3. Making or possession of explosives (Section 55 Crimes Ordinance)
Anyone who makes or knowingly has in his possession or custody or under his control, an explosive substance is liable to imprisonment for 14 years unless he can show that he has made it or possess it for a lawful object.
If it is proved that the person charged knows that he is in possession or custody of or has control over (other than premises) a thing containing an explosive substance, he is presumed to know that he is in possession of an explosive substance.
“Explosive substance” includes any materials for making any explosive substance, any equipment or part of equipment intended to be used, adapted for causing explosion.
Crimes Ordinance adopts a more expansive definition of “explosive substance” as it stands now can cover substances that “detonate” or “explode” in its ordinary sense (such as a pipe bomb), substances that produced a “pyrotechnic effect” (such as smoke bombs which produce intense heat and smoke), and need not be substances that could produce a practical effect by explosion (HKSAR v. Kwan Ka Hei (2020) 23 HKCFAR 229).
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