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Firearms and Ammunition (Amendment) Bill 1999
Amend the Firearms and Ammunition Ordinance and to make related amendments to the Summary Offences Ordinance.
Enacted by the Legislative Council.
1. Short title and commencement
(1) This Ordinance may be cited as the Firearms and Ammunition (Amendment) Ordinance 1999.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette.
2. Interpretation
(1) Section 2(1) of the Firearms and Ammunition Ordinance (Cap. 238) is amended---
(a) in the definition of "ammunition"---
(i) by adding---
"(ea) a shot, bullet, missile or any other part of an article which constitutes ammunition under paragraph (a), (b), (c), (d) or (e);";
(ii) by repealing paragraph (ii) and substituting---
"(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,";
(b) in the definition of "deal in", in paragraph (a), by adding ", export" after "import";
(c) in the definition of "dealer's licence"---
(i) by adding ", subject to subsection (4C)," after "means";
(ii) by adding "or 30(1)(b)" after "27(3)";
(d) in the definition of "licence for possession"---
(i) by adding ", subject to subsection (4C)," after "means";
(ii) by adding "or 30(1)(a) or (b)" after "27(2)";
(e) in the definition of "槍械", in paragraph (h), by repealing "發射" where it secondly appears and substituting "鳴響";
(f) by adding---
""air gun" (氣槍) includes a gun which uses a compressed gas or compressed gases as a propellant;
"air pistol" (手槍型氣槍) includes a pistol which uses a compressed gas or compressed gases as a propellant;
"air rifle" (長槍型氣槍) includes a rifle which uses a compressed gas or compressed gases as a propellant;
"appoint" (委任) includes employment;
"approved agent" (認可代理人) means a person approved as such under section 12A(2);
"armoury" (槍械庫) means an enclosed area approved under section 46A;
"authorized arms instructor" (獲授權槍械導師) means a person authorized as an arms instructor under section 12(2);
"own" (擁有) includes hire or lease;
"range officer" (射擊場主任) means a person approved as a range officer under section 46C;
"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;
(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;
"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;
"shooting range" (射擊場) means a place or premises approved as a shooting range under section 46B;
"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.".
(2) Section 2 is amended by adding---
"(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.
(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.
(4C) For the purposes of sections 11, 12, 12A and 32, a licence does not include a licence granted under section 30.".
3. Possession on behalf of the Crown etc.
Section 3(b) is amended---
(a) by repealing "or the Urban Council," and substituting ", the Provisional Urban Council or the Provisional Regional Council,";
(b) in subparagraph (vii) by repealing the full stop and substituting a semicolon;
(c) by adding---
"(viii) the Agriculture and Fisheries Department.".
4. Possession of arms or ammunition carried on aircraft
Section 6 is amended---
(a) by adding ", exportation" after "importation";
(b) by adding ", export" after "import";
(c) in paragraph (c)(i) by adding "after" before "their".
5. Possession by corporations, associations of persons, and members thereof
Section 11(2) is amended---
(a) in paragraph (a) by repealing "a corporation or an unincorporated association of persons" and substituting "a shooting club";
(b) by adding---
"(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;";
(c) by repealing paragraph (b);
(d) in paragraph (c)---
(i) by repealing "corporation or association" where it first appears and substituting "shooting club";
(ii) by repealing "corporation or association and complies with the terms and conditions of that licence; and" and substituting "shooting club;";
(e) by adding---
"(ca) he reasonably believes that the terms and conditions of the licence referred to in paragraph (c) are complied with; and";
(f) by repealing paragraph (d) and substituting---
"(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.";
(g) by adding---
"(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).".
6. Possession for purposes of instruction
Section 12 is amended---
(a) by renumbering it as section 12(1);
(b) in subsection (1)---
(i) in paragraph (a) by adding "and handling" after "use";
(ii) in paragraph (c) by adding "or his approved agent, who is an authorized arms instructor authorized for that particular type, class or description of arms or ammunition" after "licensee";
(c) by adding---
"(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, class or description specified by the Commissioner in relation to the authorization.
