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

37. Dealers to record particulars of all transactions
(1) Every dealer shall keep a register of transactions in the specified form and whenever he takes possession or parts with possession of any arms or ammunition for any purpose he shall, as soon as practicable and in any event within 24 hours after the completion of the transaction, record in that register, the particulars specified for the time being by the Commissioner for the purposes of this subsection. (Amended 14 of 2000 s. 23)
(2) Every dealer shall, within 7 days of the last day of each of January, May, August and November—
(a) record in the said register a statement of the exact quantity and description of arms and ammunition in his possession at the end of such month; and
(b) furnish a copy of that statement to the Commissioner.
(3) A dealer shall keep the said register at such of the premises at which he is authorized to carry on business as the Commissioner may approve.
(4) A person who is party to any transaction referred to in subsection (1) shall, when requested by the dealer, furnish him with such of the particulars referred to in that subsection as the dealer may reasonably require for the purpose of complying with that subsection. (Amended 14 of 2000 s. 23)

38. Inspection of register or of arms and ammunition
A police officer not below the rank of Sergeant, any public officer authorized in writing by the Commissioner or a member of the Customs and Excise Service not below the rank of Inspector may at all reasonable times—
(a) require any person having custody or control of the register required to be kept under section 37 to produce it to him for inspection;
(b) require any person to give any explanation or particulars concerning that register;
(c) enter and inspect any premises in which arms or ammunition are kept by a dealer, or are suspected to be so kept, and examine the arms or ammunition or make an inventory thereof.

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

39. Offences under this Part
(1) A person who fails to comply with subsection (1) or (2) of section 36 commits an offence.
(2) A person who fails to comply with any requirement in section 37 commits an offence.
(3) A person who knowingly makes any false or misleading entry in the register required to be kept under section 37(1) or the statement required to be recorded and furnished under section 37(2), or who knowingly furnishes any false or misleading information in purported compliance with section 37(4) or who recklessly makes any entry or furnishes any information as aforesaid which is false in a material particular commits an offence.
(4) A person who—
(a) fails to produce a register upon being required to do so under section 38;
(b) fails to furnish any explanation or particulars under section 38, so far as lies within his power to do so, or knowingly furnishes a false explanation or false particulars for the purposes of that section;
(c) obstructs any person in the exercise of his powers under section 38,
commits an offence.
(5) A person who commits any offence referred to in this section is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 6 of 2019)

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

40. Entry and search of premises and persons
(1) If a magistrate is satisfied by information on oath in writing that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed, the magistrate may by warrant authorize any police officer or member of the Customs and Excise Service—
(a) to enter at any time any place, premises, vessel, vehicle, train or aircraft, if necessary by force, and to search the same and every person found there;
(b) to seize and detain—
(i) any arms or ammunition or imitation firearm which he may find and in connexion with which he has reasonable grounds to suspect that an offence under this Ordinance has been, is being, or is about to be committed; and
(ii) any thing which appears to him to be or to contain evidence that such an offence, or an attempt thereat, has been committed.
(2) If a police officer of or above the rank of Superintendent is satisfied—
(a) that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed; and
(b) that—
(i) the exercise of the powers in subsection (1), or any of them, is necessary;
(ii) there would be delay in obtaining a warrant under subsection (1); and
(iii) the delay may defeat the purposes of the entry,
he may in writing give authority to any police officer to exercise the said powers, or any of them; and a member of the Customs and Excise Service of or above the rank of Superintendent may also, on being satisfied as aforesaid, give a like authority to a member of the Customs and Excise Service.
(3) A person authorized to exercise any power in subsection (1) shall have authority to act under section 38.
(4) A person authorized under subsection (1) or (2) to exercise the powers in subsection (1), or any of them, may be accompanied by such other police officers or members of the Customs and Excise Service as may be necessary for the purpose.
(5) No person shall be searched under this section or under section 41 except by a person of the same sex.
[cf. 1968 c. 27 s. 46(1) U.K.]

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

41. Power to stop and search
For the purposes of this Ordinance a police officer or a member of the Customs and Excise Service may—
(a) stop and search any person, and search the property of any person, if—
(i) such person is arriving in or about to depart from Hong Kong;
(ii) the officer or member has reasonable ground for suspecting that such person has any arms or ammunition or imitation firearm in his possession; or
(iii) such person is found in any vessel, vehicle, train, aircraft, premises or place in which any arms or ammunition or imitation firearm are found; and
(b) on any such occasion, seize and detain—
(i) any arms or ammunition or imitation firearm which he may find and in connexion with which he has reasonable grounds to suspect that an offence under this Ordinance has been, is being or is about to be committed; and
(ii) any thing which appears to him to be or to contain evidence that such an offence, or an attempt thereat, has been committed.
[cf. 1968 c. 27 s. 47(1) & (3) U.K. & Cap. 134 s. 52]

42. Power to search vehicles
(1) Where a police officer or a member of the Customs and Excise Service has reasonable ground for suspecting that any arms or ammunition or imitation firearms are in a vehicle in a public place or that a vehicle in any place is being or is about to be used in connexion with the commission of an offence under section 18 or 19 he may—
(a) search the vehicle, and for that purpose may require the person driving or in control of it to stop the vehicle;
(b) on any such occasion, seize and detain—
(i) any arms or ammunition or imitation firearm which he may find and in connexion with which he has reasonable grounds to suspect that an offence under this Ordinance has been, is being or is about to be committed; and
(ii) any thing which appears to him to be or to contain evidence that such an offence, or an attempt thereat, has been committed.
(2) A police officer or a member of the Customs and Excise Service may enter any place for the purpose of exercising any power conferred by subsection (1).
[cf. 1968 c. 27 s. 47(4) U.K.]

43. Obstruction
Any person who obstructs a police officer or member of the Customs and Excise Service in the exercise of any power conferred on him by section 40, 41 or 42 commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 6 of 2019)