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The following draft law is currently under consideration by the Royal Government of Cambodia. If you wish to participate in the public discussion of this law, kindly send your comments to wgwr@bigpond.com.kh at your earliest convenience. |
25/07/00
TITLE
THE LAW ON ARMS, EXPLOSIVES AND MUNITIONS
PREAMBLE
The Kingdom of Cambodia has recovered from three decades of internecine strife. It is now on the threshold of achieving a peaceful society, based on the principles of mutual reconciliation and dedication to the future. The years of vicissitudes, however, have left in their wake a legacy of insecurity. An inseparable part of that heritage is the wide proliferation of illegal arms and explosives of all kinds throughout the Kingdom, the existence of which continues to threaten a true and lasting peace consistent with the religious ethic of the Cambodian people. Accordingly, the purpose of this law is to ensure the protection, safety, tranquillity and peaceful pursuits of the citizens of the Kingdom through establishment of the principle of a weapons-free civil society. This will provide for removal from the civilian population of the menace of illegal arms and explosives, while at the same time strengthening oversight and accountability for use of arms and explosives by the Royal Government.
CHAPTER I
GENERAL PROVISIONS
Article 1.
This law covers the ownership, possession, carrying, utilisation, purchase, sale, loan, transfer, distribution, transport, manufacture, fabrication, import and export of all arms, weapons, explosives and munitions.
Article 2.
Except as hereinafter provided, private or personal ownership or possession, carrying, utilisation, purchase, sale, loan, transfer, distribution, transport, manufacture, fabrication, import or export of any and all arms, explosives or munitions into, in or within or having effect in or within the Kingdom of Cambodia, are prohibited.
Exception from this prohibition may be accorded for designated arms and munitions for protection against a credible threat to life or property, or as otherwise provided below.
Possession, carrying and utilisation of any and all arms, explosives or munitions, by members of the Royal Cambodian Armed Forces, Royal Gendarmerie, National Police, civil officials charged with security duties, other civil and elected officials, militia and any and all other Royal Government-sanctioned uniformed armed services shall be controlled and regulated as herein specified.
Article 3.
For purposes of this law, the following definitions shall apply:
civil: any and all individual persons, groups of persons, or entities such as societies, communities, villages, organisations, companies incorporated or not, commercial establishments, syndicates, unions, they and any and all other persons or private entities of whatever character before the law;
uniformed armed services: the Royal Cambodian Armed Forces, Royal Gendarmerie, National Police, civil officials charged with security duties, militia and any other Royal Government-sanctioned uniformed armed services;
other civil and elected officials: those appointed officials of the Royal Government who do not have security duties as such and those officials elected at national level; and
anyone: all the above.
Article 4.
Arms, explosives and munitions are defined in two classifications. The first comprises the following::
arms: such firearms as pistols, single-shot bolt rifles and guns, and the munitions for such weapons ;
explosive: any substance or article that is made, manufactured or used to produce an explosion or detonation by a weapon or arm and which could cause serious injury or death;
munition, munitions, or ammunition: the complete round or its components, including cartridge cases, primers, propellant powder, bullets or projectiles that are used in any arm; and
other: any other lethal instrument used as a weapon with intent to menace or harm.
Article 5.
The second classification comprises:
all automatic and semi-automatic pistols, assault rifles, rocket-propelled grenade launchers, machine- and sub-machine-guns, and missiles;
all silent weapons or silencers for weapons, all types of rockets or armed projectiles, any and all types of explosives and munitions, all types of grenades, mines and any and all chemical or biological weapons or munitions, and tear, anaesthetic or toxic gases of any and all kinds; and
all mortars, howitzers, and any and all other such weapons and their munitions.
Article 6.
The exception from the prohibition under Article 2 above shall be limited to villages or groups of villages upon a written request of the village chief or chiefs citing the origins and scope of the credible threat to life or property. No format is required for such a request, but it shall specify the arms to be employed, including registration numbers or other identifying data; the precise numbers of cartridges or other munitions; the names, ages and house location of each person retaining such a weapon; and the provisions for separate and secure storage of the arms and munitions under lock and key at the village, commune or district.
