1967-HKRS28-8-34_Part03 — Page 50

Authenticated Laws 確真本香港法例 All

(Cap. 291.)

(ca. 1991)

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(b) A permit issued under this subsection shall be subject to such conditions as the Commissioner of Police thinks fit, and may be cancelled by the Commissioner of Police at any time.

(3) A curfew order shall--

(a) come into force at such time as may be specified therein or, if no time is so specified, immediately upon the making thereof by the Governor;

(b) be published in the Gazette as soon as may be reasonably

practicable after the making thereof; and

(c) remain in force for the period specified therein or until carlier cancelled by the Governor in accordance with subsection (4).

(4) The Governor may vary or cancel a curfew order by order which shall come into force and be published in like manier as that provided in subsection (3) for a curfew order.

(5) Any person who contravenes—

(a) any of the provisions of a curfew order; or

(b) any condition to which a permit issued under subsection

(2) is subject.

shall be guilty of an offence and shall be liable on summary con- viction to a fine of five thousand dollars and to imprisonment for two years.

(6) The following persons shall, notwithstanding the provi- sions of this section, not be subject to or obliged to comply with any of the provisions of a curfew order when on duty or proceed- ing to or from duty-

(a) a police officer;

(b) a member of the Hong Kong Auxiliary Police Force when the Force, or the part of the Force to which such member belongs, or such member, has been called out under subsection (1) or (2) of section 16 of the Hong Kong Auxiliary Police Force Ordinance;

(c) a member of the Fire Services Department;

(d) a member of the Prisons Department;

(e) a member of the Preventive Service;

(f) a member of Her Majesty's forces,

(g) a member or officer of the Royal Hong Kong Defence Force when the Force has been called out under sub- section (1) of section 16 of the Royal Hong Kong

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Defence Force Ordinance or the unit or part of the Force to which such member or officer belongs, or such member or officer, bas been called out under subsection (1) of section 17 of the Royal Hong Kong Defence Force Ordinance:

(b) any person, whether or not he is a member of the Essential Services Corps, in possession of a valid warrant signed by the Commissioner of the Essential Services Corps and certifying that such person is engaged on essential duties, and

(0

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.

(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, carries or has in bis 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 five thousand dollars and to imprisonment for three years.

(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-

(o) solely for domestic or defensive purposes within enclosed premises which he was lawfully occupying or in which he was lawfully present; or

(5) with the authority of his employer and solely for domestic or defensive purposes within enclosed promises in the lawful occupation of his employer.

(3) Where any person is convicted of an offence under sub- section (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 reason- able excuse, has with him in any public place any offensive weapon shall be guilty of an offence and shall be liable on suramary conviction to a fine of five thousand dollars and to imprisonment for two years.

(2) Where any person is convicted of an offence under sub- section (1), the court may make an order for the forfeiture of any offensive weapon in respect of which the offence was committed.

Carrying offensive weapons during curfew.

Possession of offensive weapon ic public place.

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