Firearms And Ammunition Ordinance


Published: 1997-06-30

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Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 1

Chapter: 238 FIREARMS AND AMMUNITION ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To repeal and replace the Arms and Ammunition Ordinance.


[1 September 1981] L.N. 283 of 1981

(Originally 68 of 1981)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Firearms and Ammunition Ordinance.

Section: 2 Interpretation L.N. 193 of 2000 26/05/2000


(1) In this Ordinance, unless the context otherwise requires-
"air gun" (氣槍) includes a gun which uses a compressed gas or compressed gases as a propellant; (Added 14 of 2000

s. 2)
"air pistol" (手槍型氣槍) includes a pistol which uses a compressed gas or compressed gases as a propellant;

(Added 14 of 2000 s. 2)
"air rifle" (長槍型氣槍) includes a rifle which uses a compressed gas or compressed gases as a propellant; (Added

14 of 2000 s. 2)
"ammunition" (彈藥) means-

(a) ammunition for the arms coming within paragraphs (a), (b), (c), (d) and (g) of the definition of "arms";
(b) ammunition containing, or designed or adapted to contain, any noxious liquid, gas, powder or other

similar thing coming within paragraph (e) of the definition of "arms";
(c) grenades, bombs and other like missiles (whether capable of use with arms or not), and fuses,

percussion caps and priming caps therefor;
(d) a "cartridge" as defined in regulations relating to cartridge-operated fixing tools made under the

Factories and Industrial Undertakings Ordinance (Cap 59);
(e) any thing declared by the Chief Executive in Council in regulations made under section 52 to be

ammunition for the purposes of this Ordinance; (Amended 13 of 1999 s. 3)
(ea) a shot, bullet, missile or any other part of an article which constitutes ammunition under paragraph (a),

(b), (c), (d) or (e); (Added 14 of 2000 s. 2)
(f) any shell case or cartridge case,

but does not include-
(i) a hand-grenade which can be used only for fire-fighting purposes;
(ii) a shot, bullet, missile, used or empty shell case or cartridge case, or any other part of an article which

constitutes ammunition under paragraph (a), (b), (c), (d) or (e), which is used only as an article of
personal, household, or office adornment, (Replaced 14 of 2000 s. 2)

unless the same is included by virtue of regulations referred to in paragraph (e);
"appoint" (委任) includes employment; (Added 14 of 2000 s. 2)
"approved agent" (認可代理人) means a person approved as such under section 12A(2); (Added 14 of 2000 s. 2)
"armoury" (槍械庫) means an enclosed area approved under section 46A; (Added 14 of 2000 s. 2)
"arms" (槍械) means-

(a) any firearm;
(b) an air rifle, air gun or air pistol from which any shot, bullet or missile can be discharged with a muzzle

energy greater than 2 joules;



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 2

(c) any portable device which is designed or adapted to stun or disable a person by means of an electric
shock applied either with or without direct contact with that person;

(d) any gun, pistol or other propelling or releasing instrument from or by which a projectile containing any
gas or chemical could be discharged;

(e) any weapon for the discharge of any noxious liquid, gas, powder or other similar thing (including an
aerosol containing any noxious liquid, gas, powder or other similar thing which is not in general trade
or domestic use in aerosol form);

(f) any harpoon or spear gun, however powered;
(g) any other thing declared by the Chief Executive in Council in regulations made under section 52 to be

within the definition of "arms" for the purpose of this Ordinance; (Amended 13 of 1999 s. 3)
(h) a component part used or intended to be used for the discharge of a missile from any of the arms

coming within the foregoing paragraphs, and any accessory to such arms designed or adapted to
diminish the noise or flash caused by firing the same,

but does not include-
(i) any "cartridge-operated fixing tool" as defined in regulations relating thereto made under the Factories

and Industrial Undertakings Ordinance (Cap 59);
(ii) any slingshot, catapult, bow or other similar weapon,

unless the same is included by virtue of regulations referred to in paragraph (g);
"authorized arms instructor" (獲授權槍械導師) means a person authorized as an arms instructor under section

12(2); (Added 14 of 2000 s. 2)
"Commissioner" (處長) means the Commissioner of Police and, in relation to any particular power, function or duty

of the Commissioner under this Ordinance, means a person having authority pursuant to section 50 to exercise or
perform it;

"deal in" (經營) means-
(a) to manufacture, store, sell, let on hire, part with possession of, supply, import, export, procure,

purchase, take on hire, take possession of, transport, repair, test, prove or to offer to do any of the
foregoing; (Amended 14 of 2000 s. 2)

(b) to expose for sale or hire or to have in possession for storage, sale, hire, supply, transport, repairing,
testing or proving;

"dealer" (經營人) means a person who by way of trade or business deals in arms or ammunition but does not include
any person referred to in section 3;

"dealer's licence" (經營人牌照) means, subject to subsection (4C), a licence granted under section 27(3) or 30(1)(b);
(Amended 14 of 2000 s. 2)

"firearm" (火器) means a lethal barrelled weapon of any description from which any shot, bullet or missile can be
discharged; [cf. 1968 c. 27 s. 57(1) U.K.]

"imitation firearm" (仿製火器) means any thing which has-
(a) the appearance of being a firearm, but which is not within the definition of that term in this section;
(b) the appearance of being an air rifle, air gun or air pistol but which is not within paragraph (b) of the

definition of "arms" in this section;
(c) the appearance of being a grenade, but which is not within the definition of "ammunition" in this

section;
"licence" (牌照) means-

(a) a dealer's licence;
(b) a licence for possession;

"licence for possession" (管有權牌照) means, subject to subsection (4C), a licence granted under section 27(2) or
30(1)(a) or (b); (Amended 14 of 2000 s. 2)

"licensee" (持牌人) means a person to whom a licence has been granted;
"own" (擁有) includes hire or lease; (Added 14 of 2000 s. 2)
"range officer" (射擊場主任) means a person approved as a range officer under section 46C; (Added 14 of 2000 s.

2)
"responsible officer" (負責人員) means-

(a) in relation to a corporation, a person who is a member of the board of directors of that corporation;



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 3

(b) in relation to an unincorporated association of persons, a person who is a member of the management
or executive committee (however described) of that association who holds the office of president,
chairman, vice chairman, secretary or a similar office; or

(c) any other person who holds an office in a corporation or an unincorporated association of persons who
is wholly or mainly responsible for the management of that corporation or association; (Added 14 of
2000 s. 2)

"security guard" (保安護衞員) means a holder of a permit issued or renewed under the Security and Guarding
Services Ordinance (Cap 460) that is valid for guarding any property or preventing or detecting the occurrence
of any offence, or both. (Replaced 97 of 1994 s. 34)

"shooting club" (射擊會) means a corporation or an unincorporated association of persons having as an object the use
of arms and ammunition by its members for the purposes of recreation, sport or competition; (Added 14 of 2000
s. 2)

"shooting range" (射擊場) means a place or premises approved as a shooting range under section 46B; (Added 14 of
2000 s. 2)

"specified form" (指明格式), in relation to any purpose in this Ordinance, means the form specified for that purpose
under section 58, including particulars determined under that section. (Added 14 of 2000 s. 2)
(2) For the purposes of sections 13, 15 and 24-

(a) a person is in possession of arms or ammunition or of any documents, keys or other things mentioned
in section 24 if they are actually in his possession or under his control or are held by some other person
subject to his control or instructions or for him or on his behalf;

(b) a person parts with possession of arms or ammunition if he does anything whereby he ceases to be in
possession, within the meaning in paragraph (a), of the arms or ammunition or of any document, keys
or other thing mentioned in section 24.

