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Cap. 33 · Explosives Ordinance (Cap. 33)

Cap. 33 Art. 26DExclusion from holding a licence.

PART I

En vigueurTexte officiel

(1) Saving the provisions of any other law, the

Commissioner of Police shall not issue a licence under this Ordinance or under regulations made under this Ordinance to any person who, in the preceding five years of his application for a licence, has:

(a) been convicted of:

(i) an offence involving violence or attempted or threatened violence against the person; or

(ii) an offence under this Ordinance or the Arms

Act; or

(iii) an offence of bodily harm with an arms proper or other instrument or of taking up any arm proper or other instrument against other persons; or

(iv) an offence of theft; or

(v) an offence against the laws relating to white slave traffic or traffic of persons; or

(vi) an offence relating to trafficking in drugs; or

(vii) any other offence that the Minister may by regulation prescribe from time to time: Provided that, notwithstanding anything contained in the Probation Act, for the purposes of this paragraph a person shall be deemed to have been convicted even if any of the provisions of the said Act may have been applied in his regard; or

(b) has:

(i) a history of drug dependence or abuse; or

(ii) a medical certificate which does not certify the person physically or mentally able to work or enter into a gunpowder factory.

(2) Notwithstanding the provisions of sub-article (1) a licence under this Ordinance may be granted by special authority of the Minister in the circumstances provided in those sub-articles.

(3) A licence may be refused to any person in the interest of public order or in the interest of the safety of such person or of the general public.

(4) Any person aggrieved by a decision of the Commissioner in accordance with sub-article (1) may appeal to the Administrative Review Tribunal within seven days from the notification in writing of the refusal by the Commissioner.

Historique des modifications
  • Amended by IX.2018.5