Chapter:

217

WEAPONS ORDINANCE

Gazette Number Version Date

30/06/1997

Long title

To prohibit the possession of certain weapons and to provide exemptions from such prohibition, to restrict the
possession of martial arts weapons and to provide for incidental matters.
[1 September 1981] L.N. 284 of 1981
(Originally 69 of 1981)
Part:

PRELIMINARY

30/06/1997

Section:

Short title

30/06/1997

This Ordinance may be cited as the Weapons Ordinance.

Section:

30/06/1997

Interpretation

In this Ordinance, unless the context otherwise requires"Commissioner" () 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 under section 16 to exercise or
perform it;
"dispose" () includes parting with possession;
"martial art" () includes akeido, bersilat, jui jitsu, judo, karate, kendo, kung-fu, mo ngai, san ta, taekwan-do, tai
kik and any other form or style of fighting or self-defence however named or any combination or variation of the
same;
"martial arts association" () means any club, society or association whether incorporated or unincorporated
which has as part or the whole of its aims and objects, or in fact engages in, the promotion, demonstration,
instruction or practice of any martial art;
"martial arts weapon" () means any weapon used or designed for use as part of or in connection with any
martial art;
"member" () means a member of a martial arts association;
"office-bearer" () of a martial arts association includes any person who is the president, vice-president, secretary,
treasurer or member of the committee or governing body;
"possession" () in relation to any prohibited weapon or martial arts weapon includes the control by any person or
martial arts association of any such weapon which is in the custody of another person or body of any kind
whatsoever;
"prohibited weapon" () means any weapon specified in the Schedule;
"repealed Ordinance" () means the repealed Arms and Ammunition Ordinance (Cap 238 1964 Ed.).
Section:

Application

2 of 2012

17/02/2012

Part II does not apply to the possession of any prohibited weapon or martial arts weapon by any person(a) on behalf of the Central Peoples Government, including possession by an officer or member of the
Chinese Peoples Liberation Army who is in possession of any prohibited weapon or martial arts
weapon in his capacity as such; or (Replaced 2 of 2012 s. 3)
(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)

Cap 217 - WEAPONS ORDINANCE

(iii)
(iv)
(v)
(vi)
(vii)

the Hong Kong Police Force; (Amended L.N. 362 of 1997)

the Hong Kong Auxiliary Police Force; (Amended L.N. 362 of 1997)
the Customs and Excise Service;
the Correctional Services Department; and (Amended L.N. 30 of 1982)
the Independent Commission Against Corruption.

Part:

II

PROHIBITED AND MARTIAL ARTS WEAPONS

30/06/1997

Section:

Possession of prohibited weapons

30/06/1997

Any person who has possession of any prohibited weapon commits an offence and is liable to a fine of $10000
and to imprisonment for 3 years.
Section:

Possession of martial arts weapons

30/06/1997

(1) No martial arts association or member shall have possession of any martial arts weapon unless notice
thereof has been given to the Commissioner in such form and in such manner as the Commissioner may from time to
time specify.
(2) Every martial arts association or member who obtains possession of a martial arts weapon shall, within 48
hours of obtaining possession, give notice thereof to the Commissioner in such form and in such manner as the
Commissioner may from time to time specify.
Section:

Disposal of martial arts weapons

30/06/1997

(1) Every martial arts association or member who disposes of any martial arts weapon shall, within 48 hours of
the disposal, give notice to the Commissioner of such details of the disposal in such form and in such manner as the
Commissioner may from time to time specify.
(2) Where any martial arts weapon is disposed of, in a case where subsection (1) applies, the martial arts
association or person to whom the weapon was disposed shall provide the martial arts association or member who
disposed of the weapon with any information necessary to enable subsection (1) to be complied with.
Section:

Martial arts weapons not to be removed from premises

30/06/1997

(1) Subject to subsection (2), a martial arts association or member shall not remove or allow to be removed any
martial arts weapon from the premises in which it was located at the time possession of the weapon was notified to the
Commissioner, except in accordance with the permission in writing given for that purpose by the Commissioner.
(2) Subsection (1) shall not apply to the removal of a martial arts weapon on or after its disposal to a martial
arts association or person where the disposal has been notified to the Commissioner under section 6.
Section:

Office-bearer to give notice in certain cases

30/06/1997

Where under section 5 or 6 any notice or information is required to be given in respect of the possession or
disposal of a martial arts weapon by a martial arts association, the notice or information shall be given by an officebearer of the association.
Section:

Commissioner may order the delivery up of martial arts

weapons

30/06/1997

(1) The Commissioner may at any time in writing order the delivery up to him or seizure of any martial arts
weapon where he considers that the possession of the weapon by any martial arts association or person is undesirable(Amended L.N. 100 of 1984)
(a) in the case of a martial arts association on the ground(i) that he suspects that it is a Triad Society within the meaning of the Societies Ordinance (Cap

Cap 217 - WEAPONS ORDINANCE

151) or that it has any group of members who are members of such a society; or
that any office-bearer, martial arts instructor or employee of the association has been convicted
of a criminal offence involving any act of violence or the possession of any offensive weapon
within the meaning of the Summary Offences Ordinance (Cap 228) or the Public Order
Ordinance (Cap 245) or any prohibited weapon or martial arts weapon or the possession or use of
any arms under the Firearms and Ammunition Ordinance (Cap 238) or the repealed Ordinance;
and
(b) in the case of a person, on the ground(i) that he suspects that the person is a member of a Triad Society within the meaning of the
Societies Ordinance (Cap 151); or
(ii) that the person has been convicted of a criminal offence involving any act of violence or the
possession of any offensive weapon within the meaning of the Summary Offences Ordinance
(Cap 228) or the Public Order Ordinance (Cap 245) or any prohibited weapon or martial arts
weapon or the possession or use of any arms under the Firearms and Ammunition Ordinance
(Cap 238) or the repealed Ordinance.
(2) Where the Commissioner in writing orders the delivery up or seizure of any martial arts weapon under
subsection (1) he shall in the order specify the ground on which it is made.
(3) Any martial arts association or person aggrieved by an order of the Commissioner made in respect of that
martial arts association or person, as the case may be, may, within 28 days after receiving notice of the order, appeal to
the Administrative Appeals Board. (Replaced 6 of 1994 s. 46)
(4) Nothing in subsection (3) shall relieve a martial arts association or person of the obligation to deliver up any
martial arts weapon when ordered to do so by the Commissioner.
(5) An order under subsection (1) may be served(a) in the case of a martial arts association(i) by delivering it personally to an office-bearer of the association; or
(ii) by posting it by registered post to any premises occupied by the association; and
(b) in the case of a person(i) by delivering it to him personally; or
(ii) by posting it by registered post addressed to him at his last known place of residence or business.
(ii)

Section:

10

Offences relating to martial arts weapons

30/06/1997

(1) Where a martial arts association or member(a) has possession of a martial arts weapon in respect of which notice has not been given to the
Commissioner under section 5(1);
(b) obtains possession of a martial arts weapon and fails to give notice thereof to the Commissioner under
section 5(2) within the time specified in that section;
(c) disposes of any martial arts weapon and fails to give notice of the details of the disposal to the
Commissioner under section 6(1);
(d) removes or allows to be removed any martial arts weapon from the premises in which it was located at
the time possession or control of the weapon was notified to the Commissioner, except in accordance
with the permission in writing given for that purpose by the Commissioner under section 7; or
(e) fails to deliver up any martial arts weapon when ordered to do so by the Commissioner under section
9,
the member, or in the case of a martial arts association every office-bearer and every person acting as such, commits
an offence and is liable to a fine of $5000 and to imprisonment for 2 years.
(2) Where a martial arts association or member(a) delivers up or has had seized from it or him any martial arts weapon under section 9; and
(b) subsequent to the delivery up or seizure commits an offence under subsection (1)(b),
the member, or in the case of a martial arts association every office-bearer and every person acting as such, commits
an offence and is liable to a fine of $10000 and to imprisonment for 3 years.
(3) Where any person(a) refuses to provide any information required under section 6(2);
(b) makes any statement or provides any information for the purposes of section 6(2) which he knows to
be false or misleading in a material particular, or recklessly makes any statement or provides any

Cap 217 - WEAPONS ORDINANCE

information which is false in a material particular; or

(c) fails to deliver up any martial arts weapon when ordered to do so by the Commissioner under section
9,
he commits an offence and is liable to a fine of $5000 and to imprisonment for 2 years.
(4) Where an officer-bearer of a martial arts association or any person acting as such is charged with an offence
under subsection (1) or (2) as the result of the commission of an offence by the association, it shall be a defence for
him to prove that he exercised such diligence to ensure that the association complied with the provisions of this
Ordinance in respect of which the offence has been charged, as he ought to have exercised having regard to the nature
of his functions and all other circumstances.
Part:

III

ENFORCEMENT

30/06/1997

Section:

11

Entry and search of premises and search of 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(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; and
(b) to seize and detain(i) any prohibited weapon or martial arts weapon which he may find and in connection with which
he has reason 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 person authorized under subsection (1) to exercise the powers in that subsection, or any of them, may be
accompanied by such other police officers as may be necessary for the purpose.
(3) No person shall be searched under this section or under section 12 except by a person of the same sex.
Section:

12

30/06/1997

Power to stop and search

(1) For the purposes of this Ordinance(a) a police officer may stop and search any person and search the property of any person if(i) the officer has reason to suspect that the person has any prohibited weapon or martial arts
weapon in his possession; or
(ii) the person is found in any place, premises, vessel, vehicle, train or aircraft in which any
prohibited weapon or martial arts weapon is found; and
(b) a member of the Customs and Excise Service may stop and search any person and search the property
of any person if the person is arriving in or about to depart from Hong Kong and(i) the member has reason to suspect that the person has any prohibited weapon in his possession; or
(ii) the person is found in any place, premises, vessel, vehicle, train or aircraft in which any
prohibited weapon is found.
(2) On any such occasion(a) a police officer may seize and detain any prohibited weapon or martial arts weapon; and
(b) a member of the Customs and Excise Service may seize and detain any prohibited weapon,
and, in either case, any thing provided in section 11(1)(b)(ii) which relates to the type of weapon authorized to be
seized and detained under this subsection.
Section:

13

Seizure and forfeiture

13 of 1999

01/07/1997

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

(1) A police officer may at any time seize, remove and detain any prohibited weapon or martial arts weapon if

Cap 217 - WEAPONS ORDINANCE

he has reason to suspect that an offence under this Ordinance is being or has been committed in respect thereof or that
the weapon has been abandoned.
(2) Upon the conviction of any person for an offence under section 4 or 10, the prohibited weapon or martial
arts weapon 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 (whether by destruction or otherwise) by the Commissioner. (Amended 13 of
1999 s. 3)
Section:

14

Obstruction

30/06/1997

A 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 11, 12 or 13 commits an offence and is liable to a fine of $3000 and to
imprisonment for 6 months.
Part:

IV

MISCELLANEOUS

30/06/1997

Section:

15

Presumption that notice not given

30/06/1997

In any proceedings for an offence under section 10(1)(a), (b) or (c) or section 10(2) it shall be presumed until the
contrary is proved that the Commissioner was not given the notice required in relation to the martial arts weapon in
respect of which the offence has been charged.
Section:

16

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 and imposed upon the
Commissioner by this Ordinance.
Section:

17

Amendment of Schedule

30/06/1997

The Legislative Council may by resolution amend the Schedule.

Section:

18

Saving

30/06/1997

Nothing in this Ordinance shall be deemed to affect any provision relating to any offensive weapon under the
Summary Offences Ordinance (Cap 228) or the Public Order Ordinance (Cap 245).
Section:

19

(Has had effect)

30/06/1997

Transitional provisions

30/06/1997

(Has had effect)

Section:

20

Where in respect of a martial arts weapon, a martial arts association or member held a licence or exemption
which(a) had been issued under section 3(1) or (5) of the repealed Ordinance; and
(b) was in force immediately before the commencement of the Firearms and Ammunition Ordinance (Cap
238),
notice in relation to the weapon shall be deemed to have been given to the Commissioner under section 5(1) on the
commencement of this Ordinance.
Schedule:

SCHEDULE

30/06/1997
[sections 2 & 17]

Cap 217 - WEAPONS ORDINANCE

PROHIBITED WEAPON
Chinese-style throwing dart
Gravity knife
Gravity-operated steel baton
Knuckleduster whether spiked or not and with or without blade
Chinese-style fighting iron
Spring-loaded steel baton
Any knife the blade of which is exposed by a spring or other mechanical or electric device (Added L.N. 394 of 1990)
Any bladed or pointed weapon designed to be used in a fashion whereby the handle is held in a clenched fist and the
blade or point protrudes between the fingers of the fist (Added L.N. 394 of 1990)
(Amended L.N. 394 of 1990)

Cap 217 - WEAPONS ORDINANCE