(3) An article which would otherwise be within the definition of "ammunition" in subsection (1) shall not be
excluded therefrom by reason only of the fact that it-

(a) has been used; or
(b) does not for the time being contain any explosive, gas or chemical.

(4) An article which would otherwise be within the definition of "arms" or "ammunition" in subsection (1) shall
not be excluded therefrom by reason only of the fact that it is defective or out of repair. [cf. 1958 s. 2 New Zealand
Arms Act]

(4A) An article which would otherwise come within the definition of "arms" or "ammunition" in subsection (1)
shall not be excluded therefrom by reason only of the fact that it has been modified and adapted, in the case of-

(a) "arms", so that it is-
(i) capable of firing but not capable of discharging a shot, bullet, missile or other ammunition; or
(ii) impractical to restore it to working order;

(b) "ammunition", so that it is impractical to restore it to working order. (Added 14 of 2000 s. 2)
(4B) Any reference to terms and conditions in this Ordinance is to be construed as including further terms and

conditions imposed by the Commissioner, where they have been so imposed. (Added 14 of 2000 s. 2)
(4C) For the purposes of sections 11, 12, 12A and 32, a licence does not include a licence granted under section

30. (Added 14 of 2000 s. 2)
(5) The use in this Ordinance of the expression "arms" shall not exclude the operation of section 7(2) of the

Interpretation and General Clauses Ordinance (Cap 1), and accordingly the expression means the singular thereof
where the context so requires.

Part: II APPLICATION 30/06/1997




Section: 3 Possession on behalf of the Government etc.* 2 of 2012 17/02/2012


Sections 13 and 14 do not apply to the possession of, or dealing in, arms or ammunition by any person-
(a) on behalf of the Central People’s Government, including possession by an officer or member of the

Chinese People’s Liberation Army who is in possession of or deals in the arms or ammunition in his
capacity as such; or (Replaced 2 of 2012 s. 3)



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 4

(b) on behalf of the Government of Hong Kong, including possession by an officer or member of any of
the following in his capacity as such- (Amended 78 of 1999 s. 7)
(i) (Repealed 20 of 1997 s. 25);
(ii) the Government Flying Service; (Amended 54 of 1992 s. 19)
(iii) the Hong Kong Police Force; (Amended L.N. 362 of 1997)
(iv) the Hong Kong Auxiliary Police Force; (Amended L.N. 362 of 1997)
(v) the Customs and Excise Service;
(vi) the Correctional Services Department; (Amended L.N. 30 of 1982)
(vii) the Independent Commission Against Corruption; (Amended 14 of 2000 s. 3)
(viii) the Agriculture, Fisheries and Conservation Department. (Added 14 of 2000 s. 3. Amended 23

of 2002 s. 125)
_________________________________________________________________________________
Note:
* (Amended 2 of 2012 s. 3)

Section: 4 Possession by exempted person 13 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made-see 13 of 1999 s. 3


(1) Section 13 does not apply to the possession of arms or ammunition by a person who is in possession thereof
under and in accordance with an exemption granted by the Chief Executive under subsection (2) or by the
Commissioner under subsection (3). (Amended 13 of 1999 s. 3)

(2) The Chief Executive may by notice in the Gazette exempt any person or class or description of persons
from the prohibition in section 13 either generally or to such limited extent as he may specify, and may at any time by
notice in the Gazette vary or revoke the exemption. (Amended 13 of 1999 s. 3)

(3) The Commissioner may in writing-
(a) exempt any person from the prohibition in section 13 in respect of the possession of specified arms and

any specified quantity of ammunition therefor, or in respect of specified ammunition, or in respect of
specified arms and ammunition;

(b) grant such exemption for an indefinite or for a specified period and on such terms and conditions as he
thinks fit;

(c) at any time, by notice in writing, vary or revoke the exemption; and
(d) waive payment of any fee prescribed in respect of an exemption under this subsection.


Section: 5 Possession for the protection of life or property on vessels 13 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made-see 13 of 1999 s. 3


(1) Section 13 does not apply to the possession of arms or ammunition by the owner or person in charge of a
vessel, or by a person who is authorized by the owner or person in charge of a vessel to have such possession, if the
arms or ammunition-

(a) are carried on a vessel, other than a specified vessel; and
(b) are part of the equipment reasonably required to be carried on such vessel for the protection of life or

property; and
(c) remain at all times on the vessel while it is in Hong Kong.

(2) In subsection (1)-
"vessel" (船隻) means-

(a) any ship, junk, boat, dynamically supported craft, seaplane, or other description of vessel used in
navigation;

(b) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or
adapted for use in navigation; and

"specified vessel" (指明船隻) means-
(a) any vessel regularly employed in trading or going within river trade limits (as defined in the Shipping



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 5

and Port Control Ordinance (Cap 313));
(b) any vessel employed in sea fishing;
(c) any vessel used for pleasure purposes;
(d) any other description of vessel, whether self-propelled or not, used in navigation solely within the

waters of Hong Kong;
(e) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or

adapted for use in navigation;
(f) any other vessel or description of vessel which the Chief Executive may declare by notice in the

Gazette to be a specified vessel,
whether the vessel is provided with a certificate of registry or a certificate of provisional registry granted under
the Merchant Shipping (Registration) Ordinance (Cap 415), or with any document granted in a place outside
Hong Kong and similar or equivalent in effect to any such certificate. (Replaced 13 of 1999 s. 3)


Section: 6 Possession of arms or ammunition carried on aircraft L.N. 193 of 2000 26/05/2000


Sections 13 and 14 do not apply to possession, storage, importation, exportation or transport of arms or
ammunition by the owner or person in charge of an aircraft, or by a person who is authorized by the owner or person
in charge of an aircraft to possess, store, import, export or transport arms or ammunition, if the arms or ammunition-
(Amended 14 of 2000 s. 4)

(a) are part of the equipment reasonably required to be carried on such aircraft for the protection of life or
property or are carried on behalf of a passenger on the aircraft; and

(b) are committed to the custody of a member of the Customs and Excise Service while the aircraft is in
Hong Kong; and

(c) are only in the possession of the said owner or other person at any time when such possession is
necessary-
(i) before delivery of the arms or ammunition to, or after their collection from, a member of the

Customs and Excise Service; or (Amended 14 of 2000 s. 4)
(ii) because it is not practicable to comply with paragraph (b) by reason of the short duration of the

aircraft's presence in Hong Kong.

Section: 7 Possession on ship or aircraft of foreign state L.N. 362 of 1997 01/07/1997


(1) Section 13 does not apply to the possession of arms or ammunition by any person who is authorized to have
such possession by the appropriate authority having jurisdiction on any ship of war or military aircraft of a foreign
state if the arms or ammunition remain at all times on the ship or aircraft while it is in Hong Kong.

