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2. Possession of offensive weapon with intent (s.17 Summary Offences Ordinance)

Anyone who has in his possession any wrist restraint or other instrument manufactured for the purpose of physically restraining a person, any handcuffs or thumbcuffs, any offensive weapon, or any crowbar, picklock, skeleton-key or other instrument fit for unlawful purposes, with intent to use for any unlawful purpose, is liable to a fine of $5,000 or to imprisonment for 2 years.

 

Offensive weapon means any article made, or adapted for use, or intended for causing injury to the person.

 

Even where an item is not an offensive weapon by itself, it can become an offensive weapon by reason of the intention of the possessor to use it as an offensive weapon.

 

The offence under this provision is not just targeted at offensive weapons but also handcuffs and other items used to restraining a person, and other items that can be used for unlawful purposes. Considering the specified items listed in this provision, e.g. crowbar, picklock etc., items that will assist in breaking into premises or vehicles will also likely be caught by this offence.

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