The request shall be channelled through the responsible commune and district authorities, including the principal National Police officer at each level. It shall be submitted by the governor to the Ministry of Interior for approval.
Such approval shall be limited to the retention and use of: man-portable single-shot and semi-automatic pistols of a maximum 9 mm; single-shot bolt rifles of a maximum 8 mm; and single-shot shotguns. The approval shall also specify the storage and security requirements both for arms and ammunition.
Such approval shall be limited to one year, with renewal to depend on whether there is a continuing or return of a credible threat to life or property.
Article 7.
Private security and bodyguard entities may be accorded three-year renewable licenses, which suspend the prohibition under Article 2 above. Approval of such licenses by the Royal Government shall be on the joint proposition of the Ministry of National Defense and the Ministry of Interior.
Such licenses shall specify:
use is limited to man-portable arms, not exceeding 9 mm for pistols and 8 mm for rifles;
a security guard or bodyguard may not shoot, except for legitimate self-defense or to protect human lives;
the security or bodyguard entity shall be liable for any harm to innocent third parties resulting from any shooting by a security guard or bodyguard;
weapons and munitions shall only be carried by personnel on duty; and at all other times they shall be kept in separate secure and locked storage;
all arms shall be registered with the National Police, and all munitions shall be inventoried every six months and the figures reported to the National Police;
the entities’ facilities shall be open for inspection by the National Police at all times; and
arms-carrying personnel of the security or bodyguard entity shall be required to take training and testing in the use of arms at one-year intervals, conducted and supervised by the National Police.
Article 8.
The Ministry of Interior may authorise the possession, ownership and carrying of hunting arms by individual license, which suspends the prohibition under Article 2 above.
Such hunting arms shall be limited to single-shot bolt rifles of 8 mm maximum or shotguns. When not in use for hunting, such arms and munitions shall be kept separately under lock and key.
Each license shall: be for a period of three years, renewable; be for a fixed annual hunting period of not to exceed six months; specify the arm itself; prescribe the munitions allowance per period; be issued only to persons with appropriate identity documentation; require a minimum age twenty-five (25) years and two character references by persons, non-family, who have known the applicant for at least ten (10) years; and specify the minimum separate storage conditions for both arm and munitions. No license may be issued to anyone who has been convicted of any violent crime.
Article 9.
The Ministry of Interior may license target shooting clubs whose members and the clubs themselves are certified by the relevant national sport federation. Such licenses shall suspend the prohibition under Article 2 above.
Such clubs shall be under the control and oversight of the nearest National Police Commissariat, such control and oversight to include approval of all members, types of arms used, and calendar for target sessions. Weapons used by such clubs shall be limited to pistols of 9 mm maximum and single-shot bolt rifles of 8mm maximum. Each license shall be for three years, renewable. It shall specify the number of cartridges or munitions which the club may possess or use during the approved calendar for shooting sessions. When not in use for target shooting sessions, the arms and ammunition of the club shall be deposited and kept in secure storage at the nearest National Police post.
No one shall be a member of such club without presenting appropriate identity documentation, without having attained age twenty-five (25) years, or without presenting character references from two persons, non-family, who have known him at least ten (10) years. No one shall be a member who has been convicted of a violent crime.
Article 10.
No foreigner resident or domiciled in, or travelling in or through, the Kingdom shall be eligible to own, possess, carry or use any arm, explosive or munitions in the territory of the Kingdom of Cambodia.
Article 11.
Notwithstanding the provisions of Article 10, permission for the carrying and pretended use of unloaded or blank-loaded arms by film, television, publicity, or similar entertainment or commercial entities may be approved by the Ministry of Interior for periods not to exceed three months at a time.
