Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 29

Part 2 offences (Chemical weapons)

PART 9

OFFENCES

(1) A person who contravenes section 5 commits an offence and is liable on
conviction on indictment to imprisonment for life.

(2) In proceedings for an offence under subsection (1), where section 5(a),
(b), (c) or (d) is applicable to an article, it is a defence for the person
charged with the offence to prove—

   (a)  that he neither knew nor suspected nor had reason to suspect that the
        article was a chemical weapon; or

   (b)  that he knew or suspected the article to be a chemical weapon and as
        soon as was practicable after he first so knew or suspected he took
        all reasonable steps to inform a
        member of the Customs and Excise Service or an authorized officer of
        his knowledge or suspicion.

(3) Nothing in subsection (2) prejudices any defence which it is open to a
person charged with an offence under section 5 to raise apart from that
subsection. [ cf. 1996 c. 6 s. 2(6), (7) & (8) U.K.]

(4) A person who contravenes section 7(1) commits an offence and is liable on
conviction to a fine at level 6 and to imprisonment for 6 months.