TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 100

3.

The

legulation

Under UK law mere possession is an offence only where the article is "made or adapted for use for causing injury

...

።

there is available to the

person in possession the defence of "lawful authority or reasonable excuse" for having it. In the case of

any other article it must be established that the

person has it in his possession intending to use it to

cause injury.

Hong Kong

such

4. With the addition to the definition in the Hong Kong Public Order Ordinance of the words "or suitable cara mere possession of almost any article (e.g. Justice's "pencil", a piece of cloth or scarf suitable for strangling) becomes an offence. It is unnecessary to establish any intent to use the article for purpose of causing injury. It is proposed in the amending Bill to make available to the accused the defence of "lawful authority or reasonable excuse" in every section creating an offence in relation to offensive weapons. (The relevant sections

are 14, 32 and 33: in the original Ordinance "lawful authority" is a defence in all three sections, but "reasonable excuse" is a defence only in Section 33).

Thus the

The pro

se

5. The Hong Kong addition of the words Con- suitable-

dispenses altogether with the need to establish intent to cause injury in relation to the possession of articles that are capable of both an innocent and offensive use.

tion has only to establish

possession; the accused can raise the defence of "lawful authority or reasonable excuse" but must

discharge the burden of proof if he does so. There is justification for assuming intent to use for an offensive purpose an article which is primarily designed, or has been adapted, for such purpose. problem is to define precisely what circumstances might be held to justify the assumption of mal-intent in the case of possession of an article that has primarily an innocent use although suitable for, and capable of, being put to an offensive use.

The

6 I am marshalling the arguments as I see them.

In my view there is room for debate, although my own conclusion tends towards resisting departure from the

provisions of the UK legislation.

The Minister's

visit