Application for such permission shall: describe in detail the type of activity involved; the dates and places where such action will take place; all logistics and support arrangements the number and nationality of the persons involved; the citizenship and ownership of the commercial or entertainment entity requesting the permission; an authenticating certification from the relevant diplomatic mission; and payment of the fee prescribed by the Royal Government.
Article 12.
The possession, carrying or use of any arm, explosive or munitions by accredited diplomatic missions to the Royal Government, and the accredited diplomatic personnel of such missions, shall be governed by the privileges and immunities contained in the applicable international conventions and treaties to which the Kingdom of Cambodia is signatory, except as bilateral agreements of the Royal Government provide otherwise.
Article 13.
Every citizen, resident or domiciliary of the Kingdom of Cambodia is subject to the full injunction of the provisions of Article 2. Accordingly, anyone owning or possessing arms, explosives or munitions without authorisation as required under this law, shall turn these in to the competent authority designated through the inter-ministerial consultation process of the Ministry of National Defense and Ministry of Interior.
The authority under the appropriate criminal law and procedure to search for illegal arms, explosives and munitions shall not be abridged.
CHAPTER II
IMPORT, EXPORT, PRODUCTION
AND TRANSPORT
Article 14.
Import, export and production of any and all arms, explosives and munitions are within the sole and exclusive province and jurisdiction of the Royal Government.
The proposal for Government approval of import or production for purposes of national defense shall originate with the Ministry of National Defense.
The proposal for Government approval of import for purposes of internal security or otherwise to meet requirements under Articles 6 through 9 above shall originate with the Ministry of Interior;
Proposals for Government approval for export shall be initiated by the Ministry of National Defense and Ministry of Interior through the inter-ministerial consultation process and shall be co-ordinated with the Ministries of Justice; Trade and Commerce; and Foreign Affairs and International Cooperation to ensure compatibility with relevant regional and international treaties, agreements and conventions.
Article 15.
Internal transport of arms, explosives and munitions is within the competence of the Ministry of National Defense where the purpose is national defense, or the Ministry of Interior where the purpose is internal security.
CHAPTER III
CONTROL, OVERSIGHT AND AUTHORISATION
OF THE USE OF
ALL TYPES OF ARMS, EXPLOSIVES AND MUNITIONS
Article 16.
Those arms, explosives and munitions turned-in pursuant to Article 13, which come within the definition of Article 4 shall be registered and assigned to the Directorate-General of the National Police for disposition. Those coming within the definition of Article 5 shall be registered and assigned to the Ministry of National Defense for disposition at all echelons which are authorised to have such arms, explosives and munitions pursuant to relevant regulations of the Ministry of Defense.
Article 17.
The Ministry of National Defense is responsible for control and oversight of any and all types of arms, explosives and munitions which are not currently in use of the Royal Cambodian Armed Forces and Royal Gendarmerie.
Article 18.
The Ministry of Interior is responsible for control and oversight of any and all types of arms, explosives and munitions of the National Police, civil officials charged with security duties, other civil and elected officials, militia and any other Government-sanctioned uniformed armed services.
Article 19.
It is within the province and competence of the Ministry of National Defense to issue the order authorising transport and use of any and all types of arms, explosives and munitions by the Royal Cambodian Armed Forces and Royal Gendarmerie. Similarly, it is within the province and competence of the Ministry of Interior to issue the order authorising transport and use of any and all types of arms, explosives and munitions by the National Police, civil officials charged with security duties, other civil and elected officials, militia and other Government-sanctioned uniformed armed services, provided that for civil officials charged with security duties, such authorisation shall be collective.
Such authorisation shall specifically prescribe the type of arm, explosive and munitions involved, specific terms for transport and the conditions under which they may be employed, except that for the Royal Cambodian Armed Forces, Royal Gendarmerie and National Police, and militia, they may only be employed during an operation. The authorisation shall be for use of the arms, explosives and munitions collectively for the unit or units identified in the authorisation. It shall also designate the officer responsible for determining that the conditions for the authorisation have or have not been met, and for ordering the employment of arms on site for the purpose authorised. In all cases, the distinction between the authority to carry and arm and to use an arm shall be absolutely clear in the authorisation. Self-defense and saving of human lives shall be the guiding determinants with respect to firing at a person.
