Possession of offensive weapon with intent

Possession of offensive weapon with intent is an offence contrary to Section 17 of the Summary Offences Ordinance (Chapter 228). Under Section 17 it is an offence to have possession of any wrist restraint or other instrument or article 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 the same for any unlawful purpose. It is a question of fact whether a defendant has possession of any of the specified items. The meaning of offensive weapon is the same in Section 17 of the Summary Offences Ordinance (Chapter 228) as in Section 33 of the Public Order Ordinance (Chapter 245). Section 17 requires a specific intent to use the item for an unlawful purpose. Possession of a wooden stick intending to use it to attack someone is possession for an unlawful purpose. Whether there is intent to use the item for an unlawful purpose depends upon the circumstances of the particular case. The court will look at the nature of item, the circumstances of possession, what was said or done before, during and after the incident giving rise to the charge when considering whether or not there was intent to use the item for an unlawful purpose. The maximum penalty under Section 17 is a fine of $5,000 or imprisonment for 2 years. The court has a far wider sentencing discretion under Section 17 than it has for possession of an offensive weapon in a public place contrary to Section 33 of the Public Order Ordinance (Chapter 245).