Cap. 217 - Weapons Ordinance

To prohibit the possession of certain weapons and to provide exemptions from such prohibition, to restrict the possession of martial arts weapons and to provide for incidental matters. [1 September 1981] L.N. 284 of 1981 (Format changes—E.R. 6 of 2019) Part I Preliminary 1. Short title This Ordinance may be cited as the Weapons Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Commissioner (處長) means the Commissioner of Police and in relation to any particular power, function or duty of the Commissioner under this Ordinance, means a person having authority under section 16 to exercise or perform it;dispose (處置) includes parting with possession;martial art (武術) includes akeido, bersilat, jui jitsu, judo, karate, kendo, kung-fu, mo ngai, san ta, taekwan-do, tai kik and any other form or style of fighting or self-defence however named or any combination or variation of the same;martial arts association (武術團體) means any club, society or association whether incorporated or unincorporated which has as part or the whole of its aims and objects, or in fact engages in, the promotion, demonstration, instruction or practice of any martial art;martial arts weapon (武術兵器) means any weapon used or designed for use as part of or in connexion with any martial art;member (成員) means a member of a martial arts association;office-bearer (幹事) of a martial arts association includes any person who is the president, vice-president, secretary, treasurer or member of the committee or governing body;possession (管有) in relation to any prohibited weapon or martial arts weapon includes the control by any person or martial arts association of any such weapon which is in the custody of another person or body of any kind whatsoever;prohibited weapon (違禁武器) means any weapon specified in the Schedule;repealed Ordinance (已廢除條例) means the repealed Arms and Ammunition Ordinance (Cap. 238, 1964 Ed.). 3. Application Part II does not apply to the possession of any prohibited weapon or martial arts weapon by any person—(a) on behalf of the Central People’s Government, including possession by an officer or member of the Chinese People’s Liberation Army who is in possession of any prohibited weapon or martial arts weapon in his capacity as such; or (Replaced 2 of 2012 s. 3)(b) on behalf of the Government of Hong Kong, including possession by an officer or member of any of the following in his capacity as such— (Amended 78 of 1999 s. 7)(i) (Repealed 20 of 1997 s. 25)(ii) the Government Flying Service; (Amended 54 of 1992 s. 19)(iii) the Hong Kong Police Force; (Amended L.N. 362 of 1997)(iv) the Hong Kong Auxiliary Police Force; (Amended L.N. 362 of 1997)(v) the Customs and Excise Service;(vi) the Correctional Services Department; (Amended L.N. 30 of 1982; 7 of 2021 s. 27)(vii) the Independent Commission Against Corruption; (Amended 7 of 2021 s. 27)(viii) the Immigration Service. (Added 7 of 2021 s. 27) Part II Prohibited and Martial Arts Weapons 4. Possession of prohibited weapons Any person who has possession of any prohibited weapon commits an offence and is liable to a fine at level 3 and to imprisonment for 3 years.(Amended E.R. 6 of 2019) 5. Possession of martial arts weapons (1) No martial arts association or member shall have possession of any martial arts weapon unless notice thereof has been given to the Commissioner in such form and in such manner as the Commissioner may from time to time specify.(2) Every martial arts association or member who obtains possession of a martial arts weapon shall, within 48 hours of obtaining possession, give notice thereof to the Commissioner in such form and in such manner as the Commissioner may from time to time specify. 6. Disposal of martial arts weapons (1) Every martial arts association or member who disposes of any martial arts weapon shall, within 48 hours of the disposal, give notice to the Commissioner of such details of the disposal in such form and in such manner as the Commissioner may from time to time specify.(2) Where any martial arts weapon is disposed of, in a case where subsection (1) applies, the martial arts association or person to whom the weapon was disposed shall provide the martial arts association or member who disposed of the weapon with any information necessary to enable subsection (1) to be complied with. 7. Martial arts weapons not to be removed from premises (1) Subject to subsection (2), a martial arts association or member shall not remove or allow to be removed any martial arts weapon from the premises in which it was located at the time possession of the weapon was notified to the Commissioner, except in accordance with the permission in writing given for that purpose by the Commissioner.(2) Subsection (1) shall not apply to the removal of a martial arts weapon on or after its disposal to a martial arts association or person where the disposal has been notified to the Commissioner under section 6. 8. Office-bearer to give notice in certain cases Where under section 5 or 6 any notice or information is required to be given in respect of the possession or disposal of a martial arts weapon by a martial arts association, the notice or information shall be given by an office-bearer of the association. 