TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 78

1981 Ed.

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Public Order

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(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-

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

(b) with the authority of his employer and solely for domestic or defensive purposes within enclosed premises 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 sentenced, on summary conviction or conviction on indictment, in the manner specified in subsection (2). (Amended, 27 of 1978, s. 2)

(2) A person convicted of an offence under subsection (1) shall-

(a) if under the age of 14 years, be dealt with in accordance

with the provisions of the Juvenile Offenders Ordinance; (b) if he is not less than 14 years of age and has not attained 17

years of age, be sentenced—

(i) to imprisonment for not less than 6 months nor more than 3 years;

(ii) to a detention order under the provisions of the Detention Centres Ordinance, but subject to the provisions of that Ordinance;

(iii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance; or

(iv) subject to the provisions of the Training Centres Ordinance, to detention in a training centre under that Ordinance; (Replaced, 27 of 1978, s. 2)

(c) if he is not less than 17 years of age and has not attained 25

years of age, be sentenced-

(i) to imprisonment for not less than 6 months nor more than 3 years;

(ii) to a detention order under the provisions of the Detention Centres Ordinance, but subject to the provisions of that Ordinance; or

(iii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance;

(d) if of the age of 25 years or more, be sentenced—

(i) to imprisonment for not less than 6 months nor more than 3 years; or

(ii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance. (Amended, 67 of 1980, s. 6)

Possession of offensive weapon in public place.

(Cap. 226.)

(Cap. 239.)

(Cap. 222.)

(Cap. 280.)