(3) The Commissioner may specify the period for which an authorization is given under subsection (2).
(4) The Commissioner may attach such conditions as he thinks fit to an authorization under subsection (2).
(5) The Commissioner may revoke an authorization or vary or revoke any condition attached to an authorization or add further conditions to an authorization.
(6) 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.".
7. Sections added
The following are added---
"12A. Possession by approved agents
(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) 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.
12B. Possession for purpose of being tested on application for licence
Section 13 does not apply to possession of arms or ammunition by a person, in the course of taking a test conducted by the Commissioner on the use and handling of arms or ammunition.".
8. Possession of arms or ammunition without licence
Section 13(1)(b) is repealed.
9. Giving possession of arms or ammunition to unlicensed person and obtaining possession by false pretences
Section 15(1) is amended by repealing "agent or servant who comes within section 13(1)(b)" and substituting "approved agent".
10. Section substituted
Section 24 is repealed and the following substituted---
"24. Presumptions
(1) Any person who is proved to have had in his physical possession---
(a) anything containing arms or ammunition, or both;
(b) the keys of any baggage, briefcase, box, case, cupboard, drawer, safe-deposit box, safe or other similar containers containing arms or ammunition, or both,
shall, until the contrary is proved, be presumed to have had the arms or ammunition, or both, as the case may be, in his possession.
(2) Any person who is proved or presumed to have had arms or ammunition, or both, in his possession shall, until the contrary is proved, be presumed to have known the nature of such arms or ammunition, or both, as the case may be.
(3) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the arms or ammunition, or both, as the case may be.".
11. Licences in respect of arms and ammunition
Section 27 is amended---
(a) in subsection (1) by repealing "such form and manner as may be prescribed" and substituting "the specified form and the prescribed manner";
(b) in subsection (4) by adding "(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)" after "conditions";
(c) in subsection (5) by repealing ", in the prescribed form," and substituting ", in a form determined by him,".
12. Section added
The following is added---
"27A. Additional conditions in respect
of shooting clubs
(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.".
13. Effect of licence for possession
Section 28 is amended---
(a) in paragraph (e) by adding "type," before "class";
(b) by repealing "such form as is prescribed" and substituting "the specified form".
14. Section substituted
Section 29 is repealed and the following substituted---
"29. Effect of dealer's licence
(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.".
15. Licences for conveying arms and ammunition or removal thereof from Hong Kong
Section 30(1)(b) is amended by adding "or from place to place" after "aircraft" where it secondly appears.
16. Renewal of licences
Section 32 is amended---
(a) by renumbering it as section 32(1);
(b) in subsection (1) by repealing "prescribed" where it first appears and substituting "specified";
(c) by adding---
"(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.".
17. Cancellation etc. of licence
Section 33 is amended---
(a) in subsection (1)---
(i) by adding "or amend" after "cancel";
(ii) by adding "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" after "condition" where it secondly appears;
(b) in subsection (2) by adding "(in addition to his powers to amend under subsection (1))" after "may".
18. Applicant or licensee to be notified of decision of Commissioner
Section 34 is amended---
(a) by adding after subsection (1)---
"(1AA) The Commissioner shall notify in writing the licensee or applicant, as may be appropriate, of any decision whereby he---
(a) refuses to authorize a person as an arms instructor under section 12(2);
(b) exercises any power under section 12(5);
(c) refuses to approve the appointment or the proposed appointment of a person to be an agent under section 12A(2);
(d) exercises any power under section 12A(5);
(e) refuses to approve an applicant as a range officer under section 46C(1);
(f) exercises any power under section 46C(4).";
(b) in subsection (1A) by adding "or (1AA)" after "(1)";
(c) in subsection (2) by repealing "A licensee" and substituting "Subject to section 35(2), a licensee".
