Hong Kong Regulations

UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 5

Prohibition against procurement of certain items using ships, aircraft or vehicles

(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) Without prejudice to section 4, a ship, aircraft or vehicle shall not be
used for or in connection with the procurement of any specified item—

   (a)  from the DPRK; or

   (b)  from a person connected with the DPRK.

(3) 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.

(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 item concerned was a specified item; or

   (b)  that the item concerned was—

        (i)    from the DPRK; or

        (ii)   from a person connected with the DPRK.

(5) 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)