Cap 491 - BIOLOGICAL WEAPONS ORDINANCE 1

Chapter: 491 BIOLOGICAL WEAPONS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To prohibit the development, production, acquisition and possession of certain biological agents and toxins and of
biological weapons.

(Enacted 1996)


[24 May 1996]

(Originally 23 of 1996)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Biological Weapons Ordinance.
(Enacted 1996)


Section: 2 Restriction on development etc. of certain biological agents

and toxins and of biological weapons
30/06/1997



(1) No person shall develop, produce, stockpile, acquire or retain-
(a) any biological agent or toxin of a type and in a quantity that has no justification for prophylactic,

protective or other peaceful purposes; or
(b) any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile

purposes or in armed conflict.
(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction on indictment to

imprisonment for life.
(3) In this section-

"biological agent" (生物劑) means any microbial or other biological agent;
"toxin" (毒素) means any toxin, whatever its origin or method of production.

(Enacted 1996)

Section: 3 Prosecution of offences L.N. 362 of 1997 01/07/1997


(1) Proceedings for an offence under section 2 shall not be instituted except by or with the consent of the
Secretary for Justice. (Amended L.N. 362 of 1997)

(2) Subsection (1) shall not prevent the issue or execution of a warrant for the arrest of any person in respect of
an offence, or the remanding in custody or on bail of any person charged with an offence.

(Enacted 1996)

Section: 4 Offences by bodies corporate 30/06/1997


Where an offence under section 2 which is committed by a body corporate is proved to have been committed
with the consent and connivance of any director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.

(Enacted 1996)

Section: 5 Powers to search and obtain evidence 30/06/1997


(1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an
offence under section 2 has been, is being, or is about to be, committed, he may grant a search warrant authorizing any
police officer-



Cap 491 - BIOLOGICAL WEAPONS ORDINANCE 2

(a) to enter any premises named in the warrant, if necessary by force, and to search the premises and every
person found there;

(b) to inspect any document, thing or substance found in the premises or in the possession of any person
found there, to take copies of any such document and to sample any such substance;

(c) to seize and detain any such document, thing or substance-
(i) in connection with which the police officer has reasonable grounds to suspect that an offence

under section 2 has been, is being, or is about to be, committed; or
(ii) which the police officer has reasonable grounds to suspect to be or to contain evidence that such

an offence has been committed.
(2) A warrant issued under subsection (1), authorizing a police officer to take the steps mentioned in that

subsection, may also authorize any person named in the warrant to accompany the police officer and assist him in
taking any of those steps.

(3) For the purpose of this section, "premises" (處所) includes any place and any vehicle, train, vessel or
aircraft.

(Enacted 1996)

Section: 6 (Omitted as spent) 30/06/1997


(Enacted 1996)