(2) A certificate under the hand of the Chief Secretary for Administration shall be conclusive proof that a ship
or aircraft is or is not one to which subsection (1) applies. (Amended L.N. 362 of 1997)

Section: 8 Possession of arms and ammunition in transit L.N. 193 of 2000 26/05/2000


(1) Sections 13 and 14 do not apply to the possession of or dealing in arms or ammunition by a person whose
possession or dealing is limited to arms or ammunition- (Amended 14 of 2000 s. 5)

(a) which are brought into Hong Kong only in the course of being transported as cargo to some other
place; and

(b) which are-
(i) recorded as cargo in the manifest of the vessel or aircraft on board which they are brought into

Hong Kong and remain on board such vessel or aircraft at all times while it is in Hong Kong;
(ii) in the case of a vessel, are part of the personal baggage of a passenger and remain on board such

vessel in a securely locked cabin or container at all times while it is in Hong Kong.
(2) Sections 13 and 14 do not apply to the possession of or dealing in arms or ammunition by a person whose

possession or dealing is limited to arms or ammunition-
(a) which are brought into Hong Kong on board-

(i) a vessel to be transported as cargo to some other place in another vessel or aircraft; or
(ii) an aircraft to be transported as cargo to some other place in a vessel,
if-



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 6

(A) the arms or ammunition are recorded as cargo in the manifest of the vessel or aircraft in which
they are brought into Hong Kong and the manifest of the vessel or aircraft in which they are
transported out of Hong Kong; and

(B) the arms or ammunition remain on board either the vessel or aircraft in which they are brought
into Hong Kong or the vessel or aircraft in which they are to be transported out of Hong Kong, at
all times, except during the transfer to that vessel or aircraft, while the arms or ammunition are in
Hong Kong; and

(C) the Commissioner is given notice before the arms or ammunition are transferred to the vessel or
aircraft in which they are to be transported out of Hong Kong, of the particulars of the arms or
ammunition and the date, time and place of arrival in Hong Kong of the vessel or aircraft in
which they are brought into Hong Kong and the date, time and place of departure from Hong
Kong of the vessel or aircraft in which they are to be transported out of Hong Kong; or

(b) which are brought into Hong Kong on board an aircraft ("the first aircraft") to be transported as cargo
to some other place in another aircraft ("the second aircraft"), if-
(i) the arms or ammunition are recorded as cargo in the manifest of the first aircraft and the manifest

of the second aircraft; and
(ii) the arms or ammunition-

(A) remain on board either the first aircraft or the second aircraft, at all times, except during the
transfer to the second aircraft, while the arms or ammunition are in Hong Kong; or

(B) are transferred from the first aircraft to a place of storage designated for the purpose by the
Commissioner of Customs and Excise in the restricted area, within the meaning of section
2 of the Aviation Security Ordinance (Cap 494), and remain there until they are transferred
to the second aircraft to be transported out of Hong Kong. (Added 14 of 2000 s. 5)


Section: 9 Possession for purposes of export 30/06/1997


Sections 13 and 14 do not apply to the possession, storage or transport of arms or ammunition by a person if that
person-

(a) has received them by delivery from a licensed dealer in the ordinary course of business, or from some
other person authorized to have possession of them, and has done so as the carrier, or the agent or
employee of the carrier, on whose aircraft, vessel, train or vehicle the arms or ammunition are to be
exported from Hong Kong; or

(b) is in possession of arms or ammunition after they have been delivered as described in paragraph (a)
and-
(i) ensures that the arms or ammunition are recorded in the manifest of the aircraft, vessel, train or

vehicle on which they are to be so exported; and
(ii) ensures that prior to their being placed on such aircraft, vessel, train or vehicle, they are kept in a

manner and place approved by the Commissioner, on such terms and conditions as the
Commissioner thinks fit; and

(iii) does not cause any avoidable delay in their being placed on such aircraft, vessel, train or vehicle;
and

(iv) after they have been so placed, does not remove them from the aircraft, vessel, train or vehicle at
any time while it is in Hong Kong or take possession after they have been so removed by some
other person.


Section: 9A Possession by carriers, their agents or employees L.N. 193 of 2000 26/11/2000


Sections 13 and 14 do not apply to the possession or transport of arms or ammunition by a carrier or an agent or
employee of a carrier if the possession or transport is in the presence of the licensee of the arms or ammunition
concerned or the approved agent of that licensee and the arms or ammunition was received in the ordinary course of
business by the carrier or the agent or employee of the carrier from that licensee or approved agent.

(Added 14 of 2000 s. 6)




Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 7

Section: 10 Possession of cartridges for fixing tools 30/06/1997


Sections 13 and 14 do not apply to the possession of, or dealing in, any cartridge mentioned in paragraph (d) of
the definition of "ammunition" in section 2 by any person if that person is in possession thereof-

(a) as a dealer in such cartridges or as a servant of a dealer carrying out the bona fide and lawful
instructions of the dealer; or

(b) in connection with the bona fide use of the cartridge for work in conjunction with a "cartridge-operated
fixing tool" as defined in regulations made under the Factories and Industrial Undertakings Ordinance
(Cap 59).


Section: 11 Possession by corporations, associations of persons, and

members thereof
L.N. 193 of 2000 26/11/2001



(1) Section 13 does not apply to the possession of arms or ammunition by a corporation if a responsible officer
of the corporation holds a licence for possession which is expressed to be held on behalf of the corporation and if he
and the corporation respectively comply with such of the terms and conditions of that licence as are applicable to him
and it.

(2) Section 13 does not apply to the possession of arms and ammunition by any person if-
(a) he is in possession as a member of a shooting club which owns the arms or ammunition; (Amended 14

of 2000 s. 7)
(aa) he-

(i) holds a licence for possession of arms or ammunition of the same type, class or description as the
arms or ammunition he is in possession of as a member of the shooting club; or

(ii) has successfully completed a prescribed course of instruction under the supervision of an
authorized arms instructor in the use and handling of arms or ammunition of the same type, class
or description he is in possession of as a member of the shooting club; (Added 14 of 2000 s. 7)

(b) (Repealed 14 of 2000 s. 7)
(c) a responsible officer of the shooting club holds a licence for possession which is expressed to be held

on behalf of the shooting club; (Amended 14 of 2000 s. 7)
(ca) he reasonably believes that the terms and conditions of the licence referred to in paragraph (c) are

complied with; and (Added 14 of 2000 s. 7)
(d) the possession is only-

(i) for the purposes of recreation, sport or competition at a shooting range; or
(ii) for storage in an armoury, or for repair, testing or proving of the arms or ammunition at a

shooting range. (Replaced 14 of 2000 s. 7)
(3) In this section-

"prescribed course of instruction" (訂明訓練課程) means a course the contents and extent of which have been
determined by the Commissioner under section 52(1)(a)(iib). (Added 14 of 2000 s. 7)


Section: 12 Possession for purposes of instruction L.N. 193 of 2000 26/11/2000


(1) Section 13 does not apply to the possession by any person of arms or ammunition belonging to a licensee
who holds a licence for possession of those arms or ammunition if- (Amended 14 of 2000 s. 8)

(a) such person has possession for the purpose of being instructed in the use and handling of arms and
ammunition; (Amended 14 of 2000 s. 8)

(b) the instruction takes place on premises or at a place approved by the Commissioner;
(c) such person, while in possession, remains at all times under the supervision of the licensee or his

approved agent, who is an authorized arms instructor authorized for that particular type, class or
description of arms or ammunition; and (Amended 14 of 2000 s. 8)

(d) such person is aged 15 years or over.
(2) The Commissioner may, upon the application of-

(a) a licensee; or
(b) the approved agent of a licensee,

authorize in writing the applicant to instruct other persons in the use and handling of arms and ammunition of a type,



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 8

class or description specified by the Commissioner in relation to the authorization. (Added 14 of 2000 s. 8)
(3) The Commissioner may specify the period for which an authorization is given under subsection (2).

(Added 14 of 2000 s. 8)
(4) The Commissioner may attach such conditions as he thinks fit to an authorization under subsection (2).

