§ 94 — Amendments to Corrosive and Explosive Substances and Offensive Weapons Act

94. The Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65) is amended —(a)

by inserting, immediately after the definition of “corrosive substance” in section 2, the following definition:“ “explosive device” has the meaning given by section 2(1) of the Guns, Explosives and Weapons Control Act 2021;”;

(b)

by deleting the words “bomb, grenade, apparatus, machine, implement” in the definition of “explosive substance” in section 2 and substituting the words “explosive device”;

(c)

by deleting the words “and any part of such bomb, grenade, apparatus, machine or implement” in the definition of “explosive substance” in section 2 and substituting the words “and any explosive device or part of an explosive device”;

(d)

by deleting the definition of “scheduled weapon” in section 2 and substituting the following definition:“ “scheduled weapon” means a weapon specified in the First Schedule to the Guns, Explosives and Weapons Control Act 2021.”;

(e)

by inserting, immediately after subsection (1) of section 6, the following subsections:“(1A) However, where the offensive weapon involved in the commission of an offence under subsection (1) is a prohibited weapon within the meaning of the Guns, Explosives and Weapons Control Act 2021, the person committing the offence shall be liable on conviction instead to imprisonment for a term not exceeding 5 years and shall also be punished with caning with not less than 6 strokes.

(1B) For the purposes of subsection (1) only, “lawful purpose” includes —(a)

for use at work;

(b)

for religious reasons;

(c)

for use in a theatrical production or film‑making for entertainment;

(d)

for an ornamental display;

(e)

for the slaughter or hunting of wild animals authorised under written law; and

(f)

for use in gardening, or in animal husbandry or primary production.”;

(f)

by inserting, immediately after subsection (1) of section 7, the following subsection:“(1A) A person does an act mentioned in subsection (1)(a), (b) or (c) otherwise than for a lawful purpose if —(a)

the person does so involving a scheduled weapon 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 scheduled weapon; and

(b)

the person’s possession of the scheduled weapon is then —(i)

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

(ii)

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

(iii)

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

(g)

by inserting, immediately after subsection (3) of section 7, the following subsection:“(4) A reference to “second or subsequent offence” in relation to an offence under subsection (1) is a reference to a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty of any of the following on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence:(i)

the same offence under subsection (1);

(ii)

an offence under subsection (1) as in force before the date of commencement of section 94(g) of the Guns, Explosives and Weapons Control Act 2021 and that involved a scheduled weapon.”;

(h)

by deleting the word “Schedules” in section 12 and in the section heading and substituting in each case the words “First Schedule”; and

(i)

by repealing the Second Schedule.

“(1A) However, where the offensive weapon involved in the commission of an offence under subsection (1) is a prohibited weapon within the meaning of the Guns, Explosives and Weapons Control Act 2021, the person committing the offence shall be liable on conviction instead to imprisonment for a term not exceeding 5 years and shall also be punished with caning with not less than 6 strokes.

(1B) For the purposes of subsection (1) only, “lawful purpose” includes —(a)

for use at work;

(b)

for religious reasons;

(c)

for use in a theatrical production or film‑making for entertainment;

(d)

for an ornamental display;

(e)

for the slaughter or hunting of wild animals authorised under written law; and

(f)

for use in gardening, or in animal husbandry or primary production.”;

“(1A) A person does an act mentioned in subsection (1)(a), (b) or (c) otherwise than for a lawful purpose if —(a)

the person does so involving a scheduled weapon 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 scheduled weapon; and

(b)

the person’s possession of the scheduled weapon is then —(i)

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

(ii)

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

(iii)

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

“(4) A reference to “second or subsequent offence” in relation to an offence under subsection (1) is a reference to a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty of any of the following on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence:(i)

the same offence under subsection (1);

(ii)

an offence under subsection (1) as in force before the date of commencement of section 94(g) of the Guns, Explosives and Weapons Control Act 2021 and that involved a scheduled weapon.”;