UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - CHAPTER 537AD UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - LONG TITLE Empowering section (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - LONG TITLE Empowering section VerDate:27/04/2007 (Cap 537, section 3) [27 April 2007] (L.N. 64 of 2007) UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 1 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 1 Duration VerDate:27/04/2007 This Regulation expires at midnight on 31 October 2007. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 2 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 2 Interpretation VerDate:27/04/2007 PART 1 PRELIMINARY In this Regulation, unless the context otherwise requires— “Accra III Agreement” (《阿克拉協定三》) means the agreement known as the Accra III Agreement, signed in Accra, Ghana, on 30 July 2004 by the President of the Republic of Côte d’Ivoire, the Prime Minister of the Government of National Reconciliation and all the political forces of Côte d’Ivoire; “arms or related material” (軍火或相關的物資) includes military aircraft and equipment; “authorized officer” (獲授權人員) means— (a) a police officer; (b) a member of the Customs and Excise Service holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); or (c) a public officer employed in the Customs and Excise Department in the Trade Controls Officer Grade; “commander” (機長), in relation to an aircraft, means the member of the flight crew designated as the commander of the aircraft by the operator of the aircraft, or, failing such a person, the person who is for the time being the pilot in command of the aircraft; “Commissioner” (關長) means the Commissioner of Customs and Excise, the Deputy Commissioner of Customs and Excise or any Assistant Commissioner of Customs and Excise; “Committee” (委員會) means the Committee of the Security Council established pursuant to paragraph 14 of Resolution 1572; “funds” (資金) includes— (a) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; (b) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (c) securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); (d) interest, dividends or other income on or value accruing from or generated by property; (e) credit, rights of set-off, guarantees, performance bonds or other financial commitments; (f) letters of credit, bills of lading and bills of sale; and (g) documents evidencing an interest in funds or financial resources, and any other instrument of export financing; “High Representative for the elections” (選舉高級代表) means the person appointed by the Secretary-General of the United Nations as the High Representative of the Secretary-General for the elections in Côte d’Ivoire; “International Working Group” (國際工作組) means the International Working Group established, under a decision of the Peace and Security Council of the African Union adopted at its meeting held in Addis Ababa on 6 October 2005, to assist the Government of the Côte d’Ivoire in implementing the peace process; “licence” (特許) means a licence granted under section 10(1)(a) or (b), 11(1) or (2) or 12(1); “Linas-Marcoussis Agreement” (《利納—馬庫錫協定》) means the agreement known as the Linas-Marcoussis Agreement, signed by the Ivoirian political forces in Linas-Marcoussis on 24 January 2003 and approved by the Conference of Heads of States on Côte d’Ivoire held in Paris on 25 and 26 January 2003; “master” (船長), in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship; “operator” (營運人), in relation to a ship, aircraft or vehicle, means the person for the time being having the management of the ship, aircraft or vehicle; “person connected with Côte d’Ivoire” (有關連人士) means— (a) the Government of Côte d’Ivoire; (b) any person in, or resident in, Côte d’Ivoire; (c) any body incorporated or constituted under the law of Côte d’ Ivoire; (d) any body, wherever incorporated or constituted, which is controlled by the Government mentioned in paragraph (a), a person mentioned in paragraph (b) or a body mentioned in paragraph (c); or (e) any person acting on behalf of the Government mentioned in paragraph (a), a person mentioned in paragraph (b) or a body mentioned in paragraph (c) or (d); “prohibited goods” (禁制物品) means any arms or related material; “relevant entity” (有關實體) means an entity specified by the Chief Executive as a relevant entity in accordance with section 32; “relevant person” (有關人士) means a person specified by the Chief Executive as a relevant person in accordance with section 32; “Resolution 1572” (《第1572號決議》) means Resolution 1572 (2004) adopted by the Security Council on 15 November 2004; “Resolution 1727” (《第1727號決議》) means Resolution 1727 (2006) adopted by the Security Council on 15 December 2006; “Security Council” (安全理事會) means the Security Council of the United Nations; “ship” (船舶) includes every description of vessel used in navigation not propelled by oars; “UNOCI” (聯科行動) means the United Nations Operation in Côte d’Ivoire. “Accra III Agreement” (《阿克拉協定三》) “arms or related material” (軍火或相關的物資) “authorized officer” (獲授權人員) “commander” (機長) “Commissioner” (關長) “Committee” (委員會) “funds” (資金) “High Representative for the elections” (選舉高級代表) “International Working Group” (國際工作組) “licence” (特許) “Linas-Marcoussis Agreement” (《利納—馬庫錫協定》) “master” (船長) “operator” (營運人) “person connected with Côte d’Ivoire” (有關連人士) “prohibited goods” (禁制物品) “relevant entity” (有關實體) “relevant person” (有關人士) “Resolution 1572” (《第1572號決議》) “Resolution 