(Added 14 of 2000 s. 8)
(5) The Commissioner may revoke an authorization or vary or revoke any condition attached to an

authorization or add further conditions to an authorization. (Added 14 of 2000 s. 8)
(6) In exercising the powers under this section to grant or revoke an authorization, the Commissioner shall, in

addition to any other relevant matter that he may reasonably take into consideration, have regard to-
(a) whether the person concerned is or has ceased to be a fit and proper person to be an authorized arms

instructor; and
(b) whether it is objectionable, for reasons of public safety and security, for that person to be an authorized

arms instructor. (Added 14 of 2000 s. 8)
(7) For the avoidance of doubt it is stated that-

(a) section 13 does not apply to the possession, by an approved agent who is an authorized arms instructor,
of arms or ammunition for the possession of which he is approved under section 12A(2), for the
purposes of instruction;

(b) subject to paragraph (a), an authorization under this section does not exempt the person authorized
from the requirements to be complied with by a person under this Ordinance in relation to the
possession of or dealing in arms or ammunition. (Added 14 of 2000 s. 8)


Section: 12A Possession by approved agents L.N. 193 of 2000 26/11/2000


(1) Sections 13 and 14 do not apply to the possession of, or dealing in, arms or ammunition (being the arms and
ammunition referred to in subsection (2)) by a person who is-

(a) the approved agent of a licensee; and
(b) carrying out the bona fide and lawful instructions of the licensee where those instructions relate to the

duties, obligations and responsibilities of a licensee under this Ordinance.
(2) The Commissioner may, upon the application of a licensee, approve in writing, as an approved agent, a

person who is appointed or proposed to be appointed by the licensee to possess or deal in the arms and ammunition in
respect of which the licensee's licence is granted.

(3) The Commissioner may attach such conditions as he thinks fit to an approval under subsection (2).
(4) The Commissioner may specify the period for which an approval is given under subsection (2).
(5) The Commissioner may revoke an approval or vary or revoke any condition attached to an approval or add

further conditions to an approval.
(6) In exercising the powers under this section to grant or revoke an approval, the Commissioner shall, in

addition to any other relevant matter that he may reasonably take into consideration, have regard to-
(a) whether the person concerned is or has ceased to be a fit and proper person to be an approved agent;

and
(b) whether it is objectionable, for reasons of public safety and security, for that person to be an approved

agent.
(7) This section is not to be construed as permitting a person appointed or proposed to be appointed by a

licensee as a security guard to possess arms or ammunition without a licence.
(Added 14 of 2000 s. 9)


Section: 12B Possession of arms or ammunition for being tested on

application for licence, or while transporting for testing or
inspection

L.N. 193 of 2000 28/06/2000



(1) Section 13 does not apply to the possession by a person, in the course of taking a test conducted by the
Commissioner on the use or handling of arms or ammunition, of the arms or ammunition with which the test is
conducted.

(2) Sections 13 and 14 do not apply to the possession by a licensee or his approved agent of arms or
ammunition to which the licence relates, in the course of transporting the arms or ammunition, for the purpose of
testing or inspection by the Commissioner, to and from the place at which the testing or inspection is to take place.



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 9

(Added 14 of 2000 s. 9)

Part: III OFFENCES 30/06/1997




Section: 13 Possession of arms or ammunition without licence L.N. 193 of 2000 26/11/2000


(1) No person shall have in his possession any arms or ammunition unless-
(a) he holds a licence for possession of such arms or ammunition or a dealer's licence therefor; or
(b) (Repealed 14 of 2000 s. 10)

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction upon indictment to
a fine of $100000 and to imprisonment for 14 years. (Amended 59 of 1984 s. 2)

Section: 14 Dealing in arms or ammunition without a licence 30/06/1997


(1) No person shall by way of trade or business deal in any arms or ammunition unless he holds a dealer's
licence authorizing him to do so.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction upon indictment to
a fine of $100000 and to imprisonment for 10 years.

[cf. 1968 c. 27 s. 3(1) U.K.]

Section: 15 Giving possession of arms or ammunition to unlicensed

person and obtaining possession by false pretences
L.N. 193 of 2000 26/11/2000



(1) No person shall part with possession of arms or ammunition to another person or knowingly permit or allow
another person to obtain possession thereof (other than an approved agent) unless that other person- (Amended 14 of
2000 s. 11)

(a) produces a licence for possession or a dealer's licence granted to him and authorizing him to have
possession thereof; or

(b) shows that, pursuant to Part II, section 13 does not apply to the possession by him of the arms or
ammunition in question.

(2) If a person takes all reasonably available steps and exercises all due diligence to satisfy himself for the
purposes of subsection (1) that-

(a) a document produced under paragraph (a) thereof is a valid and effectual licence authorizing the other
person to have possession of the arms or ammunition in question; or

(b) section 13 does not apply to the possession by the other person of the arms or ammunition in question,
the first-mentioned person does not commit an offence under subsection (1) by reason only of the fact that the
document is not a valid and effectual licence or that section 13 does apply as aforesaid.

(3) A person who contravenes subsection (1) commits an offence and is liable on conviction upon indictment to
imprisonment for 5 years.

(4) A person who for the purpose of obtaining possession of arms or ammunition knowingly produces a false
licence, or a licence in which a false entry has been made by him or with his knowledge, or personates a person to
whom a licence has been granted, commits an offence and is liable to imprisonment for 2 years.

Section: 16 Possession of arms or ammunition with intent to endanger

life
30/06/1997



(1) A person commits an offence who has in his possession any arms or ammunition with intent by means
thereof to endanger life or to enable another person by means thereof to endanger life.

(2) A person who commits an offence under subsection (1) is liable on conviction upon indictment to
imprisonment for life. (Amended 59 of 1984 s. 3)

[cf. 1968 c. 27 s. 16 U.K.]




Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 10

Section: 17 Resisting arrest with or committing offence while in
possession of arms or ammunition or imitation firearm

30/06/1997



(1) A person who makes any use whatsoever of any arms or ammunition or imitation firearm with intent to
resist or prevent the lawful arrest or detention of himself or another person commits an offence and is liable on
conviction upon indictment to imprisonment for life (without prejudice to any penalty that may be imposed for any
offence to which the arrest or detention relates). (Amended 59 of 1984 s. 4)

(2) A person who, at the time of his committing an offence under any of the provisions specified in the
Schedule, has in his possession any arms or ammunition or imitation firearm commits an offence, unless he shows that
he had it in his possession for a lawful object, and is liable on conviction upon indictment to imprisonment for 14
years (without prejudice to any penalty for the first-mentioned offence).

(3) 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 subsection (2) he shall be convicted of the offence under subsection (2) and shall be
punishable accordingly.

[cf. 1968 c. 27 s. 17 U.K.]

Section: 18 Carrying arms or ammunition or imitation firearm with

criminal intent
L.N. 362 of 1997 01/07/1997



(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.]

Section: 19 Trespassing with arms or ammunition or imitation firearm L.N. 362 of 1997 01/07/1997


(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" means any land (including land covered with water) building, vehicle, vessel, train
or aircraft or any part thereof.

(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.]

Section: 20 Possession of an imitation firearm L.N. 362 of 1997 01/07/1997


(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



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 11

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)

Section: 21 Converting imitation firearm into a firearm 30/06/1997


(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.]

Section: 22 Dangerous or reckless use of firearm etc. 30/06/1997


(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]

Section: 23 Failure to comply with terms and conditions of licence, etc. 30/06/1997


(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 of $10000 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 of $10000 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 of $10000 and to imprisonment for 6 months.

Section: 24 Presumptions L.N. 193 of 2000 26/05/2000


(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.



