Hong Kong Regulations

UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 1

Interpretation

PART 1

PRELIMINARY

In this Regulation, unless the context otherwise requires— “armoured
combat vehicle” (裝甲戰鬥車) means any tracked, semi-tracked or wheeled
self-propelled vehicle, with armoured protection and cross-country capability,
either—

   (a)  designed and equipped to transport a squad of 4 or more infantrymen;
        or

   (b)  armed with an integral or organic weapon of at least 12.5 mm calibre
        or a missile launcher; “attack helicopter” (攻擊直昇機)—

   (a)  means any rotary-wing aircraft designed, equipped or modified to
        engage targets by employing guided or unguided anti-armour,
        air-to-surface, air-to-subsurface, or air-to-air weapons and equipped
        with an integrated fire control and aiming system for those weapons;
        and

   (b)  includes any version of an aircraft described in paragraph (a) that
        performs specialized reconnaissance or electronic warfare missions;
        “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; “battle tank” (作戰坦克) means
        any tracked or wheeled self-propelled armoured fighting vehicle with
        high cross-country mobility and a high-level of self-protection,
        weighing at least 16.5 metric tons unladen weight, with a high muzzle
        velocity direct fire main gun of at least 75 mm calibre; “combat
        aircraft” (作戰飛機)—

   (a)  means any fixed-wing or variable-geometry wing aircraft, or any
        primary trainer aircraft, designed, equipped or modified to engage
        targets by employing guided missiles, unguided rockets, bombs, guns,
        cannons or other weapons of destruction; and

   (b)  includes any version of an aircraft described in paragraph (a) that
        performs specialized electronic warfare, suppression of air defence or
        reconnaissance missions; “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 12 of Resolution 1718;
        “DPRK” (朝鮮) means the Democratic People's Republic of Korea;
        “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; “large-calibre artillery
        system” (大口徑火炮) means any gun, howitzer, artillery piece
        combining the characteristics of a gun or howitzer, mortar or
        multiple-launch rocket system, capable of engaging surface targets by
        delivering primarily indirect fire, with a calibre of 75 mm and above;
        “licence” (特許) means a licence granted under section 11(1);
        “luxury goods” (奢侈品) means any item as specified in the
        Schedule; “master” (船長), in relation to a ship, includes any
        person (other than a pilot) for the time being in charge of the ship;
        “missile and missile launcher” (導彈及導彈發射器) means—

   (a)  any guided or unguided rocket, ballistic or cruise missile or remotely
        piloted vehicle capable of delivering a warhead or weapon of
        destruction to a range of at least 25 km;

   (b)  any means, other than any armoured combat vehicle, attack helicopter,
        battle tank, combat aircraft, large-calibre artillery system or
        warship, designed or modified specifically for launching any rocket or
        missile described in paragraph (a); or

   (c)  any Man-portable Air-Defence Systems (MANPADS), but does not include
        any ground-to-air missile; “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 the DPRK” (有關連人士) means—

   (a)  the Government of the DPRK;

   (b)  any person in, or resident in, the DPRK;

   (c)  any body incorporated or constituted under the law of the DPRK;

   (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 item” (禁制項目) means—

   (a)  any specified item; or

   (b)  any luxury goods; “relevant entity” (有關實體) means—

   (a)  an entity specified by the Chief Executive as a relevant entity in
        accordance with section 31; or

   (b)  an entity acting on behalf of, or at the direction of, a person or
        entity specified by the Chief Executive as a relevant person or
        relevant entity in accordance with section 31; “relevant person”
        (有關人士) means—

   (a)  a person specified by the Chief Executive as a relevant person in
        accordance with section 31; or

   (b)  a person acting on behalf of, or at the direction of, a person or
        entity specified by the Chief Executive as a relevant person or
        relevant entity in accordance with section 31; “Resolution 1718”
        (《第1718號決議》) means Resolution 1718 (2006) adopted by the
        Security Council on 14 October 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; “specified item” (指明項目)
        means—

   (a)  any armoured combat vehicle, attack helicopter, battle tank, combat
        aircraft, large-calibre artillery system, missile and missile
        launcher, warship, or related material (including any spare part);

   (b)  any item, material, equipment, goods or technology set out in the
        Security Council document S/2006/814;

   (c)  any item, material, equipment, goods or technology set out in the
        Security Council document S/2006/815; or

   (d)  any item, material, equipment, goods or technology set out in the
        Security Council document S/2006/853 as rectified by the Security
        Council document S/2006/853/Corr.1; “warship” (軍艦) means any
        vessel or submarine armed and equipped for military use with a
        standard displacement of 500 metric tons or above, or any vessel or
        submarine with a standard displacement of less than 500 metric tons,
        equipped for launching missiles with a range of at least 25 km or
        torpedoes with similar range. “armoured combat vehicle”
        (裝甲戰鬥車) “attack helicopter” (攻擊直昇機)
        “authorized officer” (獲授權人員) “battle tank”
        (作戰坦克) “combat aircraft” (作戰飛機) “commander”
        (機長) “Commissioner” (關長) “Committee” (委員會)
        “DPRK” (朝鮮) “funds” (資金) “large-calibre artillery
        system” (大口徑火炮) “licence” (特許) “luxury goods”
        (奢侈品) “master” (船長) “missile and missile launcher”
        (導彈及導彈發射器) “operator” (營運人) “person
        connected with the DPRK” (有關連人士) “prohibited item”
        (禁制項目) “relevant entity” (有關實體) “relevant
        person” (有關人士) “Resolution 1718”
        (《第1718號決議》) “Security Council” (安全理事會)
        “ship” (船舶) “specified item” (指明項目) “warship”
        (軍艦)