19. Appeals
Section 35 is amended---
(a) in subsection (1)---
(i) in paragraph (a) by repealing "or" at the end;
(ii) by adding---
"(aa) who is aggrieved by a decision of the Commissioner referred to in section 34(1AA);";
(iii) in paragraph (b) by repealing the comma at the end and substituting "; or";
(iv) by adding---
"(c) who considers any term or condition imposed under section 12(4), 12A(3), 27A(1), 29 or 46C(2) unreasonable,";
(b) in subsection (2)---
(i) by repealing "or intended to be brought";
(ii) by repealing paragraph (a);
(iii) in paragraph (b) by repealing the comma at the end and substituting a full stop;
(iv) by repealing "whichever is the later.".
20. Commissioner to be notified of transactions etc.
Section 36(1) is amended by repealing "prescribed" and substituting "specified".
21. Dealers to record particulars of all transactions
Section 37 is amended---
(a) in subsection (1)---
(i) by repealing "prescribed" where it first appears and substituting "specified";
(ii) by repealing "the prescribed particulars in the said register" and substituting "in that register, the particulars specified for the time being by the Commissioner for the purposes of this subsection";
(b) in subsection (4) by repealing "the prescribed particulars" and substituting "the particulars referred to in that subsection".
22. Storage of arms, ammunition and imitation
firearms by Commissioner
Section 46(3) is amended by repealing "type" and substituting "type, class or description".
23. Sections added
The following are added---
"46A. Armouries
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.
46B. Shooting ranges
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
(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.
46C. Range officers
(1) The Commissioner may upon the application of a person approve in writing the applicant, in relation to a particular type of shooting range, 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) The Commissioner may attach any condition he thinks fit to an approval under subsection (1).
(3) The Commissioner may specify a period for which an approval is given under subsection (1).
(4) The Commissioner may revoke an approval or vary or revoke any condition attached to an approval or add further conditions to an approval.
(5) 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).".
24. False statements
Section 47(b) is amended by adding "or an exemption under section 4(3)" after "licence".
25. Regulations
Section 52 is amended---
(a) in subsection (1)(a) by adding---
"(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;
(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);
(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;";
(b) in subsection (1)(a)(iii) by repealing "or type of arms and ammunition" and substituting ", type, class or description of arms, or the quantity, type, class or description of ammunition, or both,";
(c) by repealing subsection (1)(b) and (d);
(d) in subsection (1)(c) by adding ", the determination of matters referred to in subsection (1)(a)(ii) and (iia), examination of arms" after "ammunition";
(e) by adding---
"(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.".
26. Transitional provisions
Section 57 is repealed.
27. Section added
The following is added---
"58. Commissioner to specify forms
(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.".
Summary Offences Ordinance
28. Interpretation
Section 2(1) of the Summary Offences Ordinance (Cap. 228) is amended by adding---
" "air gun" (氣槍) includes any gun, rifle or pistol which uses a compressed gas or compressed gases as a propellant and from which any shot, bullet or missile can be discharged with a muzzle energy not greater than 2 joules;".
29. Nuisances committed in public places, etc.
Section 4 is amended by adding---
"(14A) knowingly or negligently discharges an air gun to the danger or annoyance of any person;".
Consequential Amendments
Firearms and Ammunition (Declaration of Arms) Regulations
30. Schedule amended
Item 1 of the Schedule to the Firearms and Ammunition (Declaration of Arms)
Regulations (Cap. 238 sub. leg.) is repealed.
Explanatory Memorandum
This Bill amends the Firearms and Ammunition Ordinance (Cap. 238) ("principal Ordinance") in the manner explained below.
2. Clause 1---This clause sets out the short title of the proposed Ordinance and enables the Secretary for Security to bring that Ordinance into operation on a day or days appointed by him.