The procedures and conditions for requesting authorisation for transport and use of arms, explosives and munitions shall be defined in a joint directive of the Ministries of National Defense and Interior determined through the inter-ministerial consultation process.
Article 20.
Notwithstanding any other provision of this Law, autorisation is required in all cases for transporting any and all types of arms, explosives or munitions into or in transit through Phnom Penh.
Article 21.
In addition to an authorisation for transport and use of arms, explosives or munitions collectively, the unit or units of the Royal Cambodian Armed Forces, Royal Gendarmerie and National Police, and militia, identified in the authorization under Article 19 above must be vested with a mission order specifying the operation to be carried out. The mission order shall designate the officers responsible for command of the operation and for tactical command on site.
Mission orders for the Royal Cambodian Armed Forces must be signed by one of the following officers: chief of cabinet or chief of Materials and Technical Services of the Ministry of National Defense; chief of cabinet of Headquarters, Royal Cambodian Armed Forces; commander of the Army, the Navy or the Air Force; Commandant of the Royal Gendarmerie; commandant of a large division or commandant of a second-line division of the Royal Cambodian Armed Forces, commander of a military region; or commander of an operational sub-zone.
Mission orders for the National Police, and militia if engaged in an operation, must be signed by the Director-General of the National Police, or provincial or municipal Commissioner of Police.
The Ministries of National Defense and Interior, through the inter-ministerial consultation process, shall determine the type of arms, explosives and munitions necessary for accomplishment of each different type, category or level of operation.
The mission order shall also direct that all arms, explosives and munitions employed in an operation be returned to the unit armoury from which they were issued immediately upon termination of the operation. The armoury officer in charge, under whose authority the arms, explosives and munitions were issued, and the commanding officer of the receiving unit, shall be jointly accountable for all such arms, explosives and munitions until they are returned and so recorded.
Article 22.
The Ministry of National Defense is responsible for safe and secure storage for any and all arms, explosives and munitions of the Royal Cambodian Armed Forces and the Royal Gendarmerie. The Ministry of Interior is responsible for safe and secure storage for any and all arms, explosives and munitions of the National Police, civil officials charged with security duties, other civil and elected officials, militia and any other Government-sanctioned uniformed armed services. Both the Ministry of National Defense and Ministry of Interior shall have the authority to control access to and around the reasonable perimetre of such storage in order to
All arms shall be registered and all arms, explosives and munitions shall be stored in and returned to secure armouries. They shall be issued only for:
Operations as specified under Article 21 above;
Duty assignments during duty hours, when necessary for the performance of such duty, for personnel of the Royal Cambodian Armed Forces, Royal Gendarmerie, National Police, civil officials charged with security duties, militia and any other Government-sanctioned uniformed armed services, and other civil and elected officials. Such personnel shall be individually: responsible for safe-guarding the arms, explosives and munitions during such duty; liable for any harm or damage to third parties or property resulting from any failure to safe-guard such arms, explosives and munitions; and accountable for their return to the issuing armoury upon termination of duty. These provisions specifically include pistols or side arms of any and all type.
Exceptions to these storage provisions may be accorded by the Ministry of National Defense in the case of the Royal Cambodian Armed Forces and Royal Gendarmerie, and by the Ministry of Interior for the National Police, civil officials charged with security duties, other civil and elected officials, militia and any other Government-sanctioned uniformed armed services. Such exceptions shall take into account among other criteria the absence of secure storage and the requirements for personal safety.
Article 23.
Other civil and elected officials of the Royal Government may be authorised by the Ministry of Interior to possess and carry a pistol, not exceeding 9 mm, where there is a credible threat to the life or property of such civil or elected official.
