Hong Kong Regulations

UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 14

Investigation of suspected ships

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 3 or 5 applies has been, is being or is about to be used in
contravention of section 3(2) or 5(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 3(2) or 5(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.