1727” (《第1727號決議》) “Security Council” (安全理事會) “ship” (船舶) “UNOCI” (聯科行動) UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 3 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 3 Prohibition against supply and delivery of certain goods to Côte d’Ivoire VerDate:27/04/2007 PART 2 PROHIBITIONS Supply and delivery of goods (1) Except under the authority of a licence granted under section 10(1)(a), a person shall not supply or deliver, agree to supply or deliver, or do any act likely to promote the supply or delivery of, any prohibited goods— (a) to Côte d’Ivoire; (b) to, or to the order of, a person connected with Côte d’Ivoire; or (c) to a destination for the purpose of delivery, directly or indirectly, to Côte d’Ivoire or to, or to the order of, a person connected with Côte d’Ivoire. (2) A person who contravenes subsection (1) commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 7 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the goods concerned were prohibited goods; or (b) that the goods concerned were to be supplied or delivered— (i) to Côte d’Ivoire; (ii) to, or to the order of, a person connected with Côte d’Ivoire; or (iii) to a destination for the purpose of delivery, directly or indirectly, to Côte d’Ivoire or to, or to the order of, a person connected with Côte d’Ivoire. (4) This section applies to— (a) a person in the HKSAR; and (b) a person acting elsewhere who is— (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 4 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 4 Prohibition against carriage of certain goods destined for Côte d’Ivoire VerDate:27/04/2007 Carriage of goods (1) This section applies to— (a) a ship that is registered in the HKSAR; (b) an aircraft that is registered in the HKSAR; (c) any other ship or aircraft that is for the time being chartered to a person who is— (i) in the HKSAR; (ii) both a Hong Kong permanent resident and a Chinese national; or (iii) a body incorporated or constituted under the law of the HKSAR; and (d) a vehicle in the HKSAR. (2) Except under the authority of a licence granted under section 10(1)(b), and without prejudice to the generality of section 3, a ship, aircraft or vehicle shall not be used for the carriage of any prohibited goods if the carriage is, or forms part of, carriage— (a) from a place outside Côte d’Ivoire to a place in Côte d’Ivoire; (b) to, or to the order of, a person connected with Côte d’Ivoire; or (c) to a destination for the purpose of delivery, directly or indirectly, to Côte d’Ivoire or to, or to the order of, a person connected with Côte d’Ivoire. (3) Subsection (2) does not apply if— (a) the carriage of the prohibited goods is performed in the course of the supply or delivery of the prohibited goods; and (b) the supply or delivery was authorized by a licence granted under section 10(1)(a). (4) If a ship, aircraft or vehicle is used in contravention of subsection (2), each specified person commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 7 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (5) In any proceedings for an offence under subsection (4), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the goods concerned were prohibited goods; or (b) that the carriage of the goods concerned was, or formed part of, carriage— (i) from a place outside Côte d’Ivoire to a place in Côte d’Ivoire; (ii) to, or to the order of, a person connected with Côte d’Ivoire; or (iii) to a destination for the purpose of delivery, directly or indirectly, to Côte d’Ivoire or to, or to the order of, a person connected with Côte d’Ivoire. (6) In this section, “specified person” (指明人士) means— (a) in relation to a ship registered in the HKSAR, the charterer, operator or master of the ship; (b) in relation to any other ship— (i) the charterer of the ship; (ii) the operator of the ship, if the operator is in the HKSAR, or is both a Hong Kong permanent resident and a Chinese national, or is a body incorporated or constituted under the law of the HKSAR; or (iii) the master of the ship, if the master is in the HKSAR or is both a Hong Kong permanent resident and a Chinese national; (c) in relation to an aircraft registered in the HKSAR, the charterer, operator or commander of the aircraft; (d) in relation to any other aircraft— (i) the charterer of the aircraft; (ii) the operator of the aircraft, if the operator is in the HKSAR, or is both a Hong Kong permanent resident and a Chinese national, or is a body incorporated or constituted under the law of the HKSAR; or (iii) the commander of the aircraft, if the commander is in the HKSAR or is both a Hong Kong permanent resident and a Chinese national; or (e) in relation to a vehicle, the operator or driver of the vehicle. “specified person” (指明人士) UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 5 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 5 Prohibition against provision of certain advice, assistance or training to persons connected with Côte d’Ivoire VerDate:27/04/2007 Provision of advice, assistance or training (1) A person shall not provide to a person connected with Côte d’ Ivoire any advice related to military activities. (2) Except under the authority of a licence granted under section 11(1) or (2), a person shall not provide to a person connected with Côte d’ Ivoire any assistance or training related to military activities. