7. Possession of firearms and ammunition (Section 13 Firearms and Ammunition Ordinance)
No person shall have in his possession any arms or ammunition unless he holds a licence for possession of such arms or ammunition or a dealer’s licence therefor. If so, a person commits an offence and is liable on conviction upon indictment to a fine of $100,000 and to imprisonment for 14 years (section 13 Firearms and Ammunition Ordinance).
“Possession”
A person has possession of an object if he knowingly has it in his physical and actual custody or otherwise within his physical control, and intends to have custody of it or to exercise control over it as when the occasion requires.
Physical custody means the object is on or about the individual’s person.
If a person is carrying an article in his hand or in a pocket of his clothing, he has it in his possession if:
- he know it is there;
- he intends it to be there;
- he is aware of its nature; and
- he intends to exercise control over the object as and when it is required.
A person has physical control over an article, if he knowingly has the ability, as and when occasion requires, to use it to the exclusion of other people or to keep it safe or away from other people and intends so to use or keep it.
An article may be possessed by more than one person at the same time. Mere presence in the company of an article is not of itself possession.
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