Australian man charged in Hong Kong after pistol-like object incident

An Australian man has been in custody in Hong Kong after being arrested on suspicion of carrying what appeared to be a gun and causing property damage.

The Hong Kong Police Force (HKPF) deployed counterterrorism officers and the Emergency Unit, after reports the 36-year-old tourist was "holding a pistol-like object" on Wednesday night.

Pictures seen by the ABC showed the man with his face covered by a black hood as he was taken away in a police vehicle in the district of Jordan.

Despite multiple local media reports that the object seized was a "toy gun", the ABC could not independently verify the claim.

In a statement to the ABC, a spokesperson for HKPF confirmed the man has been charged with one count of possession of an imitation firearm and one count of criminal damage.

"Police officers arrived at the scene and a suspected air gun was seized," a HKPF spokesperson told ABC News.

"While in custody at Yau Ma Tei Police Station, he damaged a wall and a smoke detector, leading to an additional offence of criminal damage."

The case will be mentioned at West Kowloon Magistrates' Courts today.

The Australian Department of Foreign Affairs and Trade (DFAT) told the ABC it was providing consular assistance to the family of the Australian citizen.

HKPF said officers were first alerted just after 10pm on Wednesday, after the man was reportedly spotted carrying "a pistol-like object" in an alleyway near Shanghai Street in the Yau Ma Tei district of the city.

About 15 minutes later, police reportedly received a second report that the man had tried to enter a bar in the Jordan district.

Local media outlet The Standard reported the man had entered the bar to use the toilet, but a staff member called the police and asked him to leave.

The outlet also reported the man was on holiday with his family and had been drinking alcohol.

Possible prison time

Hong Kong has strict laws governing firearms and imitation firearms, although toy guns are legally available in some shops.

Authorities have tightened security measures in recent years following the large-scale anti-extradition protest in 2019.

Enshen Li, associate professor at City University of Hong Kong said the consequences would depend on whether the object seized by police was legally considered an imitation firearm or a toy.

Dr Li said possession of an imitation firearm could be an offence under Hong Kong's Firearms and Ammunition Ordinance, carrying a maximum penalty of two years' imprisonment.

If the object turned out to be a toy gun, he said a possible charge would be negligently discharging an air gun in a way that endangered or annoyed others, which carried a maximum penalty of a $HK500 ($90) fine or three months in prison.

"The judge will consider all relevant mitigating and aggravating factors when deciding the sentence," Dr Li said.