3. Clause 2---This clause amends the interpretation section of the principal Ordinance as follows---
(a) to include "export" in the definition of "deal in" so that exportation and causing to be exported are covered under the provisions relating to dealing in arms and ammunition;
(b) to expand the definitions of "licence" and "dealer's licence" so that the provisions relating to licences apply to a licence granted under section 30 as well as a licence granted under section 27;
(c) to define air guns, air pistols and air rifles as including those which use compressed gases as a propellant; they are presently brought within the operation of the principal Ordinance as "arms" by an order made under paragraph (g) of the definition of "arms", but the provisions which refer separately to "air guns", "air pistols" and "air rifles" are not applicable to them;
(d) to define who should be a responsible officer of a corporation or an unincorporated association of persons for the purposes of holding a licence for possession on behalf of the shooting club; under the principal Ordinance, it is a responsible officer who can do so but there is no definition of responsible officer;
(e) to include a definition of "shooting club"; the principal Ordinance now regulates the use of arms by members of a shooting club, but a shooting club is not defined;
(f) to add an interpretative provision to bring, within the definition of arms, those that have been modified or adapted so that they can fire only blank ammunition or cannot be restored to working order;
(g) the other new definitions are consequential upon the substantive provisions included in the Bill.
4. Clause 3---This clause amends section 3 to the effect that the principal Ordinance does not apply to the Provisional Regional Council and the Agriculture and Fisheries Department.
5. Clause 4---The effect of the amendment to section 6 is to extend the exemption given in relation to possession of arms or ammunition carried on aircrafts to such possession in the course of exportation of arms and ammunition.
6. Clause 5---This clause amends section 11(2) which deals with possession of arms or ammunition by members of shooting clubs. At present a member does not require a licence for possession if the responsible officer has a licence and certain other conditions relating to the place where the arms are used are satisfied. The amendment is to make this exemption conditional upon the member having his own licence for possession of arms or ammunition which is of the same type, class or description that he uses as a member of the club or his having completed a course of instruction on the use and handling of arms or ammunition the contents of which has been approved by the Commissioner of Police. This clause also replaces the general description of places approved by the Commissioner for practice with arms and ammunition and storage with "shooting range" and "armoury" respectively as these terms are now defined.
7. Clause 6---The amendments in this clause are to require any person who instructs another in the use and handling of arms and ammunition to be an authorized arms instructor. An authorized arms instructor by definition is a licensee or his approved agent who has been approved by the Commissioner as an authorized arms instructor. This clause also provides that the authorization must be in relation to a particular type, class or description of arms or ammunition.
8. Clause 7---The principal Ordinance as it stands, under section 13(1), exempts from the requirement to have a licence an agent or a servant of the licensee who is carrying out the bona fide and lawful instructions of the licensee. New section 12A requires such a person to be a person approved by the Commissioner and confers power on the Commissioner to do so. It also clarifies that notwithstanding the fact that a security guard may be a person appointed by a licensee for the purpose of possession of arms, this section does not exempt him from the requirement to have a licence for the purpose of possessing arms and ammunition as a security guard. (This restriction is present in the principal Ordinance as well.) This clause also introduces new section 12B the purpose of which is to exempt from the requirement to hold a licence an applicant for a licence for possession who is being tested by the Commissioner as to his suitability to be granted such a licence.
9. Clauses 8 and 9 contain amendments which are consequential upon the introduction of new section 12A.
10. Clause 10---This clause introduces in place of the repealed section 24 a presumption as to possession modelled on a similar provision in other legislation. The presumption is to the effect that a person who has in his physical possession anything containing arms or ammunition or a key to anything containing arms or ammunition is presumed to have had the arms or ammunition in his possession until the contrary is proved and is presumed to have known the nature of the arms or ammunition. The presumption is not rebutted by proof that the defendant did not have in his physical possession of the arms or ammunition.
11. Clause 11---This clause makes consequential amendments to section 27 as a result of empowering the Commissioner to specify the forms for the purposes of the principal Ordinance (See clause 27). This clause also enlarges the power of the Commissioner to attach conditions to a licence granted by him under the principal Ordinance.
12. Clause 12---This clause introduces a new section 27A containing power for the Commissioner to attach terms and conditions, in addition to those he may impose under section 27(4), to a licence granted to the responsible officer of a shooting club. The additional terms and conditions may relate to the conduct of the shooting club in so far it affects the possession and use of arms and ammunition by its members and regulation of the operation of a shooting range and an armoury and the safety of persons.
13. Clause 13 amends section 28(e) to the effect that a licence for possession granted to a security guard may specify the type of arms in addition to the class or description. It also provides that the licence is to be in the form specified by the Commissioner.