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 12

(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)

Section: 25 Proof of allegation under section 17, 18, 19 or 20 30/06/1997


(1) Without prejudice to the proof of the other elements of an offence under section 17, 18 or 19 it shall be
sufficient proof in any proceedings under any of those sections in which the prosecution is unable to establish whether
the article which the accused used, or had with him, or in his possession, was a real firearm or an imitation firearm if
the prosecution establishes that the article was either a real or an imitation firearm without establishing whether the
article was one or the other; and a charge under any of those sections may be framed accordingly.

(2) Without prejudice to the proof of the other elements for an offence under section 20, where a person is
charged with an offence under that section and, in the proceedings for that offence, the prosecution is unable to
establish whether the article which the accused had in his possession was a real firearm or an imitation firearm, if the
prosecution establishes that the article was either a real or an imitation firearm the accused may be convicted of that
offence.

Section: 26 Evidence of muzzle energy of air weapons 30/06/1997


(1) A document which purports to be signed by a person authorized by the Commissioner and to certify
that an air rifle, air gun or air pistol specified therein was-

(a) at a time or times specified therein tested as to the muzzle energy with which a shot, bullet or other missile
could be discharged therefrom; and

(b) found at the said time or times to be able to discharge the shot, bullet or other missile specified therein
from the said air rifle, air gun or air pistol with a muzzle energy measuring the number of joules specified
therein,

shall be admissible in evidence in any proceedings for an offence under this Part on its production before the court
without further proof.

(2) On the production of a document under subsection (1)-
(a) the court before which the document is produced shall, until the contrary is proved, presume that-

(i) the signature to the document is genuine;
(ii) the person who signed it was duly authorized to sign at the time he signed it; and

(b) such document shall be prima facie evidence of the matters contained therein.


Part: IV LICENSING 30/06/1997




Section: 27 Licences in respect of arms and ammunition L.N. 193 of 2000 26/11/2000


(1) An application for-
(a) a licence for possession; or
(b) a dealer's licence,

shall be made to the Commissioner in the specified form and the prescribed manner.
(2) Upon application duly made to him under subsection (1)(a) and upon payment of the prescribed fee, the

Commissioner may grant to the applicant a licence, conforming with section 28, to possess arms or ammunition or
both.

(3) Upon application duly made to him under subsection (1)(b), the Commissioner may grant to the applicant a
licence, conforming with section 29, to deal in arms or ammunition or both.

(3A) In exercising the powers under subsection (2) or (3) to grant a licence, the Commissioner shall, in addition
to any other relevant matter that he may reasonably take into consideration, have regard to-

(a) whether the applicant is a fit and proper person to be granted a licence;
(b) whether there is good reason for that applicant to hold a licence; and
(c) whether it is objectionable, for reasons of public safety and security, to grant the licence to that



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 13

applicant. (Added 14 of 2000 s. 13)
(4) A licence granted under this section may be subject to such terms and conditions (including conditions

imposing a limit or restriction on the number, type, class or description of arms, or the quantity, type, class or
description of ammunition, or both) as the Commissioner thinks fit.

(5) The Commissioner shall, in a form determined by him, keep a register in respect of each type of licence
granted by him under subsections (2) and (3).

(Amended 14 of 2000 s. 13)

Section: 27A Additional conditions in respect of shooting clubs L.N. 193 of 2000 26/05/2000


(1) The Commissioner may attach additional terms and conditions (in addition to terms and conditions which
may be attached under section 27(4)) to a licence for possession-

(a) granted to a responsible officer of a shooting club; and
(b) which is expressed to be held by the responsible officer on behalf of the shooting club.

(2) The additional terms and conditions referred to in subsection (1) may include terms and conditions for the
purpose of-

(a) regulating the conduct of the shooting club in relation to the possession and use of arms and
ammunition by its members;

(b) regulating the operation of any shooting range, armoury or facility owned or under the control or
possession of the shooting club, in relation to the use and handling of arms and ammunition by its
members;

(c) without limiting the generality of paragraph (b), ensuring the proper supervision by a range officer of a
shooting range or facility used in connection with it, when they are in use; or

(d) ensuring the safety of persons.
(Added 14 of 2000 s. 14)


Section: 28 Effect of licence for possession L.N. 193 of 2000 26/11/2000


A licence for possession shall authorize a named individual, subject to the terms and conditions thereof and to
section 33(1), to have in his possession for such period as is provided for in the licence-

(a) the arms specified therein, and any specified quantity of ammunition therefor; or
(b) the ammunition specified therein; or
(c) the arms and ammunition specified therein; or
(d) any one or more, as mentioned in the licence, of a number of arms specified therein and any specified

quantity of ammunition therefor; or
(e) in the case of a security guard arms of the type, class or description specified therein and any specified

quantity of ammunition therefor, (Amended 97 of 1994 s. 34)
and shall otherwise be in the specified form.

(Amended 14 of 2000 s. 15)

Section: 29 Effect of dealer's licence L.N. 193 of 2000 26/11/2000


(1) Subject to subsection (2), a dealer's licence shall, subject to the terms and conditions thereof and to section
33(1), authorize a named individual or individuals to deal in by way of trade or business and to have possession of
arms or ammunition, or both, for that purpose-

(a) of a type, class or description specified in the licence;
(b) at the premises (whether one or more) specified in the licence;
(c) for the period specified in the licence.

(2) A dealer's licence may also authorize the individual or individuals referred to in subsection (1) to deal in or
to have possession of as described in that subsection, the arms or ammunition, or both, to which the licence relates, in
a place or places approved by the Commissioner in a particular case, and subject to the terms and conditions, if any,
imposed by the Commissioner.

(3) Subject to subsections (1) and (2), a dealer's licence must be in the specified form.
(Replaced 14 of 2000 s. 16)





Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 14

Section: 30 Licences for conveying arms and ammunition or removal
thereof from Hong Kong

L.N. 193 of 2000 26/05/2000



(1) Without limiting the general powers of the Commissioner under section 27-
(a) a licence for possession may be granted by the Commissioner for the limited purpose of enabling the

licensee to remove arms or ammunition or both from Hong Kong;
(b) a licence for possession or a dealer's licence may be granted for the limited purpose of enabling the

licensee, or several licensees jointly, to have arms or ammunition or both in his or their possession for
the purpose of conveying the same in Hong Kong from one place, vessel, vehicle, train or aircraft to
another place, vessel, vehicle, train or aircraft or from place to place. (Amended 14 of 2000 s. 17)

(2) A licence for the purpose mentioned in subsection (1)(a)-
(a) shall conform with section 28 but shall in every case-

(i) be limited to authorizing the licensee to have the arms or ammunition specified therein in his
possession only to the extent necessary for the removal of the same from Hong Kong; and

(ii) be subject to a condition requiring the licensee, within a time and at a place specified in the
licence, to surrender the licence to the Commissioner together with such proof as to the removal
of the arms or ammunition from Hong Kong as the Commissioner may require; and

(b) may authorize any person by name or otherwise, in addition to the licensee, for the purposes of
paragraph (a)(i), and any person so authorized shall be deemed to be a licensee for the purposes of
section 13, so long as he complies with the terms and conditions of the licence.

(3) Without affecting the liability of any person under section 13, a person who fails to comply with a condition
referred to in subsection (2)(a)(ii) commits an offence and is liable to a fine of $5000 and to imprisonment for 3
months.

Section: 31 Licences not transferable and not to be granted to

corporation
30/06/1997



(1) A licence is personal to the licensee or licensees and is not transferable to any other person.
(2) A corporation shall not be eligible to apply for or be granted a licence but where it wishes to obtain the

benefit of section 11 (1) a responsible officer thereof shall apply on behalf of the corporation and, if a licence is
granted by the Commissioner, it shall be expressed to be granted to that officer on behalf of the corporation.

