Hong Kong Regulations

UNITED NATIONS SANCTIONS (IRAQ) REGULATION - SECT 7

Carriage of prohibited goods destined for Iraq

(Past version on 22/08/1997).

(1) (Repealed L.N. 132 of 2004)

(2) Without prejudice to the generality of section 4, no ship, aircraft or
vehicle to which this section applies shall, except under the  authority of a
licence, be used for the carriage of any prohibited goods if the carriage is,
or forms part of, carriage from any place outside Iraq to any place in Iraq or
to any person for the purposes of any business carried on in or operated from
Iraq. (L.N. 132 of 2004)

(2A) This section 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. (L.N. 132 of 2004)

(3) This section applies to— (L.N. 132 of 2004)

   (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)    within 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 within the HKSAR. (L.N. 132 of 2004)

(4) (Repealed L.N. 132 of 2004)

(5) If any ship, aircraft or vehicle is used in contravention of subsection
(2), each specified person commits an offence and is liable— (L.N. 132 of
2004)

   (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. (L.N. 132 of 2004)

(5A) For the purposes of subsection (5), “specified person” (指明人士)
means—

   (a)  in relation to a ship registered in the HKSAR, the owner or master of
        the ship;

   (b)  in relation to any other ship—

        (i)    the person to whom the ship is for the time being chartered; or

        (ii)   the master of the ship if the master is a person who is— (A)
               within the HKSAR; or (B) both a Hong Kong permanent resident
               and a Chinese national;

   (c)  in relation to an aircraft registered in the HKSAR, the operator or
        commander of the aircraft;

   (d)  in relation to any other aircraft—

        (i)    the person to whom the aircraft is for the time being
               chartered;

        (ii)   the operator of the aircraft if the operator is a person who
               is— (A) within the HKSAR; (B) both a Hong Kong permanent
               resident and a Chinese national; or (C) a body incorporated or
               constituted under the law of the HKSAR; or

        (iii)  the commander of the aircraft if the commander is a person who
               is— (A) within the HKSAR; or (B) both a Hong Kong permanent
               resident and a Chinese national; or

   (e)  in relation to a vehicle, the operator or driver of the vehicle. (L.N.
        132 of 2004)

(5B) In any proceedings for an offence under this section, 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 were prohibited goods; or

   (b)  that the carriage of the goods was, or formed part of, carriage from
        any place outside Iraq to any place in Iraq or to any person for the
        purposes of any business carried on in or operated from Iraq. (L.N.
        132 of 2004)

(6) (Repealed L.N. 132 of 2004)

(7) Nothing in this section shall be construed so as to prejudice any other
provision of law prohibiting or restricting the use of ships, aircraft or
vehicles. (L.N. 132 of 2004) “specified person” (指明人士)