Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/34

CHEMICAL WEAPONS (CONVENTION) ORDINANCE PART 9 29. Part 2 offences (Chemical weapons)

(1) A person who contravenes section 5 commits an offence and is liable on conviction on indictment to imprisonment for life.

(2) In proceedings for an offence under subsection (1), where section 5(a), (b), (c) or (d) is applicable to an article, it is a defence for the person charged with the offence to prove—
 * (a) that he neither knew nor suspected nor had reason to suspect that the article was a chemical weapon; or
 * (b) that he knew or suspected the article to be a chemical weapon and as soon as was practicable after he first so knew or suspected he took all reasonable steps to inform a member of the Customs and Excise Service or an authorized officer of his knowledge or suspicion.

(3) Nothing in subsection (2) prejudices any defence which it is open to a person charged with an offence under section 5 to raise apart from that subsection.[''cf. 1996 c. 6 s. 2(6), (7) & (8) U.K.'']

(4) A person who contravenes section 7(1) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

30. Part 3 offences (Permits)

(1) A person who—
 * (a) is required under section 8(1)(a) to have a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at that facility, or the transfer of Schedule 1 chemicals from that facility; and
 * (b) without, or otherwise than in accordance with, such a permit, intentionally or recklessly produces, acquires, retains or uses Schedule 1 chemicals at that facility, or transfers Schedule 1 chemicals from that facility,

commits an offence and is liable—
 * (c) on summary conviction to a fine of $200,000 and to imprisonment for 2 years;
 * (d) on conviction on indictment to a fine of $500,000 and to imprisonment for 5 years.

(2) A person who—