9. Commissioner may order the delivery up of martial arts weapons (1) The Commissioner may at any time in writing order the delivery up to him or seizure of any martial arts weapon where he considers that the possession of the weapon by any martial arts association or person is undesirable— (Amended L.N. 100 of 1984)(a) in the case of a martial arts association on the ground—(i) that he suspects that it is a Triad Society within the meaning of the Societies Ordinance (Cap. 151) or that it has any group of members who are members of such a society; or(ii) that any office-bearer, martial arts instructor or employee of the association has been convicted of a criminal offence involving any act of violence or the possession of any offensive weapon within the meaning of the Summary Offences Ordinance (Cap. 228) or the Public Order Ordinance (Cap. 245) or any prohibited weapon or martial arts weapon or the possession or use of any arms under the Firearms and Ammunition Ordinance (Cap. 238) or the repealed Ordinance; and(b) in the case of a person, on the ground—(i) that he suspects that the person is a member of a Triad Society within the meaning of the Societies Ordinance (Cap. 151); or(ii) that the person has been convicted of a criminal offence involving any act of violence or the possession of any offensive weapon within the meaning of the Summary Offences Ordinance (Cap. 228) or the Public Order Ordinance (Cap. 245) or any prohibited weapon or martial arts weapon or the possession or use of any arms under the Firearms and Ammunition Ordinance (Cap. 238) or the repealed Ordinance.(2) Where the Commissioner in writing orders the delivery up or seizure of any martial arts weapon under subsection (1) he shall in the order specify the ground on which it is made.(3) Any martial arts association or person aggrieved by an order of the Commissioner made in respect of that martial arts association or person, as the case may be, may, within 28 days after receiving notice of the order, appeal to the Administrative Appeals Board. (Replaced 6 of 1994 s. 46)(4) Nothing in subsection (3) shall relieve a martial arts association or person of the obligation to deliver up any martial arts weapon when ordered to do so by the Commissioner.(5) An order under subsection (1) may be served—(a) in the case of a martial arts association—(i) by delivering it personally to an office-bearer of the association; or(ii) by posting it by registered post to any premises occupied by the association; and(b) in the case of a person—(i) by delivering it to him personally; or(ii) by posting it by registered post addressed to him at his last known place of residence or business. 10. Offences relating to martial arts weapons (1) Where a martial arts association or member—(a) has possession of a martial arts weapon in respect of which notice has not been given to the Commissioner under section 5(1);(b) obtains possession of a martial arts weapon and fails to give notice thereof to the Commissioner under section 5(2) within the time specified in that section;(c) disposes of any martial arts weapon and fails to give notice of the details of the disposal to the Commissioner under section 6(1);(d) removes or allows to be removed any martial arts weapon from the premises in which it was located at the time possession or control of the weapon was notified to the Commissioner, except in accordance with the permission in writing given for that purpose by the Commissioner under section 7; or(e) fails to deliver up any martial arts weapon when ordered to do so by the Commissioner under section 9,the member, or in the case of a martial arts association every office-bearer and every person acting as such, commits an offence and is liable to a fine at level 2 and to imprisonment for 2 years. (Amended E.R. 6 of 2019)(2) Where a martial arts association or member—(a) delivers up or has had seized from it or him any martial arts weapon under section 9; and(b) subsequent to the delivery up or seizure commits an offence under subsection (1)(b),the member, or in the case of a martial arts association every office-bearer and every person acting as such, commits an offence and is liable to a fine at level 3 and to imprisonment for 3 years. (Amended E.R. 6 of 2019)(3) Where any person—(a) refuses to provide any information required under section 6(2);(b) makes any statement or provides any information for the purposes of section 6(2) which he knows to be false or misleading in a material particular, or recklessly makes any statement or provides any information which is false in a material particular; or(c) fails to deliver up any martial arts weapon when ordered to do so by the Commissioner under section 9,he commits an offence and is liable to a fine at level 2 and to imprisonment for 2 years. (Amended E.R. 6 of 2019)(4) Where an officer-bearer of a martial arts association or any person acting as such is charged with an offence under subsection (1) or (2) as the result of the commission of an offence by the association, it shall be a defence for him to prove that he exercised such diligence to ensure that the association complied with the provisions of