Officers of the rank of colonel, or equivalent, and above of the Royal Cambodia Armed Forces and Royal Gendarmerie may be authorised by the Ministry of National Defense to possess and carry a pistol, not exceeding 9 mm. Similarly, such officers of the National Police may be authorised by the Ministry of Interior to possess and carry such a weapon. More junior officers of each of the three preceding uniformed armed services may be authorised by the relevant responsible Ministry to possess and carry a pistol when such Ministry finds that there is a credible threat to the life of such officer.
Authorisations above to possess and carry a pistol shall: be limited to one year renewable three times; require registration of the weapon; prescribe the allowance for ammunition; state that the pistol may be transported individually by the authorised official or officer, and specifically prescribe the terms and conditions governing possible use of the weapon. Such terms and conditions shall provide, at a minimum, that the weapon shall not be fired at a person except for legitimate self-defense or to protect human lives. The provisions of Article 22 shall apply to such possession and carrying of pistols.
CHAPTER IV
LOSS OF WEAPON OR AMMUNITION AND
DELETION OF ARMS FROM THE LIST
Article 24.
Any and every loss, through theft or otherwise, of arms, explosives or munitions shall be reported in writing immediately the loss is discovered. The report of loss shall be in writing, shall specify details of the arm, including registration number, the type and number of ammunition, and the circumstances of the loss. In the case of the civilian population, the report shall be submitted by personal delivery to the nearest National Police post. In the case of the Royal Cambodian Armed Forces, the Royal Gendarmerie, and the National Police, the report shall be submitted by the person responsible for the weapon to his immediate superior officer. For civil officials with security duties, the report shall be submitted to the immediate superior of the person responsible for the weapon, explosive or ammunition, for forwarding to the Directorate-General of the National Police. For other civil and elected officials, the report shall be submitted directly to the Directorate-General of the National Police. In no case shall a weapon be destroyed without approval of the competent authority.
CHAPTER V
PENALTIES
Article 25.
Any person who, without other criminal intent or act, possesses without authorisation under this law and fails to turn-in to competent authority pursuant to Article 13 a weapon defined under Article 4 be liable to confiscation of the weapon and imprisonment for three months to three years.
Any person who, with other criminal intent or act, possesses without authorisation under this law and fails to turn-in to competent authority pursuant to Article 13 a weapon defined under Article 4 shall be liable to confiscation of the weapon and imprisonment for one to four years, in addition to punishment under the appropriate provision of law for the said criminal infraction.
Any person who, without other criminal intent or act, possesses without authorisation under this law and fails to turn-in to competent authority pursuant to Article 13 a weapon defined under Article 5 shall be liable to confiscation of the weapon and imprisonment for one to four years.
Any person who, with other criminal purpose or activity, possesses without authorisation under this law and fails to turn-in to competent authority pursuant to Article 13 a weapon defined under Article 5 shall be liable to confiscation of the weapon and imprisonment for two to five years, in addition to punishment under the appropriate provision of law for the said criminal infraction.
Any member of the uniformed armed services who, without other criminal intent or act, possesses without authorisation under this law and relevant regulations a weapon defined under Article 4 shall be liable to confiscation of the weapon and imprisonment for six months to four years, in addition to disciplinary sanction under the appropriate provision of law.
Any member of the uniformed armed services who, with criminal intent or act, possesses without authorisation under this law and relevant regulations a weapon defined under Article 4 shall be liable to confiscation of the weapon and imprisonment for two to five years, in addition to disciplinary sanction and punishment for the criminal infraction under the appropriate provisions of law.
Any member of the uniformed armed services who, without other criminal intent or act, possesses without authorisation under this law and relevant regulations a weapon defined under Article 5 shall be liable to confiscation of the weapon and imprisonment for two to five years, in addition to disciplinary sanction under the appropriate provision of law.