14. Clause 14 substitutes a new section 29 for the existing section 29. The changes in subsection (1) are that it enables the Commissioner, in a dealer's licence, to specify the type, class or description of arms or ammunition for which the licence is granted. Previously the licence had to be for a prescribed class of arms or ammunition. Subsection (2) is new and it empowers the Commissioner to authorize a person named in it to deal in arms or ammunition in places approved by the Commissioner in relation to a particular case (in addition to the premises specified in the licence) subject to the terms and conditions he may impose. Also the dealer's licence is to be in the specified form.
15. Clause 15 amends section 30 to permit a person to convey, under a dealer's licence, arms from place to place and not only from one place to another as is the case now.
16. Clause 16 amends section 32 to the effect that the application for a renewal of a licence is to be in the specified form. It also enlarges the power of the Commissioner to attach terms and conditions upon renewing a licence.
17. Clause 17 which amends section 33 empowers the Commissioner to amend a licence on his own initiative. Under the principal Ordinance he has power to cancel, vary or revoke a licence. The amendments also enlarge the power of the Commissioner to impose conditions on a licence.
18. Clause 18---This clause amends section 34 to require the Commissioner to inform the person, affected by any unfavourable decision he makes under the new powers conferred on him, of the decision and the reasons for the decision.
19. Clause 19 amends section 35 so that a person who is aggrieved by a decision of the Commissioner under his new powers has the right to appeal to the Administrative Appeals Board within 28 days after receiving notice of the decision. This clause also amends section 35 to remove the existing provision that if an appeal is intended to be brought from a decision of the Commissioner to revoke a licence, the obligation to surrender the licence does not arise for 28 days.
20. Clause 20---The effect of this amendment is that the notice of disposal of arms given under section 36 is to be in the specified form instead of a prescribed form.
21. Clause 21 amends section 37 so that the register of transactions a dealer is required to keep is to be in a form specified by the Commissioner. The particulars to be recorded in the register are to be specified by the Commissioner instead of being prescribed.
22. Clause 22---The effect of the amendment to section 46 is that different fees may be prescribed for firearms of a specified class or description as well as a specified type (which is the case now).
23. Clause 23---This clause adds new section 46A which empowers the Commissioner to approve an enclosed area as an armoury for the safe storage of arms and ammunition, new section 46B which gives the Commissioner the power to approve as a shooting range a place or premises for the purpose of shooting for practice, recreation, sport or competition, or testing or proving of arms or ammunition, or instruction in the use and handling of arms and ammunition and new section 46C which empowers the Commissioner to approve as a range officer a person who conducts and supervises the use of a shooting range.
24. Clause 24---This clause amends section 47 so that it is an offence to make a false statement for the purpose of obtaining from the Commissioner an exemption from the requirement to hold a licence.
25. Clause 25 extends the regulation-making power of the Chief Executive in Council to make regulations to empower the Commissioner to determine the suitability of a person to be an approved agent, authorized arms instructor or a range officer and to require an applicant to undergo tests or examinations, to determine the contents and extent of a course conducted by an authorized arms instructor, to determine the criteria for the operation by the club of a shooting range, an armoury or other facility.
26. Clause 26 repeals the transitional provisions introduced upon the repeal of the former Arms and Ammunition Ordinance as they have had their effect.
27. Clause 27 adds a new section 58 which empowers the Commissioner to specify forms for the purposes of the principal Ordinance. Under the existing principal Ordinance forms are prescribed in the regulations.
28. Clauses 28 and 29 respectively include in the Summary Offences Ordinance (Cap. 228) a definition of "air gun" which is the same as the definition of "air gun" included in the principal Ordinance and adds an offence of discharging an air gun as an offence under that Ordinance.
29. Clause 30 removes from the Schedule to the Firearms and Ammunition (Declaration of Arms) Regulations (Cap. 238 sub. leg.) the definitions of "air gun", "air pistol" and "air rifle" consequential upon the inclusion of those definitions in the principal Ordinance.
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