Section: 32 Renewal of licences L.N. 193 of 2000 26/11/2000


(1) Upon application made to him in the specified form, and payment of the prescribed fee, the Commissioner
may renew a licence for such period as he thinks fit, or may refuse to renew the licence. (Amended 14 of 2000 s. 18)

(2) A licence renewed under this section may be subject to such terms and conditions as the Commissioner
thinks fit, including conditions imposing a limit or restriction on the number, type, class or description of arms, or the
quantity, type, class or description of ammunition, or both, as may be appropriate. (Added 14 of 2000 s. 18)

(3) In exercising the powers under subsection (1) to renew or refuse to renew a licence, the Commissioner
shall, in addition to any other relevant matter that he may reasonably take into consideration, have regard to-

(a) whether the person concerned is or has ceased to be a fit and proper person to hold a licence;
(b) whether there is good reason for that person to hold a licence or no such good reason; and
(c) whether it is objectionable, for reasons of public safety and security, for that person to hold a licence.

(Added 14 of 2000 s. 18)

Section: 33 Cancellation etc. of licence L.N. 193 of 2000 26/05/2000


(1) The Commissioner may at any time cancel or amend a licence, and vary or revoke any condition attached
thereto or add any further condition including conditions imposing a limit or restriction on the number, type, class or
description of arms, or the quantity, type, class or description of ammunition, or both, as may be appropriate, and in
the case of a dealer's licence may delete any premises at which the business of dealing in arms or ammunition or both
may be carried on.

(2) The Commissioner may (in addition to his powers to amend under subsection (1)) upon the application of a



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 15

licensee and payment of the prescribed fee make an amendment to a licence or a condition thereof (including an
amendment whereby a place of business specified in a dealer's licence is deleted or a new place of business is added).

(3) In exercising the powers under subsection (1) to cancel a licence, the Commissioner shall, in addition to any
other relevant matter that he may reasonably take into consideration, have regard to-

(a) whether the person concerned has ceased to be a fit and proper person to hold a licence;
(b) whether there is no good reason for that person to hold a licence; and
(c) whether it is objectionable, for reasons of public safety and security, for that person to hold a licence.

(Added 14 of 2000 s. 19)
(Amended 14 of 2000 s. 19)


Section: 34 Applicant or licensee to be notified of decision of

Commissioner
L.N. 193 of 2000 28/06/2000



(1) Every decision of the Commissioner whereby he refuses to grant or renew a licence, or cancels a licence, or
exercises any other power under subsection (1) of section 33 or refuses to amend a licence under subsection (2)
thereof shall be notified in writing to the applicant or licensee.

(1AA) The Commissioner shall notify in writing the licensee or applicant, as may be appropriate, of any decision
whereby he-

(a) refuses to grant an exemption or varies or revokes such an exemption under section 4(3);
(b) refuses to authorize a person as an arms instructor under section 12(2);
(c) exercises any power under section 12(5);
(d) refuses to approve the appointment or the proposed appointment of a person to be an agent under

section 12A(2);
(e) exercises any power under section 12A(5);
(f) refuses to approve an applicant as a range officer under section 46C(1);
(g) exercises any power under section 46C(5). (Added 14 of 2000 s. 20)

(1A) Notice of every decision given under subsection (1) or (1AA) shall include a statement of the reasons for
the decision. (Added 6 of 1994 s. 48. Amended 14 of 2000 s. 20)

(2) Subject to subsection (2A), a licensee to whom notice is given under subsection (1) shall, within 28 days
after the notice is given, surrender the licence to the Commissioner or deliver it to him for amendment, as the case
may require. (Replaced 14 of 2000 s. 20)

(2A) If a licensee referred to in subsection (1) appeals under section 35 against the decision, he shall surrender
or deliver the licence, as the case may require, as soon as practicable after the appeal is disposed of (except where the
decision is in his favour), withdrawn or abandoned. (Added 14 of 2000 s. 20)

(3) A person to whom a notice is given under subsection (1) refusing to renew a licence or cancelling a licence
shall, if so required in the notice by the Commissioner, deliver the arms or ammunition in question to a police officer
within a period to be specified in the notice; and to the extent that the person is in possession of the arms or
ammunition before the expiry of that period he shall be deemed not to contravene section 13(1) or section 14(1), as the
case may be.

(4) A licensee who without reasonable excuse fails to comply with subsection (2) commits an offence and is
liable to a fine of $5000 and to imprisonment for 3 months. (Amended 6 of 1994 s. 48)

Section: 35 Appeals L.N. 193 of 2000 28/06/2000


(1) Any person-
(a) who is aggrieved by a decision of the Commissioner made in respect of him to refuse a licence or a

renewal thereof or to cancel a licence or to exercise any power under section 33(1) or to refuse to
amend a licence under section 33(2);

(aa) who is aggrieved by a decision of the Commissioner referred to in section 34(1AA); (Added 14 of
2000 s. 21)

(b) to whom a licence or a renewal of a licence is granted subject to any condition which he considers
unreasonable; or

(c) who considers any term or condition imposed under section 4(3), 12(4), 12A(3), 27A(1), 29 or 46C(3)
unreasonable, (Added 14 of 2000 s. 21)

may, within 28 days after receiving notice of the decision, appeal to the Administrative Appeals Board. (Replaced 6



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 16

of 1994 s. 48. Amended 14 of 2000 s. 21)
(2) (Repealed 14 of 2000 s. 21)


Part: V RECORDING OF TRANSACTIONS 30/06/1997




Section: 36 Commissioner to be notified of transactions etc. L.N. 193 of 2000 26/11/2000


(1) A licensee who disposes of any arms or ammunition to another person shall within 48 hours after the
transaction give notice thereof to the Commissioner in the specified form. (Amended 14 of 2000 s. 22)

(2) A licensee who loses or destroys any arms or ammunition or has them taken from his possession without
his consent (otherwise than by a public officer exercising any power vested in him) shall as soon as practicable and in
any event within 24 hours after he discovers that they have been lost, destroyed or taken notify the Commissioner
thereof.

Section: 37 Dealers to record particulars of all transactions L.N. 193 of 2000 26/11/2000


(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)

Section: 38 Inspection of register or of arms and ammunition 30/06/1997


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.

Section: 39 Offences under this Part 30/06/1997


(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,



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 17

commits an offence.
(5) A person who commits any offence referred to in this section is liable to a fine of $10000 and to

imprisonment for 6 months.

Part: VI ENFORCEMENT 30/06/1997




Section: 40 Entry and search of premises and persons 30/06/1997


(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 connection 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.]


Section: 41 Power to stop and search 30/06/1997


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 connection 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]




Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 18

Section: 42 Power to search vehicles 30/06/1997


(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 connection 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 connection 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.]

Section: 43 Obstruction 30/06/1997


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 of $10000 and to
imprisonment for 6 months.

Section: 44 Seizure and forfeiture 13 of 1999 01/07/1997


Expanded Cross Reference:

16, 17, 18, 19, 20, 21, 22, 23



Remarks:
Adaptation amendments retroactively made-see 13 of 1999 s. 3


(1) A police officer or a member of the Customs and Excise Service may at any time seize, remove and detain
any arms or ammunition or imitation firearm if he has reason to suspect that an offence under this Ordinance is being
or has been committed in respect thereof or that the arms or ammunition or imitation firearm have been abandoned.

