### Firearms and Ammunition Ordinance 《火器及彈藥條例》

18. Carrying arms or ammunition or imitation firearm with criminal intent
(1) A person commits an offence who has with him any arms or ammunition or imitation firearm with intent to commit an arrestable offence, or to resist arrest or prevent the arrest of another, in either case while he has the arms or ammunition or imitation firearm with him.
(2) In proceedings for an offence under subsection (1) proof that the accused had any arms or ammunition or imitation firearm with him and intended to commit an arrestable offence, or to resist or prevent arrest, is evidence that he intended to have the same with him while doing so.
(3) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for life. (Amended 59 of 1984 s. 5)
(4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Secretary for Justice but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence. (Added 59 of 1984 s. 5. Amended L.N. 362 of 1997)
(5) If in proceedings for an offence under subsection (1) the defendant is acquitted but it is proved that he is guilty of an offence under section 20 he shall be convicted of the offence under section 20 and shall be punishable accordingly notwithstanding that there is no consent to prosecute in accordance with subsection (3) of that section. (Added 59 of 1984 s. 5)
[cf. 1968 c. 27 s. 18 U.K.]

19. Trespassing with arms or ammunition or imitation firearm
(1) A person commits an offence who, while he has any arms or ammunition or imitation firearm with him, enters or is in any place as a trespasser and without reasonable excuse.
(2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years.
(3) In subsection (1), place (地方) means any land (including land covered with water) building, vehicle, vessel, train or aircraft or any part thereof. (Amended E.R. 6 of 2019)
(4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Secretary for Justice but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence. (Amended L.N. 362 of 1997)
[cf. 1968 c. 27 s. 20 U.K.]

### Firearms and Ammunition Ordinance 《火器及彈藥條例》

20. Possession of an imitation firearm
(1) Subject to subsections (2) and (3), any person who is in possession of an imitation firearm commits an offence and is liable to imprisonment for 2 years.
(2) Any person who, within 10 years of being convicted of an offence specified in the Schedule or of an offence under this Ordinance, commits an offence under subsection (1) is liable to imprisonment for 7 years.
(3) A person does not commit an offence under subsection (1) if he satisfies the magistrate that—
(a) at the relevant time he was under the age of 15; or
(b) he was in possession of the imitation firearm in his capacity as a person who deals in imitation firearms by way of trade or business, or as a servant of such a person carrying out his bona fide and lawful instructions; or
(c) he was not in possession of the imitation firearm for a purpose dangerous to the public peace, or of committing an offence, or in circumstances likely to lead to—
(i) the commission of an offence; or
(ii) the possession of the imitation firearm for a purpose dangerous to the public peace,
by himself or any other person.
(4) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Secretary for Justice but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence. (Amended L.N. 362 of 1997)

21. Converting imitation firearm into a firearm
(1) A person commits an offence who converts into a firearm anything which, though having the appearance of being a firearm, is so constructed as to be incapable of discharging any shot, bullet or missile through its barrel.
(2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 14 years. (Amended 59 of 1984 s. 6)
[cf. 1968 c.27 s. 4(3) U.K.]

22. Dangerous or reckless use of firearm etc.
(1) A person commits an offence who, without lawful authority or reasonable excuse, discharges or otherwise deals with any arms or ammunition in a manner likely to injure, or endanger the safety of, any person or property or with reckless disregard for the safety of others.
(2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to imprisonment for 7 years.
[cf. 1958 s. 16(2A) New Zealand Arms Act]

### Firearms and Ammunition Ordinance 《火器及彈藥條例》

23. Failure to comply with terms and conditions of licence, etc.
(1) Any person who holds a licence for possession of arms or ammunition or a dealer’s licence and who fails to comply with any term or condition of that licence, commits an offence and is liable—
(a) on conviction upon indictment to imprisonment for 10 years; and
(b) on summary conviction to a fine at level 3 and to imprisonment for 6 months.
(2) Any person who holds an exemption under section 4(3) and who fails to comply with any term or condition of that exemption, commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(3) Any person who fails to comply with any term or condition imposed by the Commissioner under section 9(b)(ii), commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 6 of 2019)

24. Presumptions
(1) Any person who is proved to have had in his physical possession—
(a) anything containing arms or ammunition, or both;
(b) the keys of any baggage, briefcase, box, case, cupboard, drawer, safe-deposit box, safe or other similar containers containing arms or ammunition, or both,
shall, until the contrary is proved, be presumed to have had the arms or ammunition, or both, as the case may be, in his possession.
(2) Any person who is proved or presumed to have had arms or ammunition, or both, in his possession shall, until the contrary is proved, be presumed to have known the nature of such arms or ammunition, or both, as the case may be.
(3) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the arms or ammunition, or both, as the case may be.
(Replaced 14 of 2000 s. 12)