1964_FIREARMS_AND_AMMUNITION_ORDINANCE — Page 13

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 238]

Trespassing with

arms or

ammunition or

imitation firearm.

1968 c. 27. s. 20.

Possession of an imitation firearm.

Schedule.

Firearms and Ammunition

[1981 Ed.

(2) In proceedings for an offence under subsection (1) proof that the accused had any arms or ammunition or imitation firearm with him and intended to commit an arrestable offence, or to resist or prevent arrest, is evidence that he intended to have the same with him while doing so.

(3) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years.

19. (1) A person commits an offence who, while he has any arms or ammunition or imitation firearm with him, enters or is in any place as a trespasser and without reasonable excuse.

(2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years.

(3) In subsection (1) "place" means any land (including land covered with water) building, vehicle, vessel, train or aircraft or any part thereof.

(4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence.

20. (1) Subject to subsections (2) and (3), any person who is in possession of an imitation firearm commits an offence and is liable to imprisonment for 2 years.

(2) Any person who, within 10 years of being convicted of an offence specified in the Schedule or of an offence under this Ordinance, commits an offence under subsection (1) is liable to imprisonment for 7 years.

(3) A person does not commit an offence under subsection (1) if he satisfies the magistrate that-

(a) at the relevant time he was under the age of 15; or

(b) he was in possession of the imitation firearm in his capacity as a person who deals in imitation firearms by way of trade or business, or as a servant of such a person carrying out his bona fide and lawful instructions; or

(c) he was not in possession of the imitation firearm for a purpose dangerous to the public peace, or of committing an offence, or in circumstances likely to lead to-

(i) the commission of an offence; or

(ii) the possession of the imitation firearm for a purpose dangerous to the public peace,

by himself or any other person.

(4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence.

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CAP. 238] Trespassing with arms or ammunition or imitation firearm. 1968 c. 27. s. 20. Possession of an imitation firearm. Schedule. Firearms and Ammunition [1981 Ed. (2) In proceedings for an offence under subsection (1) proof that the accused had any arms or ammunition or imitation firearm with him and intended to commit an arrestable offence, or to resist or prevent arrest, is evidence that he intended to have the same with him while doing so. (3) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years. 19. (1) A person commits an offence who, while he has any arms or ammunition or imitation firearm with him, enters or is in any place as a trespasser and without reasonable excuse. (2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years. (3) In subsection (1) "place" means any land (including land covered with water) building, vehicle, vessel, train or aircraft or any part thereof. (4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence. 20. (1) Subject to subsections (2) and (3), any person who is in possession of an imitation firearm commits an offence and is liable to imprisonment for 2 years. (2) Any person who, within 10 years of being convicted of an offence specified in the Schedule or of an offence under this Ordinance, commits an offence under subsection (1) is liable to imprisonment for 7 years. (3) A person does not commit an offence under subsection (1) if he satisfies the magistrate that- (a) at the relevant time he was under the age of 15; or (b) he was in possession of the imitation firearm in his capacity as a person who deals in imitation firearms by way of trade or business, or as a servant of such a person carrying out his bona fide and lawful instructions; or (c) he was not in possession of the imitation firearm for a purpose dangerous to the public peace, or of committing an offence, or in circumstances likely to lead to- (i) the commission of an offence; or (ii) the possession of the imitation firearm for a purpose dangerous to the public peace, by himself or any other person. (4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence.
Baseline (Original)
12 CAP. 238] Trespassing with arms or ammunition or imitation firearm. 1968 c. 27. s. 20. Possession of an imitation firearm. Schedule. Firearms and Ammunition [1981 Ed. (2) In proceedings for an offence under subsection (1) proof that the accused had any arms or ammunition or imitation firearm with him and intended to commit an arrestable offence, or to resist or prevent arrest, is evidence that he intended to have the same with him while doing so. (3) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14-years. 19. (1) A person commits an offence who, while he has any arms or ammunition or imitation firearm with him, enters or is in any place as a trespasser and without reasonable excuse. (2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years. (3) In subsection (1) "place" means any land (including land covered with water) building. vehicle, vessel, train or aircraft or any part thereof. (4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence. 20. (1) Subject to subsections (2) and (3), any person who is in possession of an imitation firearm commits an offence and is liable to imprisonment for 2 years. (2) Any person who, within 10 years of being convicted of an offence specified in the Schedule or of an offence under this Ordi- nance, commits an offence under subsection (1) is liable to impri- sonment for 7 years. (3) A person does not commit an offence under subsection (1) if he satisfies the magistrate that- (a) at the relevant time he was under the age of 15; or (b) he was in possession of the imitation firearm in his capacity as a person who deals in imitation firearms by way of trade or business, or as a servant of such a person carrying out his bona fide and lawful instructions; or (c) he was not in possession of the imitation firearm for a purpose dangerous to the public peace, or of committing an offence, or in circumstances likely to lead to- (i) the commission of an offence; or (ii) the possession of the imitation firearm for a purpose dangerous to the public peace, by himself or any other person. (4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence. lite
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12

CAP. 238]

Trespassing with

arms or

ammunition or

imitation firearm.

1968 c. 27. s. 20.

Possession of an imitation firearm.

Schedule.

Firearms and Ammunition

[1981 Ed.

(2) In proceedings for an offence under subsection (1) proof that the accused had any arms or ammunition or imitation firearm with him and intended to commit an arrestable offence, or to resist or prevent arrest, is evidence that he intended to have the same with him while doing so.

(3) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14-years.

19. (1) A person commits an offence who, while he has any arms or ammunition or imitation firearm with him, enters or is in any place as a trespasser and without reasonable excuse.

(2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years.

(3) In subsection (1) "place" means any land (including land covered with water) building. vehicle, vessel, train or aircraft or any part thereof.

(4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence.

20. (1) Subject to subsections (2) and (3), any person who is in possession of an imitation firearm commits an offence and is liable to imprisonment for 2 years.

(2) Any person who, within 10 years of being convicted of an offence specified in the Schedule or of an offence under this Ordi- nance, commits an offence under subsection (1) is liable to impri- sonment for 7 years.

(3) A person does not commit an offence under subsection (1) if he satisfies the magistrate that-

(a) at the relevant time he was under the age of 15; or

(b) he was in possession of the imitation firearm in his capacity as a person who deals in imitation firearms by way of trade or business, or as a servant of such a person carrying out his bona fide and lawful instructions; or

(c) he was not in possession of the imitation firearm for a purpose dangerous to the public peace, or of committing an offence, or in circumstances likely to lead to-

(i) the commission of an offence; or

(ii) the possession of the imitation firearm for a purpose dangerous to the public peace,

by himself or any other person.

(4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence.

lite

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