this Ordinance in respect of which the offence has been charged, as he ought to have exercised having regard to the nature of his functions and all other circumstances. Part III Enforcement 11. Entry and search of premises and search of persons (1) If a magistrate is satisfied by information on oath in writing that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed, the magistrate may by warrant authorize any police officer—(a) to enter at any time any place, premises, vessel, vehicle, train or aircraft, if necessary by force, and to search the same and every person found there; and(b) to seize and detain—(i) any prohibited weapon or martial arts weapon which he may find and in connexion with which he has reason to suspect that an offence under this Ordinance has been, is being, or is about to be committed; and(ii) any thing which appears to him to be or to contain evidence that such an offence, or an attempt thereat, has been committed.(2) A person authorized under subsection (1) to exercise the powers in that subsection, or any of them, may be accompanied by such other police officers as may be necessary for the purpose.(3) No person shall be searched under this section or under section 12 except by a person of the same sex. 12. Power to stop and search (1) For the purposes of this Ordinance—(a) a police officer may stop and search any person and search the property of any person if—(i) the officer has reason to suspect that the person has any prohibited weapon or martial arts weapon in his possession; or(ii) the person is found in any place, premises, vessel, vehicle, train or aircraft in which any prohibited weapon or martial arts weapon is found; and(b) a member of the Customs and Excise Service may stop and search any person and search the property of any person if the person is arriving in or about to depart from Hong Kong and—(i) the member has reason to suspect that the person has any prohibited weapon in his possession; or(ii) the person is found in any place, premises, vessel, vehicle, train or aircraft in which any prohibited weapon is found.(2) On any such occasion—(a) a police officer may seize and detain any prohibited weapon or martial arts weapon; and(b) a member of the Customs and Excise Service may seize and detain any prohibited weapon,and, in either case, any thing provided in section 11(1)(b)(ii) which relates to the type of weapon authorized to be seized and detained under this subsection. 13. Seizure and forfeiture (1) A police officer may at any time seize, remove and detain any prohibited weapon or martial arts weapon if he has reason to suspect that an offence under this Ordinance is being or has been committed in respect thereof or that the weapon has been abandoned.(2) Upon the conviction of any person for an offence under section 4 or 10, the prohibited weapon or martial arts weapon in respect of which the offence was committed shall, without any order in that behalf, be forfeited to the Government and may be disposed of (whether by destruction or otherwise) by the Commissioner. (Amended 13 of 1999 s. 3) 14. Obstruction A person who obstructs a police officer or member of the Customs and Excise Service in the exercise of any power conferred on him by section 11, 12 or 13 commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(Amended E.R. 6 of 2019) Part IV Miscellaneous 15. Presumption that notice not given In any proceedings for an offence under section 10(1)(a), (b) or (c) or section 10(2) it shall be presumed until the contrary is proved that the Commissioner was not given the notice required in relation to the martial arts weapon in respect of which the offence has been charged. 16. Delegation by Commissioner 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 and imposed upon the Commissioner by this Ordinance. 17. Amendment of Schedule The Legislative Council may by resolution amend the Schedule. 18. Saving Nothing in this Ordinance shall be deemed to affect any provision relating to any offensive weapon under the Summary Offences Ordinance (Cap. 228) or the Public Order Ordinance (Cap. 245). 19. (Has had effect) 20. Transitional provisions Where in respect of a martial arts weapon, a martial arts association or member held a licence or exemption which—(a) had been issued under section 3(1) or (5) of the repealed Ordinance; and(b) was in force immediately before the commencement* of the Firearms and Ammunition Ordinance (Cap. 238),notice in relation to the weapon shall be deemed to have been given to the Commissioner under section 5(1) on the commencement* of this Ordinance. Editorial Note: * Commencement date: 1 September 1981. Schedule [ss. 2 & 17]Prohibited Weapon Chinese-style throwing dart Gravity knife Gravity-operated steel baton Knuckleduster whether spiked or not and with or without blade Chinese-style fighting iron Spring-loaded steel baton Any knife the blade of which is exposed by a spring or other mechanical or electric device (Added L.N. 394 of 1990) Any bladed or pointed weapon designed to be used in a fashion whereby the handle is held in a clenched fist and the blade or point protrudes between the fingers of the fist (Added L.N. 394 of 1990) (Amended L.N. 394 of 1990)