(2) Upon the conviction of any person for an offence under sections 13 or 14 or 16 to 23 (both inclusive), the
arms or ammunition or imitation firearm in respect of which the offence was committed shall, without any order in
that behalf, be forfeited to the Government and may be disposed of as the Commissioner thinks fit (whether by
destruction or otherwise). (Amended 13 of 1999 s.
3)

Part: VII MISCELLANEOUS 30/06/1997




Section: 45 Chief Executive in Council may order delivery up of arms
etc. and suspension of dealing

13 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made-see 13 of 1999 s. 3


(1) The Chief Executive in Council may, if it appears to him to be necessary or expedient in the public interest
to do so, by order published in the Gazette require dealers- (Amended 13 of 1999 s. 3)

(a) to deliver up all arms and ammunition in their possession to a police officer within a specified period;
or

(b) to suspend all business whereby arms and ammunition are sold, hired, lent or otherwise disposed of
and to close all premises where such business is carried on.



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 19

(2) An order under subsection (1) may be limited to specified dealers or to specified classes or descriptions of
dealers or of arms and ammunition (including arms and ammunition which are not in the opinion of a specified public
officer in safe keeping).

(3) All arms and ammunition delivered up under subsection (1)(a) may be detained by the Commissioner while
the order relating to them continues in force.

(4) A dealer who fails without lawful authority or reasonable excuse to comply with an order made under
subsection (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years.

Section: 46 Storage of arms, ammunition and imitation firearms by

Commissioner
L.N. 193 of 2000 26/05/2000



(1) The Commissioner may store arms, ammunition and imitation firearms-
(a) which have been seized by a public officer or found by any person or which are otherwise in the

possession of the Commissioner, and in respect of which-
(i) in the case of arms and ammunition, no person is shown to be entitled to possession and to be the

holder of a licence under this Ordinance authorizing him to have such possession or the person so
entitled and holding such a licence is not known, cannot be found or neglects to take possession
thereof; or

(ii) in the case of imitation firearms, no person is shown to be entitled to possession without probable
risk of a contravention of section 20 or the person so entitled cannot be found or neglects to take
possession thereof; or

(b) which are deposited with the Commissioner by any person for storage purposes.
(2) Subject to this section, storage fees shall be payable on arms, ammunition or imitation firearms stored by

the Commissioner in accordance with a scale of fees from time to time prescribed by the Financial Secretary by order
in the Gazette.

(3) Different fees may be prescribed under subsection (2) for different types or sizes of arms, ammunition or
imitation firearms and the storage of arms, ammunition or imitation firearms of any specified type, class or
description, or in any specified circumstances, may be declared to be exempt from fees. (Amended 14 of 2000 s. 24)

(4) Any fees payable under this section which remain unpaid at the time of the forfeiture of any arms,
ammunition or imitation firearm under subsection (5) shall be deemed to have been remitted.

(5) Where any arms, ammunition or imitation firearms referred to in subsection (1)(a) remain in the hands of
the Commissioner at the expiry of such period as may be prescribed after being taken into storage under this section or
where any fee payable under this section in respect of any arms, ammunition or imitation firearm remains unpaid for
such period as may be prescribed, the arms or ammunition shall be forfeited to the Government and may be disposed
of as the Commissioner thinks fit (whether by destruction or otherwise). (Amended 13 of 1999 s. 3)

(6) This section does not apply to arms and ammunition so long as they are detained under section 45 and the
order under which they are detained continues in force.

Section: 46A Armouries L.N. 193 of 2000 26/05/2000


The Commissioner may approve any enclosed area for the storage of-
(a) arms;
(b) ammunition;
(c) arms and ammunition;
(d) imitation firearms; or
(e) any type, class or description of arms, ammunition or imitation firearms.

(Added 14 of 2000 s. 25)

Section: 46B Shooting ranges L.N. 193 of 2000 26/05/2000


The Commissioner may, for the purposes of-
(a) practice, recreation and sport or competition-

(i) by a person who is a member of a shooting club; or
(ii) by a person who holds a licence for possession of arms or ammunition;

(b) testing or proving of arms and ammunition by a range officer; or



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 20

(c) instruction in the use and handling of arms under the supervision of an authorized arms instructor,
approve a place or premises (including an open area and an enclosed gallery) designed and constructed or adapted for
the target shooting of arms as a shooting range.

(Added 14 of 2000 s. 25)

Section: 46C Range officers L.N. 193 of 2000 28/06/2000


(1) The Commissioner may upon the application of a person approve the person as a range officer with the
function of ensuring the safe use of a shooting range, and in particular, for the following purposes-

(a) to conduct and supervise the use of the shooting range for the target shooting of arms;
(b) to test or prove arms and ammunition at the shooting range; or
(c) to supervise persons using the shooting range or other facility used in connection with the shooting

range.
(2) An approval under subsection (1) must be in writing and relate to a particular type of shooting range.
(3) The Commissioner may attach any condition he thinks fit to an approval under subsection (1).
(4) The Commissioner may specify a period for which an approval is given under subsection (1).
(5) The Commissioner may revoke an approval or vary or revoke any condition attached to an approval or add

further conditions to an approval.
(6) In exercising the powers under this section to grant or revoke an approval, the Commissioner shall, in

addition to any other relevant matter that he may reasonably take into consideration, have regard to-
(a) whether the person concerned is or has ceased to be a fit and proper person to be a range officer; and
(b) whether it is objectionable, for reasons of public safety and security, for that person to be a range

officer.
(7) For the avoidance of doubt it is stated that approval as a range officer does not exempt a person from any

other requirement in this Ordinance which would apply to that person in relation to the purposes referred to in
subsection (1).

(Added 14 of 2000 s. 25)

Section: 47 False statements L.N. 193 of 2000 26/05/2000


Any person who makes any statement which he knows to be false or misleading, or recklessly makes any
statement which is false, in a material particular-

(a) for the purpose of section 15(1); or
(b) for the purpose of procuring, whether for himself or another, the grant, renewal or amendment of a

licence or an exemption under section 4(3), (Amended 14 of 2000 s. 26)
commits an offence and is liable to imprisonment for 2 years.

Section: 48 Interference with serial numbers or licences 30/06/1997


Any person who without lawful authority-
(a) alters, defaces or removes a serial number on any arms or ammunition; or
(b) alters, defaces or falsifies a licence or an exemption under section 4(3),

commits an offence and is liable to imprisonment for 2 years.

Section: 49 Defence of exercising due diligence in certain cases 30/06/1997


(1) Where a person is in possession of arms or ammunition in breach of section 13 or deals in arms or
ammunition in breach of section 14 and such breach is of a kind mentioned in subsection (2) and would not have
arisen but for the exercise of one of the powers mentioned in that subsection, it shall be a defence to a charge under
either of the said sections if the person charged proves that-

(a) (i) he was not given notice to deliver up the arms and ammunition under section 34(3); and
(ii) he could not by the exercise of all due diligence and the taking of all lawful measures reasonably

available to him avoid being in possession of or dealing in the arms or ammunition in question or
comply with the terms of the licence, as the case may be; or



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 21

(b) (i) he was not given notice to deliver up the arms and ammunition under section 34(3); and
(ii) at the material time he had brought, or intended to bring, an appeal under section 35 against the

decision; and
(iii) where an appeal had been brought, it had not been dismissed by the Administrative Appeals

Board or abandoned. (Amended 6 of 1994 s. 48)
(2) Subsection (1) applies where-

(a) a licence is cancelled or a renewal is refused with the result that, after the expiry or cancellation of the
licence, possession of, or dealing in, arms or ammunition possessed by the person before the expiry or
cancellation amounts to a breach of section 13 or 14; or

(b) a licence is amended or a condition is varied or added with the result that, after the amendment,
variation or addition, the possession of arms or ammunition possessed by the person before the
amendment, variation or addition amounts to a breach of section 13 or 14 because the licensee is
unable to comply with the terms and conditions of the licence.


