Contents of Section

Chapter:

238 PDFTitle:FIREARMS AND AMMUNITION ORDINANCEGazette Number:L.N. 193 of 2000
Section:2Heading:InterpretationVersion Date:26/05/2000

(1) In this Ordinance, unless the context otherwise requires-
"air gun" (氣槍) includes a gun which uses a compressed gas or compressed gases as a propellant; (Added 14 of 2000 s. 2)
"air pistol" (手槍型氣槍) includes a pistol which uses a compressed gas or compressed gases as a propellant; (Added 14 of 2000 s. 2)
"air rifle" (長槍型氣槍) includes a rifle which uses a compressed gas or compressed gases as a propellant; (Added 14 of 2000 s. 2)
"ammunition" (彈藥) means-

        (a) ammunition for the arms coming within paragraphs (a), (b), (c), (d) and (g) of the definition of "arms";
        (b) ammunition containing, or designed or adapted to contain, any noxious liquid, gas, powder or other similar thing coming within paragraph (e) of the definition of "arms";
        (c) grenades, bombs and other like missiles (whether capable of use with arms or not), and fuses, percussion caps and priming caps therefor;
        (d) a "cartridge" as defined in regulations relating to cartridge-operated fixing tools made under the Factories and Industrial Undertakings Ordinance (Cap 59);
        (e) any thing declared by the Chief Executive in Council in regulations made under section 52 to be ammunition for the purposes of this Ordinance; (Amended 13 of 1999 s. 3)
        (ea) a shot, bullet, missile or any other part of an article which constitutes ammunition under paragraph (a), (b), (c), (d) or (e); (Added 14 of 2000 s. 2)
        (f) any shell case or cartridge case,
but does not include-
        (i) a hand-grenade which can be used only for fire-fighting purposes;
        (ii) a shot, bullet, missile, used or empty shell case or cartridge case, or any other part of an article which constitutes ammunition under paragraph (a), (b), (c), (d) or (e), which is used only as an article of personal, household, or office adornment, (Replaced 14 of 2000 s. 2)
unless the same is included by virtue of regulations referred to in paragraph (e);
"appoint" (委任) includes employment; (Added 14 of 2000 s. 2)
"approved agent" (認可代理人) means a person approved as such under section 12A(2); (Added 14 of 2000 s. 2)
"armoury" (槍械庫) means an enclosed area approved under section 46A; (Added 14 of 2000 s. 2)
"arms" (槍械) means-
        (a) any firearm;
        (b) an air rifle, air gun or air pistol from which any shot, bullet or missile can be discharged with a muzzle energy greater than 2 joules;
        (c) any portable device which is designed or adapted to stun or disable a person by means of an electric shock applied either with or without direct contact with that person;
        (d) any gun, pistol or other propelling or releasing instrument from or by which a projectile containing any gas or chemical could be discharged;
        (e) any weapon for the discharge of any noxious liquid, gas, powder or other similar thing (including an aerosol containing any noxious liquid, gas, powder or other similar thing which is not in general trade or domestic use in aerosol form);
        (f) any harpoon or spear gun, however powered;
        (g) any other thing declared by the Chief Executive in Council in regulations made under section 52 to be within the definition of "arms" for the purpose of this Ordinance; (Amended 13 of 1999 s. 3)
        (h) a component part used or intended to be used for the discharge of a missile from any of the arms coming within the foregoing paragraphs, and any accessory to such arms designed or adapted to diminish the noise or flash caused by firing the same,
but does not include-
        (i) any "cartridge-operated fixing tool" as defined in regulations relating thereto made under the Factories and Industrial Undertakings Ordinance (Cap 59);
        (ii) any slingshot, catapult, bow or other similar weapon,
unless the same is included by virtue of regulations referred to in paragraph (g);
"authorized arms instructor" (獲授權槍械導師) means a person authorized as an arms instructor under section 12(2); (Added 14 of 2000 s. 2)
"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 pursuant to section 50 to exercise or perform it;
"deal in" (經營) means-
        (a) to manufacture, store, sell, let on hire, part with possession of, supply, import, export, procure, purchase, take on hire, take possession of, transport, repair, test, prove or to offer to do any of the foregoing; (Amended 14 of 2000 s. 2)
        (b) to expose for sale or hire or to have in possession for storage, sale, hire, supply, transport, repairing, testing or proving;
"dealer" (經營人) means a person who by way of trade or business deals in arms or ammunition but does not include any person referred to in section 3;
