Hong Kong Ordinances

PUBLIC ORDER ORDINANCE - SECT 33

Possession of offensive weapon in public place

Caution: This is a past version. See the current version here.

(1) Any person who, without lawful authority or reasonable 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 ( Cap 226);

   (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 more than 3 years; (Replaced 73 of 1990
               s. 2)

        (ii)   to a detention order under the provisions of the Detention 
               Centres Ordinance ( Cap 239), but subject to the provisions of
               that Ordinance; or

        (iii)  (Repealed 73 of 1990 s. 2)

        (iv)   subject to the provisions of the Training Centres Ordinance (
               Cap 280), 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 more than 3 years; or (Replaced 73 of
               1990 s. 2)

        (ii)   to a detention order under the provisions of the Detention 
               Centres Ordinance ( Cap 239), but subject to the provisions of
               that Ordinance;

        (iii)  (Repealed 73 of 1990 s. 2)

   (d)  if of the age of 25 years or more, be sentenced to imprisonment for
        not more than 3 years. (Replaced 73 of 1990 s. 2)

(2A) (Repealed 73 of 1990 s. 2)

(3) Where any person, other than a person under the age of 14 years, is
charged with an offence under this section, it shall not be open to the court
to exercise either the powers conferred by section 36 of the
Magistrates Ordinance ( Cap 227) or the powers conferred by section 3 of the
Probation of Offenders Ordinance ( Cap 298).

(4) Where a person who is not less than 14 years of age and under 16 years of
age is convicted of an offence under this section, section  11 (2) of the
Juvenile Offenders Ordinance ( Cap 226) shall not apply in relation to such
person.

(5) No prosecution for an offence under this section 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, or the remand in custody or on bail of a person charged with
any such offence.

(6) Where a police officer reasonably believes that-

   (a)  an offence against section 18 or 19 has been committed, is being
        committed or may be committed in any place; and

   (b)  offensive weapons have been or may be used in the course of the
        commission of such offence, he may, within the vicinity of such place,
        stop and search any person in a public place in order to ascertain
        whether that person has been guilty of an offence against this
        section. (Replaced 77 of 1995 s. 12)

(7) Where a person is convicted of an offence under subsection (1), the court
may make an order for the forfeiture of any offensive weapon in respect of
which the offence was committed.

(8) In this section "public place" (公眾地方) includes a common part of
any premises notwithstanding that the public or a section of the public are
not entitled or permitted to have access to such common part or such premises.
(Added 20 of 1975 s. 2) (Replaced 45 of 1973 s. 2)

"public place" (公眾地方)