24
Defence of exercising due diligence in certain cases.
Delegation by Commissioner.
Service of notices.
Regulations.
CAP. 238]
Firearms and Ammunition
[1981 Ed.
49. (1) Where a person is in possession of arms or ammunition in breach of section 13 or deals in arms or ammunition in breach of section 14 and such breach is of a kind mentioned in subsection (2) and would not have arisen but for the exercise of one of the powers mentioned in that subsection, it shall be a defence to a charge under either of the said sections if the person charged proves that-
(a) (b)
(i) he was not given notice to deliver up the arms and ammunition under section 34(3); and
(ii) he could not by the exercise of all due diligence and the taking of all lawful measures reasonably available to him avoid being in possession of or dealing in the arms or ammunition in question or comply with the terms of the licence, as the case may be; or
(i) he was not given notice to deliver up the arms and ammunition under section 34(3); and
(ii) at the material time he had brought, or intended to bring, an appeal under section 35 against the decision; and
(iii) where an appeal had been brought, it had not been rejected by the Governor in Council or abandoned.
(2) Subsection (1) applies where-
(a) a licence is cancelled or a renewal is refused with the result that, after the expiry or cancellation of the licence, possession of, or dealing in, arms or ammunition possessed by the person before the expiry or cancellation amounts to a breach of section 13 or 14; or
(b) a licence is amended or a condition is varied or added with the result that, after the amendment, variation or addition, the possession of arms or ammunition possessed by the person before the amendment, variation or addition amounts to a breach of section 13 or 14 because the licensee is unable to comply with the terms and conditions of the licence.
50. For the purposes of this Ordinance the Commissioner may in writing authorize any public officer by name, office or appointment to exercise and perform the powers, functions and duties conferred or imposed upon the Commissioner by this Ordinance.
51. Any notice authorized or required to be given to any person under this Ordinance may be given personally to that person or sent to him by registered post.
52. (1) The Governor in Council may make regulations for all or any of the following matters-
(a) regulating applications for licences and the renewal of licences and matters incidental to the licensing of persons to possess or deal in arms and ammunition, including-
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Page 26
24
Defence of exercising duc diligence in certain cases.
Delegation by Commissioner.
Service of notices.
Regulations.
CAP. 238]
Firearms and Ammunition
[1981 Ed.
49. (1) Where a person is in possession of arms or ammuni- tion in breach of section 13 or deals in arms or ammunition in breach of section 14 and such breach is of a kind mentioned in subsection (2) and would not have arisen but for the exercise of one of the powers mentioned in that subsection, it shall be a defence to a charge under either of the said sections if the person charged proves that-
(a)
(b)
(i) he was not given notice to deliver up the arms and ammunition under section 34(3); and
(ii) he could not by the exercise of all due diligence and the taking of all lawful measures reasonably available to him avoid being in possession of or dealing in the arms or ammunition in question or comply with the terms of the licence, as the case may be; or
(i) he was not given notice to deliver up the arms and ammunition under section 34(3); and
(ii) at the material time he had brought, or intended to bring, an appeal under section 35 against the decision; and
(iii) where an appeal had been brought, it had not been rejected by the Governor in Council or abandoned.
(2) Subsection (1) applies where-
(a) a licence is cancelled or a renewal is refused with the result that, after the expiry or cancellation of the licence. posses- sion of, or dealing in, arms or ammunition possessed by the person before the expiry or cancellation amounts to a breach of section 13 or 14; or
(b) a licence is amended or a condition is varied or added with the result that, after the amendment, variation or addition. the possession of arms or ammunition possessed by the person before the amendment. variation or addition amounts to a breach of section 13 or 14 because the licensee is unable to comply with the terms and conditions of the licence.
50. For the purposes of this Ordinance the Commissioner may in writing authorize any public officer by name. office or appoint- ment to exercise and perform the powers. functions and duties conferred or imposed upon the Commissioner by this Ordinance.
51. Any notice authorized or required to be given to any person under this Ordinance may be given personally to that person or sent to him by registered post.
52. (1) The Governor in Council may make regulations for all or any of the following matters-
(a) regulating applications for licences and the renewal of licences and matters incidental to the licensing of persons to possess or deal in arms and ammunition, including-
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