for the same, if such armis unit aromunition are described and enumerated in the licence or clearance of such junk, river steamer or launch and are reasonably necessary for the protection of such junk, river steamer or launch.

5. The words

Anasadament

to Section

the words

20.

Addition

of Now Section 29.

Pensity for ast and PORSOIRIGA of Inaltatinr Áreaza in certain casNI.

one year Principal Ordinance.

JX

three years shall be substituted for

in line six of section 20, ptêthe ·

6. The following Section shall be inserted after Section 29 of the Principal Ordinance :----

**20.-(1) If any person makes or attempts to make any use whatsoever of an imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or any other person he shall be guilty of an offence under this subsection, and on conviction thereof on indictment shall be liable to imprisonment for a term not exceeding fourteen years,

Where any person commits an offence under this subsection in respect of the lawful apprehension or detention of himself for any other offence committed by him, be shall be liable to the penalty provided by this subsection in addition to any penalty to which he may be sentenced for that other offence.

(2) If any person, at the time of his committing, or at the time of his apprehension for, any offence speciled in the Schedule to this Ordinance has in his possession any imitation firearm, he shall, unless he shows that he had it in his possession for a lawful object, be guilty of an offence under this subsection, and on convintion thereof on indictment shall be liable to penal servitudo for a term not exceeding seven years in addition to any penalty to which he may be sentenced for the first-mentioned offence.

(3) If on the trial of any person for an offence under subsection (1) of this section the jury are not satisfied that that person is guilty of that offence but are satisfied that he is guilty of an offence under subsection (2) of this section. the jury may find him guilty of the offence under the said subsection (3), and thereupon be shall be liable to be punished accordingly.

(4) An imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of discharging any shot, bullet or other missile, be deemed to be an offensive weapon or instrument for the purpose of section 45 of the Larceny Ordinance, 1936.

3

(5) In this Section, the expression

F

imitation firearm means anything which has the appearance of being a lethal barrelled weapon of any description, whether it is capable of discharging any shot, bullet, or other missile or not.'

Passed the Legislative Council of Hong Kong, this 17th day of October, 1946.

Deputy Clerk of Councils.

SCHEDULE.

Malicious Damage Ordinance, 1865.

(Sec. 29A, sv.2)

Section 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 27, 27A

(1), 27A (2), 28, 29, 46.

Offences Against the Parson Ordinanco, 1865.

Sections 19, 20, 21, 29, 30A, 34, 42, 43, 45.

Summary Offences Ordinance, 1932,

Sactions 3, 8(b), & 21.

Larceny Ordinance, 1935,

Sections 4, 5, 6, 25, 26, 27, 40, 41, 42, 43, 44, 45, 46, & 47.

Protection of Women & Girls Ordinance, 1938.

Sections 21 (1), 22, 24, 25, & 26.