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 7 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (4) In any proceedings for an offence under subsection (3), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the advice, assistance or training concerned was to be provided to a person connected with Côte d’Ivoire; or (b) that the advice, assistance or training concerned related to military activities. (5) This section applies to— (a) a person in the HKSAR; and (b) a person acting elsewhere who is— (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 6 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 6 Prohibition against making available funds, etc. to certain persons or entities VerDate:27/04/2007 Making available funds, etc. to certain persons or entities (1) Except under the authority of a licence granted under section 12(1), a person shall not make available any funds or other financial assets or economic resources to or for the benefit of a relevant person or a relevant entity. (2) A person who contravenes subsection (1) commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 7 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe that the funds or other financial assets or economic resources concerned were to be made available to or for the benefit of a relevant person or a relevant entity. (4) This section applies to— (a) a person in the HKSAR; and (b) a person acting elsewhere who is— (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 7 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 7 Prohibition against importation of rough diamonds into HKSAR VerDate:27/04/2007 Importation of rough diamonds (1) A person shall not import any rough diamond from Côte d’Ivoire into the HKSAR. (2) A person who contravenes subsection (1) commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe that the rough diamond concerned was imported from Côte d’Ivoire into the HKSAR. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 8 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 8 Prohibition against entry or transit by certain persons VerDate:27/04/2007 Entry into or transit through HKSAR (1) Subject to the exception in section 9, a specified person shall not enter or transit through the HKSAR. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 2 years. (3) This section shall not prohibit a person having the right of abode or the right to land in the HKSAR from entry into the HKSAR. (4) In this section— “paragraph 7 of Resolution 1572” (《第1572號決議》第7段) means paragraph 7 of Resolution 1572 as renewed by the Security Council in paragraph 1 of Resolution 1727; “paragraph 9 of Resolution 1572” (《第1572號決議》第9段) means paragraph 9 of Resolution 1572 as renewed by the Security Council in paragraph 1 of Resolution 1727; “Resolution 1721” (《第1721號決議》) means Resolution 1721 (2006) adopted by the Security Council on 1 November 2006; “specified person” (指明人士) means a person designated by the Committee, for the purposes of paragraph 9 of Resolution 1572, as a person who constitutes a threat to the peace and national reconciliation process in Côte d’Ivoire. (5) For the purposes of the definition of “specified person” in subsection (4)— (a) any of the following constitutes a threat to the peace and national reconciliation process in Côte d’Ivoire— (i) any serious obstacle to the freedom of movement of the UNOCI or the French forces which support the UNOCI; (ii) any attack or obstruction to the action of the UNOCI, the French forces, the High Representative for the elections, or the International Working Group; (iii) any attack or obstruction to the action of the Mediator mentioned in paragraph 20 of Resolution 1721 or his representative in Côte d’Ivoire; and (b) without affecting the generality of paragraph (a), a person who constitutes a threat to the peace and national reconciliation process in Côte d’Ivoire includes— (i) a person who blocks the implementation of the Linas-Marcoussis Agreement and Accra III Agreement; (ii) a person who is responsible for serious violations of human rights and international humanitarian law in Côte d’Ivoire; (iii) a person who incites publicly hatred and violence; and (iv) a person who is determined by the Committee to be in violation of measures imposed by paragraph 7 of Resolution 1572. “paragraph 7 of Resolution 1572” (《第1572號決議》第7段) “paragraph 9 of Resolution 1572” (《第1572號決議》第9段) “Resolution 1721” (《第1721號決議》) “specified person” (指明人士) UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 9 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 9 Exception to prohibition against entry or transit by certain persons VerDate:27/04/2007 Section 8 shall not apply if— (a) the Committee determines that the relevant entry into or transit through the HKSAR is justified on the ground of humanitarian need, including religious obligation; or (b) the Committee concludes that the relevant entry into or transit through the HKSAR would further the objectives of the resolutions of the Security Council, for peace and national reconciliation in Côte d’Ivoire and stability in the region. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 10 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 10 Licence for supply, delivery or carriage of certain goods VerDate:27/04/2007 PART 3 LICENCE (1) If it is proved to the satisfaction of the Chief Executive that any one of the requirements in subsection (2) is met, the Chief Executive shall, on application, grant, as appropriate— (a) a licence for the supply or delivery of, or the doing of an act likely to promote the supply or delivery of, prohibited goods— (i) to Côte d’Ivoire; (ii) to, or to the order of, a person connected with Côte d’Ivoire; or (iii) to a destination for the purpose of delivery, directly or indirectly, to Côte d’Ivoire or to, or to the order of, a person connected with Côte d’Ivoire; or (b) a licence for the carriage of prohibited goods which is, or forms part of, carriage— (i) from a place outside Côte d’Ivoire to a place in Côte d’Ivoire; (ii) to, or to the order of, a person connected with Côte d’Ivoire; or (iii) to a destination for the purpose of delivery, directly or indirectly, to Côte d’Ivoire or to, or to the order of, a person connected with Côte d’Ivoire. (2) The requirements referred to in subsection (1) are as follows— (a) the prohibited goods are intended solely for the support of or use by the UNOCI and the French forces which support the UNOCI; (b) the prohibited goods are non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee; (c) the prohibited goods are protective clothing, including flak jackets and military helmets, to be temporarily exported to Côte d’Ivoire by the personnel of the United Nations, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; (d) the prohibited goods are to be temporarily exported to Côte d’ Ivoire to the forces of a State which is taking action, in accordance with the international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’ Ivoire, and the Committee has been notified in advance of the supply of the goods; (e) the prohibited goods are intended solely for the support of or use in the process of restructuring defence and security forces pursuant to subparagraph (f) of paragraph 3 of the Linas-Marcoussis Agreement, as approved in advance by the Committee. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 11 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 11 Licence for provision of certain assistance or training VerDate:27/04/2007 (1) If it is proved to the satisfaction of the Chief Executive that any one of the requirements in subsection (3) is met, the Chief Executive shall, on application, grant a licence for the provision to a person connected with Côte d’Ivoire of assistance related to military activities. (2) If it is proved to the satisfaction of the Chief Executive that any one of the requirements in subsection (4) is met, the Chief Executive shall, on application, grant a licence for the provision to a person connected with Côte d’Ivoire of training related to military activities. (3) The requirements referred to in subsection (1) are as follows— (a) the assistance is technical assistance intended solely for the support of or use by the UNOCI and the French forces which support the UNOCI; (b) the assistance is technical assistance related to the supply of non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee; (c) the assistance is technical assistance intended solely for the support of or use in the process of restructuring defence and security forces pursuant to subparagraph (f) of paragraph 3 of the Linas-Marcoussis Agreement, as approved in advance by the Committee. (4) The requirements referred to in subsection (2) are as follows— (a) the training is technical training related to the supply of non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee; (b) the training is technical training intended solely for the support of or use in the process of restructuring defence and security forces pursuant to subparagraph (f) of paragraph 3 of the Linas-Marcoussis Agreement, as approved in advance by the Committee. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 12 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 12 Licence for making available funds, etc. to certain persons or entities VerDate:27/04/2007 (1) If it is proved to the satisfaction of the Chief Executive that any one of the requirements in subsection (2) is met, the Chief Executive shall, on application, grant a licence for making available funds or other financial assets or economic resources to or for the benefit of a relevant person or a relevant entity. (2) The requirements referred to in subsection (1) are as follows— (a) the funds or other financial assets or economic resources have been determined by the Chief Executive to be— (i) necessary for basic expenses, including payment for foodstuffs, rents, mortgages, medicines and medical treatments, taxes, insurance premiums, and public utility charges; or (ii) exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services, and the Committee has been notified by the Chief Executive of the intention to authorize, where appropriate, access to such funds or other financial assets or economic resources, and the Committee has not made a negative decision within 2 working days of such notification; (b) the funds or other financial assets or economic resources have been determined by the Chief Executive to be necessary for extraordinary expenses, and the Committee has been notified by the Chief Executive of the determination, and the Committee has approved the determination; (c) the funds or other financial assets or economic resources have been determined by the Chief Executive to be the subject of a judicial, administrative or arbitral lien or judgment, and the lien or judgment— (i) was entered prior to 15 November 2004; (ii) is not for the benefit of a relevant person or a relevant entity; and (iii) has been notified by the Chief Executive to the Committee. (3) A licence granted by the Chief Executive under subsection (1), on his being satisfied that the requirements in subsection (2)(c) are met, shall only authorize that the funds or other financial assets or economic resources be used to satisfy the relevant lien or judgment. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 13 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 13 Provision of false information or documents for purpose of obtaining licences VerDate:27/04/2007 (1) If, for the purpose of obtaining a licence, a person makes any statement or provides or produces any information or document that he knows to be false in a material particular, the person commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (2) If, for the purpose of obtaining a licence, a person recklessly makes any statement or provides or produces any information or document that is false in a material particular, the person commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 14 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 14 Licence or permission granted by authorities of places outside HKSAR VerDate:27/04/2007 PART 4 THINGS DONE OUTSIDE HKSAR (1) If the circumstances described in subsection (2) apply, a provision of this Regulation which prohibits the doing of a thing except under the authority of a licence shall not have effect in relation to any such thing done in a place outside the HKSAR by— (a) a person who is ordinarily resident in that place; or (b) a body corporate incorporated or constituted under the law of that place. (2) For the purposes of subsection (1), the circumstances are that the thing is done under the authority of a licence or with permission granted, in accordance with any law in force in that place outside the HKSAR (being a law substantially corresponding to the relevant provision of this Regulation), by the authority competent in that behalf under that law. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 15 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 15 Investigation of suspected ships VerDate:27/04/2007 PART 5 ENFORCEMENT OF REGULATION Investigation, etc. of suspected ships (1) If an authorized officer has reason to suspect that a ship to which section 4 applies has been, is being or is about to be used in contravention of section 4(2), he may— (a) either alone or accompanied and assisted by any person acting under his authority, board the ship and search it and, for that purpose, use or authorize the use of reasonable force; and (b) request the charterer, operator or master of the ship to provide such information relating to the ship and its cargo, and produce for his inspection such documents so relating and such cargo carried on it, as he may specify. (2) If an authorized officer has reason to suspect that a ship is being or is about to be used in contravention of section 4(2), he may (either there and then or on consideration of any information provided or document or cargo produced in response to a request made under subsection (1)(b)), with a view to preventing the commission, or the continued commission, of such a contravention or in order that enquiries may be pursued, do one or more of the following— (a) direct the charterer, operator or master of the ship to refrain, except with the consent of an authorized officer, from landing at any port specified by the authorized officer any part of the ship’s cargo that is so specified; (b) request the charterer, operator or master of the ship to take one or more of the following steps— (i) to cause the ship, including any of its cargo, not to proceed with the voyage on which the ship is then engaged or about to be engaged until the charterer, operator or master is notified by an authorized officer that the ship and its cargo may so proceed; (ii) (if the ship is in the HKSAR) to cause the ship and any of its cargo to remain in the HKSAR until the charterer, operator or master is notified by an authorized officer that the ship and its cargo may depart; (iii) (if the ship is in any other place) to take the ship and any of its cargo to such port as is specified by an authorized officer, and to cause the ship and its cargo to remain in that place until the charterer, operator or master is notified by an authorized officer that the ship and its cargo may depart; (iv) to take the ship and any of its cargo to such other destination as may be specified by an authorized officer in agreement with the charterer, operator or master. (3) A power conferred by this section to request the provision of any information or the production of any document or cargo for inspection includes a power to— (a) specify whether the information should be provided orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be provided or the document or cargo should be produced for inspection. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 16 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 16 Offences by charterer, operator or master of ship VerDate:27/04/2007 (1) If a charterer, operator or master of a ship disobeys any direction given under section 15(2)(a), or, without reasonable excuse, refuses or fails to comply with a request made under section 15(1)(b) or (2)(b) within the time specified by an authorized officer or, if no time is specified, within a reasonable time, the charterer, operator or master commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (2) If a charterer, operator or master of a ship, in response to a request made under section 15(1)(b) or (2)(b), provides or produces to an authorized officer any information, explanation or document that he knows to be false in a material particular, or recklessly provides or produces to an authorized officer any information, explanation or document that is false in a material particular, the charterer, operator or master commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 17 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 17 Power of authorized officers to enter and detain ships VerDate:27/04/2007 (1) Without prejudice to section 16, if an authorized officer has reason to suspect that a request that has been made under section 15(2)(b) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose— (a) enter, or authorize the entry on, any land and the ship concerned; (b) detain, or authorize the detention of, that ship and any of its cargo; and (c) use, or authorize the use of, reasonable force. (2) Subject to subsection (3), subsection (1) does not authorize the detention of any ship for more than 12 hours. (3) The Chief Secretary for Administration may, by order in writing signed by him, authorize the detention of a ship referred to in subsection (1) for further periods of not more than 12 hours each, and any such order shall state the times from which and for which the order shall be effective. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 18 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 18 Investigation of suspected aircraft VerDate:27/04/2007 Investigation, etc. of suspected aircraft (1) If an authorized officer has reason to suspect that an aircraft to which section 4 applies has been, is being or is about to be used in contravention of section 4(2), he may— (a) either alone or accompanied and assisted by any person acting under his authority, board the aircraft and search it and, for that purpose, use or authorize the use of reasonable force; and (b) request the charterer, operator or commander of the aircraft, or all of them, to provide such information relating to the aircraft and its cargo, and produce for his inspection such documents so relating and such cargo carried on it, as he may specify. (2) If the aircraft referred to in subsection (1) is in the HKSAR, an authorized officer may (either there and then or on consideration of any information provided or document or cargo produced in response to a request made under subsection (1)(b)) further request the charterer, operator or commander, or all of them, to cause the aircraft and any of its cargo to remain in the HKSAR until the charterer, operator or commander is, or (if the further request is made to all of them) all of them are, notified by an authorized officer that the aircraft and its cargo may depart. (3) A power conferred by this section to request the provision of any information or the production of any document or cargo for inspection includes a power to— (a) specify whether the information should be provided orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be provided or the document or cargo should be produced for inspection. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 19 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 19 Offences by charterer, operator or commander of aircraft VerDate:27/04/2007 (1) If a charterer, operator or commander of an aircraft, without reasonable excuse, refuses or fails to comply with a request made under section 18(1)(b) or (2) within the time specified by an authorized officer or, if no time is specified, within a reasonable time, the charterer, operator or commander commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (2) If a charterer, operator or commander of an aircraft, in response to a request made under section 18(1)(b) or (2), provides or produces to an authorized officer any information, explanation or document that he knows to be false in a material particular, or recklessly provides or produces to an authorized officer any information, explanation or document that is false in a material particular, the charterer, operator or commander commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 20 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 20 Power of authorized officers to enter and detain aircraft VerDate:27/04/2007 (1) Without prejudice to section 19, if an authorized officer has reason to suspect that a request that has been made under section 18(2) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose— (a) enter, or authorize the entry on, any land and the aircraft concerned; (b) detain, or authorize the detention of, that aircraft and any of its cargo; and (c) use, or authorize the use of, reasonable force. (2) Subject to subsection (3), subsection (1) does not authorize the detention of any aircraft for more than 6 hours. (3) The Chief Secretary for Administration may, by order in writing signed by him, authorize the detention of an aircraft referred to in subsection (1) for further periods of not more than 6 hours each, and any such order shall state the times from which and for which the order shall be effective. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 21 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 21 Investigation of suspected vehicles VerDate:27/04/2007 Investigation, etc. of suspected vehicles (1) If an authorized officer has reason to suspect that a vehicle in the HKSAR has been, is being or is about to be used in contravention of section 4(2), he may— (a) either alone or accompanied and assisted by any person acting under his authority, board the vehicle and search it and, for that purpose, use or authorize the use of reasonable force; (b) request the operator or driver of the vehicle to provide such information relating to the vehicle and any article carried on it, and produce for his inspection such documents so relating and such articles carried on it, as he may specify; and (c) (either there and then or on consideration of any information provided or document or article produced in response to a request made under paragraph (b)) further request the operator or driver to take the vehicle and any article carried on it to such place as is specified by an authorized officer, and to cause the vehicle and the article to remain in that place until the operator or driver is notified by an authorized officer that the vehicle and the article may depart. (2) A power conferred by this section to request the provision of any information or the production of any document or article for inspection includes a power to— (a) specify whether the information should be provided orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be provided or the document or article should be produced for inspection. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 22 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 22 Offences by operator or driver of vehicle VerDate:27/04/2007 (1) If an operator or driver of a vehicle, without reasonable excuse, refuses or fails to comply with a request made under section 21(1)(b) or (c) within the time specified by an authorized officer or, if no time is specified, within a reasonable time, the operator or driver commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (2) If an operator or driver of a vehicle, in response to a request made under section 21(1)(b) or (c), provides or produces to an authorized officer any information, explanation or document that he knows to be false in a material particular, or recklessly provides or produces to an authorized officer any information, explanation or document that is false in a material particular, the operator or driver commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 23 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 23 Power of authorized officers to enter and detain vehicles VerDate:27/04/2007 (1) Without prejudice to section 22, if an authorized officer has reason to suspect that a request that has been made under section 21(1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose— (a) enter, or authorize the entry on, any land and enter, or authorize the entry into, the vehicle concerned; (b) detain, or authorize the detention of, that vehicle and any article carried on it; and (c) use, or authorize the use of, reasonable force. (2) Subject to subsection (3), subsection (1) does not authorize the detention of any vehicle for more than 12 hours. (3) The Commissioner may, by order in writing signed by him, authorize the detention of a vehicle referred to in subsection (1) for further periods of not more than 12 hours each, and any such order shall state the times from which and for which the order shall be effective. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 24 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 24 Production of proof of identity VerDate:27/04/2007 Proof of identity Before or on exercising a power conferred by section 15, 17, 18, 20, 21 or 23, an authorized officer shall, if requested so to do, produce evidence of his identity. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 25 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 25 Power of magistrate or judge to grant warrant VerDate:27/04/2007 PART 6 EVIDENCE (1) A magistrate or judge may grant a warrant if he is satisfied by information on oath given by an authorized officer that there are reasonable grounds for suspecting that— (a) an offence under this Regulation has been committed or is being committed; and (b) there is on any premises specified in the information, or on any ship, aircraft or vehicle so specified, evidence in relation to the commission of the offence. (2) A warrant granted under subsection (1) may authorize any authorized officer, together with any other person named in the warrant, to enter the premises, ship, aircraft or vehicle specified in the information or any premises on which the ship, aircraft or vehicle so specified may be, at any time within one month from the date of the warrant, and to search the premises, ship, aircraft or vehicle. (3) A person authorized by a warrant to search any premises, ship, aircraft or vehicle may exercise any or all of the following powers— (a) to search any person who is found on, or whom he has reasonable grounds to believe to have recently left or to be about to enter, the premises, ship, aircraft or vehicle; (b) to seize and detain any document or article found on the premises, ship, aircraft or vehicle or on such person that he has reasonable grounds to believe to be evidence in relation to the commission of an offence under this Regulation; (c) to take in relation to any such document or article any other steps that may appear necessary for preserving the document or article seized and preventing interference with it. (4) A person may only be searched under this section by a person who is of the same sex. (5) If a person is empowered under this section to enter any premises, ship, aircraft or vehicle, he may use such force as is reasonably necessary for that purpose. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 26 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 26 Detention of documents or articles seized VerDate:27/04/2007 (1) Subject to subsection (2), any document or article seized under section 25(3) may not be detained for a period of more than 3 months. (2) If the document or article is relevant to an offence under this Regulation, and proceedings for the offence have begun, the document or article may be detained until the completion of those proceedings. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 27 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 27 Disclosure of information or documents VerDate:27/04/2007 PART 7 DISCLOSURE OF INFORMATION OR DOCUMENTS (1) Any information or document provided, produced or seized in pursuance of this Regulation may be disclosed only if— (a) the person who provided or produced the information or document or the person from whom the document was seized has given consent to the disclosure; (b) the information or document is disclosed to a person who would have been empowered under this Regulation to request that it be provided or produced; (c) the information or document is disclosed on the authority of the Chief Executive, subject to the information or document being transmitted through and with the approval of the instructing authority, to any organ of the United Nations or to any person in the service of the United Nations or to the Government of any place outside the People’s Republic of China for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Côte d’Ivoire decided on by the Security Council; or (d) the information or document is disclosed with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Regulation. (2) For the purposes of subsection (1)(a)— (a) a person may not give consent to the disclosure if he has obtained the information or possessed the document only in his capacity as servant or agent of another person; and (b) a person may give consent to the disclosure if he is entitled to the information or to the possession of the document in his own right. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 28 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 28 Liability of person other than principal offender VerDate:27/04/2007 PART 8 OTHER OFFENCES AND MISCELLANEOUS MATTERS (1) Where the person convicted of an offence under this Regulation is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, the director, manager, secretary or other similar officer is guilty of the like offence. (2) Where the person convicted of an offence under this Regulation is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm is guilty of the like offence. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 29 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 29 Offences in relation to obstruction of authorized persons, etc. VerDate:27/04/2007 A person who obstructs another person (including a person acting under the authority of an authorized officer) in the exercise of his powers under this Regulation commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 30 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 30 Offences in relation to evasion of this Regulation VerDate:27/04/2007 A person who destroys, mutilates, defaces, secretes or removes any document or article with intent to evade any of the provisions of this Regulation commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 31 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 31 Proceedings to be instituted VerDate:27/04/2007 (1) Proceedings for an offence under this Regulation may only be instituted by or with the consent of the Secretary for Justice. (2) Summary proceedings for an offence under this Regulation, being an offence alleged to have been committed outside the HKSAR, may be commenced at any time not later than 12 months from the date on which the person charged first enters the HKSAR after the alleged commission of the offence. UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 32 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 32 Specification of relevant person or relevant entity by Chief Executive VerDate:27/04/2007 (1) The Chief Executive may, by notice published in the Gazette, specify a person or an entity referred to in the list maintained by the Committee for the purposes of paragraph 11 of Resolution 1572 as a relevant person or a relevant entity. (2) In this section, “paragraph 11 of Resolution 1572” (《第1572號決議》第 11段) means paragraph 11 of Resolution 1572 as renewed by the Security Council in paragraph 1 of Resolution 1727. “paragraph 11 of Resolution 1572” (《第1572號決議》第11段) UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007,UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 33 (Omitted as expired) VerDate:01/11/2007 UNITED NATIONS SANCTIONS (CÔTE D’IVOIRE) REGULATION 2007 - SECT 33 Exercise of powers of Chief Executive VerDate:27/04/2007 The Chief Executive may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorize the delegation of any of his powers or functions under this Regulation to any person, or class or description of persons, approved by him, and references in this Regulation to the Chief Executive shall be construed accordingly. “paragraph 11 of Resolution 1572” (《第1572 號決議》第11段)