### Crimes Ordinance 《刑事罪行條例》

57. Exclusion of public during hearing of proceedings for offence under this Part
In addition and without prejudice to any powers that a court or magistrate may possess to order the exclusion of the public from any proceedings if, in the course of proceedings, including proceedings on appeal, before a court or magistrate in respect of an offence under this Part, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the public safety, that all or any portion of the public shall be excluded during any part of the hearing, the court or magistrate may make an order to that effect, but the passing of sentence shall in any case take place in public.
(1 of 1966 s. 3 incorporated)[cf. 1920 c. 75 s. 8(4) U.K.]

58. Provisions of this Part not to exempt from proceedings under other provisions of laws
This Part shall not exempt any person from any indictment or proceeding for any offence which is punishable at common law or by Ordinance other than this Part, but no person shall be punished twice for the same criminal act.
(23 of 1913 s. 7 incorporated)[cf. 1883 c. 3 s. 7(4) U.K.]

58A. Manufacture of unmarked plastic explosive
Any person who manufactures any plastic explosive that is not marked with a designated detection agent commits an offence and is liable to imprisonment for 14 years.

58B. Possession etc. of unmarked plastic explosive
(1) Any person who, not being authorized for the purpose under this section, knowingly has in his possession or custody or under his control any unmarked plastic explosive commits an offence and is liable to imprisonment for 14 years.
(2) The Government Chemist or any member of the Chinese People’s Liberation Army or police officer designated for the purpose of this subsection by the Commander of the Hong Kong Garrison or the Commissioner of Police respectively are authorized to have possession or custody of unmarked plastic explosive, or to have such explosive under their control, if they do so— (Amended 2 of 2012 s. 3)
(a) in the course of their duties; and
(b) solely for—
(i) use in research, development or testing of new or modified explosives;
(ii) use in training in explosives detection or the development or testing of explosives detection equipment; or
(iii) forensic science purposes.
(3) Subsection (1) is subject to section 58F.

### Crimes Ordinance 《刑事罪行條例》

58C. Transfer of possession etc. of unmarked plastic explosive
(1) Any person who transfers possession, custody or control of any unmarked plastic explosive to any person, other than a person authorized under section 58B to have such possession or custody or to have such explosive under his control, commits an offence and is liable to imprisonment for 14 years.
(2) It shall be a defence to a charge under subsection (1) that the person transferring possession, custody or control of the unmarked plastic explosive believed on reasonable grounds that the other person was a person authorized under section 58B to have such possession or custody or to have such explosive under his control.

58D. Import and export of unmarked plastic explosive
(1) Any person who imports into or exports from Hong Kong any unmarked plastic explosive commits an offence and is liable to imprisonment for 14 years.
(2) This section shall not apply to—
(a) the importation into Hong Kong by—
(i) any member of the Chinese People’s Liberation Army acting with the written authorization of the Commander of the Hong Kong Garrison;
(ii) any police officer acting with the written authorization of the Commissioner of Police,
of such quantity of unmarked plastic explosive as may be required by the Commander of the Hong Kong Garrison or the Commissioner of Police respectively for a use or purpose specified in section 58B(2)(b)(i) to (iii); or (Amended 2 of 2012 s. 3)
(b) the export from Hong Kong, by any person referred to in paragraph (a)(i) or (ii), of any unmarked plastic explosive that was being held in Hong Kong immediately prior to the commencement of this Part, where such explosive is to be used by military or police authorities outside Hong Kong in the course of their duties.

58E. Forfeiture, seizure and destruction of unmarked plastic explosive
(1) Where a person is convicted of an offence under this Part, any unmarked plastic explosive seized in connection with the offence shall become forfeited.
(2) Any unmarked plastic explosive not lawfully in the possession, custody or control of any person may be seized by the Commissioner of Police and shall upon such seizure become forfeited.
(3) Any unmarked plastic explosive forfeited under or by virtue of this section shall, as soon as reasonably practicable after such forfeiture, unless required by the Commander of the Hong Kong Garrison or the Commissioner of Police for a use or purpose specified in section 58B(2)(b)(i) to (iii), be destroyed by the Commissioner of Police. (Amended 2 of 2012 s. 3)

### Crimes Ordinance 《刑事罪行條例》

58F. Exemption period for police officers and members of Chinese People’s Liberation Army
(Amended 2 of 2012 s. 3)Notwithstanding section 58B, during the period of 15 years beginning from the commencement of this Part it shall not be an offence under that section for any member of the Chinese People’s Liberation Army or police officer designated for the purpose of this section by the Commander of the Hong Kong Garrison or the Commissioner of Police respectively to have in his possession or custody or under his control, in the course of and solely for the purpose of the performance of his duties, any unmarked plastic explosive that was being held in Hong Kong immediately prior to such commencement.
(Amended 2 of 2012 s. 3)

### Crimes Ordinance 《刑事罪行條例》

59. Interpretation
(1)  In this Part, property (財產) means—
(a) property of a tangible nature, whether real or personal, including money and—
(i) including wild creatures which have been tamed or are ordinarily kept in captivity, and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession; but
(ii) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land; or
(b) any program, or data, held in a computer or in a computer storage medium, whether or not the program or data is property of a tangible nature.

In this subsection, mushroom (菌類植物) includes any fungus and plant (植物) includes any shrub or tree. (Replaced 23 of 1993 s. 3)
(1A) In this Part, to destroy or damage any property (摧毀或損壞財產) in relation to a computer includes the misuse of a computer.

In this subsection, misuse of a computer (誤用電腦) means—
(a) to cause a computer to function other than as it has been established to function by or on behalf of its owner, notwithstanding that the misuse may not impair the operation of the computer or a program held in the computer or the reliability of data held in the computer;
(b) to alter or erase any program or data held in a computer or in a computer storage medium;
(c) to add any program or data to the contents of a computer or of a computer storage medium,
and any act which contributes towards causing the misuse of a kind referred to in paragraph (a), (b) or (c) shall be regarded as causing it. (Added 23 of 1993 s. 3)

(2) Property shall be treated for the purposes of this Part as belonging to any person—
(a) having the custody or control of it;
(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or
(c) having a charge on it.
(3) Where property is subject to a trust, the persons to whom it belongs shall be so treated as including any person having a right to enforce the trust.
(4) Property of a corporation sole shall be so treated as belonging to the corporation notwithstanding a vacancy in the corporation.
(Added 48 of 1972 s. 3)[cf. 1971 c. 48 s. 10 U.K.]