§ 93 — Amendments to Arms Offences Act

93. The Arms Offences Act (Cap. 14) is amended —(a)

by deleting the word “arms” wherever it appears in the long title and substituting in each case the word “guns”;

(b)

by deleting the definitions of “arm” and “imitation arm” in section 2 and substituting the following definitions:“ “carry”, in relation to a gun, includes to have on or about an individual’s person;

“gun” has the meaning given by section 3 of the Guns, Explosives and Weapons Control Act 2021, and excludes an imitation gun;

“imitation gun” means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance a gun but that is not a gun, or any such object that is produced and identified as a toy;”;

(c)

by deleting the definitions of “trafficking in arms” and “unlawful possession” in section 2 and substituting the following definitions:“ “trafficking in guns” means to import, supply or transfer 2 or more guns (whether or not of the same kind) in contravention of the Guns, Explosives and Weapons Control Act 2021, or any Act, repealed by that Act intending to —(a)

injure, or endanger the safety of, another person;

(b)

cause reasonable fear of the infliction of injury to another person; or

(c)

destroy or damage any property;

“unlawful possession”, in relation to a gun, means possession of a gun when —(a)

not authorised by a licence or a class licence under the Guns, Explosives and Weapons Control Act 2021;

(b)

not in accordance with the conditions of a licence or a class licence mentioned in paragraph (a); and

(c)

not exempt from the Guns, Explosives and Weapons Control Act 2021 with respect to possession of that gun;”;

(d)

by deleting paragraphs (a) and (b) of the definition of “use” in section 2 and substituting the following paragraphs:“(a)

to fire the gun; or

(b)

to hold the gun so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.”;

(e)

by repealing section 3 and substituting the following sections:“Unlawful possession of gun with criminal intent

3.—(1) A person commits an offence if —(a)

the person carries a gun intending to —(i)

injure, or endanger the safety of, another person;

(ii)

cause reasonable fear of the infliction of injury to another person;

(iii)

destroy or damage any property; or

(iv)

facilitate another person to injure, or endanger the safety of, another person, cause reasonable fear of the infliction of injury to another person, or destroy or damage any property, using the gun; and

(b)

the person is then in unlawful possession of the gun.

(2) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes.

(3) However, where a person who is convicted of an offence under subsection (1) is proved to have been previously convicted of a scheduled offence, the person shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 6 strokes.

Aggravating circumstances for scheduled offence

3A. Where a person is convicted of a scheduled offence, the person shall be punished with imprisonment for life and shall also be punished with caning with not less than 6 strokes if the person, at the time of his committing or at the time of his apprehension for the scheduled offence —(a)

is carrying any gun; and

(b)

is in unlawful possession of the gun.”;

(f)

by deleting the words “any arm” in section 4(1) and substituting the words “any gun intending to injure, or endanger the safety of, another person, to cause reasonable fear of the infliction of injury or to destroy or damage any property”;

(g)

by deleting the words “any arm” in section 4(2) and substituting the words “any gun”;

(h)

by deleting the words “arm with the intention to cause physical injury to any person or property” in section 4(2) and substituting the words “gun intending to injure, or endanger the safety of, another person, to cause reasonable fear of the infliction of injury or to destroy or damage any property”;

(i)

by deleting the words “any arm” in the following provisions and substituting in each case the words “any gun”:Sections 4A, 5, 7 and 9;

(j)

by deleting the word “arms” in the section headings of sections 4, 4A, 6 and 7 and in section 11 and substituting in each case the word “guns”;

(k)

by deleting the words “the arm” wherever they appear in sections 5 and 9 and substituting in each case the words “the gun”;

(l)

by deleting the words “trafficking in arms” in section 6(1) and substituting the words “trafficking in guns”;

(m)

by deleting subsection (2) of section 6;

(n)

by deleting the words “any such arm” in section 7 and substituting the words “any such gun”;

(o)

by deleting the words “of such arm” in section 7 and substituting the words “of the gun”;

(p)

by deleting the words “imitation arm” in section 8 and in the section heading and substituting in each case the words “imitation gun”;

(q)

by repealing section 10; and

(r)

by deleting the words “Arms and Explosives Act (Cap. 13)” in section 11 and substituting the words “Guns, Explosives and Weapons Control Act 2021”.

—(1) A person commits an offence if —(a)

the person carries a gun intending to —(i)

injure, or endanger the safety of, another person;

(ii)

cause reasonable fear of the infliction of injury to another person;

(iii)

destroy or damage any property; or

(iv)

facilitate another person to injure, or endanger the safety of, another person, cause reasonable fear of the infliction of injury to another person, or destroy or damage any property, using the gun; and

(b)

the person is then in unlawful possession of the gun.

(2) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes.

(3) However, where a person who is convicted of an offence under subsection (1) is proved to have been previously convicted of a scheduled offence, the person shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 6 strokes.

3A. Where a person is convicted of a scheduled offence, the person shall be punished with imprisonment for life and shall also be punished with caning with not less than 6 strokes if the person, at the time of his committing or at the time of his apprehension for the scheduled offence —(a)

is carrying any gun; and

(b)

is in unlawful possession of the gun.”;