XN000022-1986-11-19 — Page 29

WEDNESDAY, NOVEMBER 19, 1986

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DEFINITION OF REPLICA FIREARM POSES PROBLEM

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THE PROBLEM REGARDING PROPOSED AMENDMENTS TO THE FIREARMS AND AMMUNITION ORDINANCE WAS TO FIND A FULLY SATISFACTORY DEFINITION OF A REPLICA FIREARM. THE SECRETARY FOR SECURITY. THE HON DAVID JEAFFRESON, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IN REPLY TO A QUESTION BY THE HON HUI YIN-FAT, MR JEAFFRE SON SAID THE SUGGESTED AMENDMENTS TO THE ORDINANCE AIMED AT BANNING, EXCEPT FOR EXPORT, REPLICA FIREARMS WHICH CLOSELY RESEMBLED GENUINE FIREARMS. THIS WOULD DRAMATICALLY REDUCE THEIR AVAILABILITY FOR USE IN CRIMES IN HONG KONG.

HOWEVER, THE FIGHT CRIME COMMITTEE WAS CONCERNED OVER THE DIFFICULTIES THE PUBLIC MIGHT HAVE IN DECIDING WHAT WAS A REPLICA AND WHAT WAS NOT.

THE COMMITTEE CONSIDERED THE PROPOSALS OF THE WORKING GROUP ON THE USE OF FIREARMS IN CRIME AND DRAFT LEGISLATION EARLIER THIS YEAR AND RECOMMENDED THAT THE ADVICE OF THE EXECUTIVE COUNCIL SHOULD BE SOUGHT ON THIS CONTROVERSIAL AND DIFFICULT MATTER, HE SAID.

+FOLLOWING THE EXECUTIVE COUNCIL'S ADVICE, IT WAS DECIDED THAT NO FURTHER ACTION SHOULD BE TAKEN ON THE CHANGES PROPOSED IN THE LEGISLATION UNTIL A TEST CASE COULD BE BROUGHT BEFORE THE COURTS USING THE EXISTING LEGISLATION, HE SAID.

MR JEAFFRESON EXPLAINED THAT UNDER EXISTING LEGISLATION IT WAS AN OFFENCE TO BE IN POSSESSION OF AN IMITATION FIREARM. HOWEVER, IN THE OPINION OF THOSE INVOLVED, IT WAS DIFFICULT TO BRING ABOUT A SUCCESSFUL PROSECUTION UNLESS AN IMITATION FIREARM WAS UNQUESTIONABLY BEING USED FOR THE PURPOSE OF COMMITTING A CRIME.

+THE TEST CASE TO BE BROUGHT BEFORE THE COURTS WILL TACKLE

THE POINT, + HE SAID.

MR JEAFFRESON ALSO POINTED OUT THAT THE EXISTING LAW DOES NOTHING TO REDUCE THE AVAILABILITY OF SUCH IMITATIONS FOR CRIMINALS IN HONG KONG.+

AS REGARDS THIS POINT, HE SAID THAT THE WORKING GROUP WOULD LOOK AGAIN AT THE JAPANESE SYSTEM, WHICH DISTINGUISHED IMITATION FIREARMS FROM REAL ONES BY PRESCRIBING THAT THEY SHOULD BE COLOURED WHITE OR YELLOW.

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