"dealer's licence" (經營人牌照) means, subject to subsection (4C), a licence granted under section 27(3) or 30(1)(b); (Amended 14 of 2000 s. 2)
"firearm" (火器) means a lethal barrelled weapon of any description from which any shot, bullet or missile can be discharged; [cf. 1968 c. 27 s. 57(1) U.K.]
"imitation firearm" (仿製火器) means any thing which has-
        (a) the appearance of being a firearm, but which is not within the definition of that term in this section;
        (b) the appearance of being an air rifle, air gun or air pistol but which is not within paragraph (b) of the definition of "arms" in this section;
        (c) the appearance of being a grenade, but which is not within the definition of "ammunition" in this section;
"licence" (牌照) means-
        (a) a dealer's licence;
        (b) a licence for possession;
"licence for possession" (管有權牌照) means, subject to subsection (4C), a licence granted under section 27(2) or 30(1)(a) or (b); (Amended 14 of 2000 s. 2)
"licensee" (持牌人) means a person to whom a licence has been granted;
"own" (擁有) includes hire or lease; (Added 14 of 2000 s. 2)
"range officer" (射擊場主任) means a person approved as a range officer under section 46C; (Added 14 of 2000 s. 2)
"responsible officer" (負責人員) means-
        (a) in relation to a corporation, a person who is a member of the board of directors of that corporation;
        (b) in relation to an unincorporated association of persons, a person who is a member of the management or executive committee (however described) of that association who holds the office of president, chairman, vice chairman, secretary or a similar office; or
        (c) any other person who holds an office in a corporation or an unincorporated association of persons who is wholly or mainly responsible for the management of that corporation or association; (Added 14 of 2000 s. 2)
"security guard" (保安護衞員) means a holder of a permit issued or renewed under the Security and Guarding Services Ordinance (Cap 460) that is valid for guarding any property or preventing or detecting the occurrence of any offence, or both. (Replaced 97 of 1994 s. 34)
"shooting club" (射擊會) means a corporation or an unincorporated association of persons having as an object the use of arms and ammunition by its members for the purposes of recreation, sport or competition; (Added 14 of 2000 s. 2)
"shooting range" (射擊場) means a place or premises approved as a shooting range under section 46B; (Added 14 of 2000 s. 2)
"specified form" (指明格式), in relation to any purpose in this Ordinance, means the form specified for that purpose under section 58, including particulars determined under that section. (Added 14 of 2000 s. 2)
(2) For the purposes of sections 13, 15 and 24-
        (a) a person is in possession of arms or ammunition or of any documents, keys or other things mentioned in section 24 if they are actually in his possession or under his control or are held by some other person subject to his control or instructions or for him or on his behalf;
        (b) a person parts with possession of arms or ammunition if he does anything whereby he ceases to be in possession, within the meaning in paragraph (a), of the arms or ammunition or of any document, keys or other thing mentioned in section 24.
(3) An article which would otherwise be within the definition of "ammunition" in subsection (1) shall not be excluded therefrom by reason only of the fact that it-
        (a) has been used; or
        (b) does not for the time being contain any explosive, gas or chemical.
(4) An article which would otherwise be within the definition of "arms" or "ammunition" in subsection (1) shall not be excluded therefrom by reason only of the fact that it is defective or out of repair. [cf. 1958 s. 2 New Zealand Arms Act]
(4A) An article which would otherwise come within the definition of "arms" or "ammunition" in subsection (1) shall not be excluded therefrom by reason only of the fact that it has been modified and adapted, in the case of-
        (a) "arms", so that it is-
          (i) capable of firing but not capable of discharging a shot, bullet, missile or other ammunition; or
          (ii) impractical to restore it to working order;
        (b) "ammunition", so that it is impractical to restore it to working order. (Added 14 of 2000 s. 2)
(4B) Any reference to terms and conditions in this Ordinance is to be construed as including further terms and conditions imposed by the Commissioner, where they have been so imposed. (Added 14 of 2000 s. 2)
(4C) For the purposes of sections 11, 12, 12A and 32, a licence does not include a licence granted under section 30. (Added 14 of 2000 s. 2)
(5) The use in this Ordinance of the expression "arms" shall not exclude the operation of section 7(2) of the Interpretation and General Clauses Ordinance (Cap 1), and accordingly the expression means the singular thereof where the context so requires.