Section: 50 Delegation by Commissioner 30/06/1997


For the purposes of this Ordinance the Commissioner may in writing authorize any public officer by name,
office or appointment to exercise and perform the powers, functions and duties conferred or imposed upon the
Commissioner by this Ordinance.

Section: 51 Service of notices 30/06/1997


Any notice authorized or required to be given to any person under this Ordinance may be given personally to
that person or sent to him by registered post.

Section: 52 Regulations L.N. 193 of 2000 26/05/2000


(1) The Chief Executive in Council may make regulations for all or any of the following matters- (Amended
13 of 1999 s. 3)

(a) regulating applications for licences and the renewal of licences and matters incidental to the licensing
of persons to possess or deal in arms and ammunition, including-
(i) specifying the minimum age required of a person applying for a licence;
(ii) empowering the Commissioner to require any applicant for a licence or for the renewal of a

licence and any holder of a licence or an exemption under section 4(3) to undergo such tests and
examinations as the Commissioner thinks fit to determine the suitability of the applicant or
holder to hold a licence or an exemption;

(iia) empowering the Commissioner to determine the suitability of a person to be an approved agent
or an authorized arms instructor or to be approved as a range officer and for that purpose to
require a person to undergo tests and examinations as the Commissioner thinks fit; (Added 14 of
2000 s. 27)

(iib) empowering the Commissioner to determine the contents and extent of courses to be conducted
by authorized arms instructors in the use and handling of arms and ammunition for the purposes
of section 11(2); (Added 14 of 2000 s. 27)

(iic) in relation to the granting of a licence to a responsible officer of a shooting club, or otherwise,
empowering the Commissioner to determine the criteria for the operation by the club of a
shooting range, an armoury or other facility; (Added 14 of 2000 s. 27)

(iii) empowering the Commissioner to limit the number, type, class or description of arms, or the
quantity, type, class or description of ammunition, or both, to be in the possession of a licensee;
and (Amended 14 of 2000 s. 27)

(iv) empowering the Commissioner to require any applicant for a licence or an exemption under
section 4(3) or for the renewal of a licence or an exemption or any licensee or any holder of an
exemption to submit any arms or ammunition to which the application, licence or exemption
relates to the Commissioner for inspection;

(b) (Repealed 14 of 2000 s. 27)
(c) prescribing the fees to be paid in connexion with the licensing of persons to possess and deal in arms



Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 22

and ammunition, the determination of matters referred to in subsection (1)(a)(ii) and (iia), examination
of arms and the exemption of persons under section 4; (Amended 14 of 2000 s. 27)

(d) (Repealed 14 of 2000 s. 27)
(e) declaring any thing which is not a weapon to which the Weapons Ordinance (Cap 217) applies to be-

(i) ammunition in terms of paragraph (e) of the definition of "ammunition" in section 2(1); or
(ii) arms in terms of paragraph (g) of the definition of "arms" in that section;

(f) prescribing anything which is to be or may be prescribed by regulations; and
(g) providing for the better carrying out of the purposes and provisions of this Ordinance.

(1A) Without limiting the generality of subsection (1)(a)(iic), regulations made under that subsection may
provide for criteria designed for the Commissioner to satisfy himself-

(a) that the physical design or layout of the place or premises to be used as a shooting range, an armoury
or other facility is satisfactory;

(b) as to the imposition by the shooting club of conditions to be observed in respect of the use of the
shooting range or other facility to be used in connection with the shooting range; and

(c) that safety features are installed and safety precautions are in place. (Added 14 of 2000 s. 27)
(2) Regulations made under this section may provide that a contravention of specified provisions thereof shall

be an offence and may provide penalties therefor not exceeding a fine of $10000.

Section: 53 Licence or exemption not to affect application of other

Ordinances
30/06/1997



The grant of a licence or an exemption under this Ordinance in respect of any arms or ammunition shall not
affect the application of any other Ordinance in respect of the arms or ammunition except to the extent that the other
Ordinance so provides.

Section: 54 Amendment of Schedule 30/06/1997


The Legislative Council may by resolution amend the Schedule.

Section: 55 (Have had effect) 30/06/1997




Section: 56 (Have had effect) 30/06/1997




Section: 57 (Repealed 14 of 2000 s. 28) L.N. 193 of 2000 26/05/2000




Section: 58 Commissioner to specify forms L.N. 193 of 2000 26/05/2000


(1) The Commissioner may specify forms, containing such particulars as determined by him, for any purpose in
this Ordinance.

(2) The Commissioner may under subsection (1) specify 2 or more different forms for the same purpose where
he considers it appropriate.

(3) The Commissioner shall publish in the Gazette forms specified under this section.
(4) Forms specified under this section are not subsidiary legislation.
(5) Section 37 of the Interpretation and General Clauses Ordinance (Cap 1) applies to forms specified under

this section.
(Added 14 of 2000 s. 29)


Schedule: SCHEDULE L.N. 29 of 1999 01/02/1999


[sections 17(2), 20(2) & 54]




Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 23

PROVISIONS TO WHICH SECTIONS 17(2) AND 20(2) APPLY

Ordinance Sections (with general indication

of contents shown in brackets)
1. Crimes Ordinance (Cap 200) 60(1)

and
60(2)

(destroying or damaging property)

61 (threats to destroy or damage property)
62 (possessing anything with intent to destroy or damage

property)
118 (rape)
119 (procurement of another person by threats)
122 (indecent assault)
126 (abduction of unmarried girl under 16)
127 (abduction of unmarried girl under 18 for sexual

intercourse)
128 (abduction of mentally incapacitated person from parent

or guardian for unlawful sexual act) (Amended 90 of
1991 s. 29; 81 of 1997 s. 59)

130 (control over another person for purpose of unlawful
sexual acts or prostitution)

134 (detention of another person for unlawful sexual act or
in vice establishment)


2. Theft Ordinance (Cap 210) 146 (indecent conduct towards child under 16)
9 (theft)
10 (robbery)
11 (burglary)
12 (aggravated burglary)
14 (taking conveyance without authority)
23 (blackmail)
27 (going equipped for stealing, etc.)


3. Offences against the person 19 (wounding or inflicting grievous bodily harm)
Ordinance (Cap 212) 20 (attempting to choke, etc., in order to commit indictable

offence)
21 (using chloroform, etc., in order to commit indictable

offence)
30 (placing gunpowder near building, etc., with intent to

do bodily injury)
32(1) (placing wood, etc., on a railway with intent to

endanger passengers)
32(2) (casting stone, etc., upon a railway carriage with intent

to endanger the safety of any person therein)
32(3) (doing or omitting anything endangering passenger on

railway)
36 (assault with intent to commit an arrestable offence, or

on a police officer or with intent to resist arrest)
39 (assault occasioning actual bodily harm)
40 (common assault)
43 (stealing or harbouring child under 14 years)


4. Protection of Women and

Juveniles Ordinance (Cap 213)
26 (abduction of female infant or any young person or

child)




Cap 238 - FIREARMS AND AMMUNITION ORDINANCE 24

5. Summary Offences
Ordinance (Cap 228)

17 (possession of offensive weapon, etc., with intent)

22 (falsely pretending to be or to be able to influence a
public officer)


6. Prisons Ordinance (Cap 234) 17 (escaping or aiding escape from prison or legal custody)


7. Public Order Ordinance
(Cap 245)

18 (unlawful assembly)

(Amended 50 of 1991 s. 4; 90 of 1991 s. 29)

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