Any member of the uniformed armed services who, with criminal intent and act, possesses without authorisation under this law and relevant regulations a weapon defined under Article 5 shall be liable to confiscation of the weapon and imprisonment for two to six years, in addition to disciplinary action and punishment for the criminal infraction under the appropriate provisions of law.
The provisions above with respect to members of the uniformed armed services shall apply equally to other civil and elected officials.
The provisions above prescribing penalties for weapon possession by anyone shall apply to the purchase, sale, loan, transfer, distribution and transport of such weapon.
The provisions above prescribing penalties for weapon possession by anyone shall be increased by one-third for the carrying and utilisation of such weapon; except that where such carrying or utilisation abuses or otherwise harms third parties, the penalty shall be doubled.
The provisions above prescribing penalties for weapon possession by anyone shall be increased by two-thirds for the manufacture, fabrication, import or export of such weapon.
Anyone who introduces or attempts to introduce arms, explosives or munitions into or in transit through Phnom Penh without authorisation shall be liable to imprisonment for two to six years, in addition to disciplinary sanction and criminal punishment, if applicable, under the appropriate provisions of law.
Anyone who authorises or attempts to authorize the use of arms, explosives or munitions collectively without a mission order shall be liable to imprisonment for two to six years, in addition to disciplinary sanction and criminal punishment, if applicable, under the appropriate provisions of law.
Anyone who authorises or attempts to authorize the use beyond duty assignment or hours, except as provided under Article 22, of arms, explosives or munitions shall be liable to imprisonment for two to four years, in addition to disciplinary sanction and criminal punishment, if applicable, under the appropriate provisions of law.
Anyone who possesses, uses or attempts to use, or makes a false authorisation to possess or use arms, explosives or munitions shall be liable to imprisonment for two to six years and criminal punishment, if applicable, under the appropriate provisions of law.
Anyone who engages or attempts to engage in hunting by use of arms, or authorises or attempts to authorise any other person to do so, except as provided under Article 8, shall be liable to confiscation of weapon, revocation of any license, ineligibility for five years for re-issuance of - any such license, disciplinary sanction if applicable and imprisonment for three months to three years.
Anyone who engages or attempts to engage by group in target shooting or similar activity, or who authorises or attempts to authorise any such group to do so, except as provided under Article 9, shall be liable to confiscation of weapon or weapons, revocation of license, disbanding of any such group, ineligibility for five years for re-issuance of any license, disciplinary sanction if applicable, and imprisonment for one to three years.
The arms, explosives and munitions which constitute the material proof of violations of the law above shall be confiscated as property of the Kingdom of Cambodia. Those arms, explosives and munitions coming within the definition of Article 4 shall be assigned to the Directorate-General of the National Police for disposition; and those coming within the definition of Article 5 shall be assigned to the Ministry of National Defense for disposition.
CHAPTER VI
RIGHTS OF THE CITIZEN
Article 26.
This law shall be applied with full regard and respect for the rights of every citizen under the Constitution and the appropriate criminal law and procedure in effect.
CHAPTER VII
TRANSITIONAL PROVISIONS
Article 27.
- Implementation of Article 13 shall be applied with an amnesty for six months following the effective date of this law.
Article 28.
Article 29.
The ‘Law on Punishment or the Possession of Weapons and Wearing of Uniforms in Violation of the Regulations’ dated 31 January 1992, is hereby repealed; and Decree No. 11 of 7 February 1992 promulgating such Law is hereby abrogated.
Article 54 of the ‘Provisions Relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia During the Transitional Period’ dated 10 September 1992 is hereby repealed.
Sub-Decree No. 38 on the ‘Management and Control, Importation, Production, Sale, Purchase, Distribution and Utilization of All Types of Arms and Explosives,’ dated 30 April 1999, is hereby abrogated.
Those provisions of all other decrees, sub-decrees, orders, instructions, or any other regulatory instrument of the Government which are or may be contrary to or inconsistent with the provisions of this law are hereby abrogated.
[SIGNATURES, SEALS AND DATE]