Hong Kong Regulations

UNITED NATIONS SANCTIONS (IRAQ) REGULATION - SECT 8

Investigation, etc. of suspected ships, aircraft and vehicles

(Past version on 22/08/1997).

(1) If an authorized officer has reason to suspect that a ship has been, is
being or is about to be used in contravention of section 7(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 master or charterer of the ship to furnish such
        information relating to the ship and its cargo and produce for his
        inspection such documents so relating and such cargo as he may
        specify. (L.N. 132 of 2004)

(1A) If an authorized officer has reason to suspect that a ship is being or is
about to be used in contravention of section 7(2), he may

(either there and then or on consideration of any information furnished or
document or cargo produced in pursuance of 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,
take one or more of the following actions—

   (a)  direct the master or charterer of the ship to refrain, except with the
        consent of an authorized officer, from unloading such part of the
        ship's cargo at such port as the authorized officer may specify;

   (b)  request the master or charterer of the ship to take one or more of the
        following steps—

        (i)    to cause the ship and any of its cargo not to proceed with the
               voyage on which it is then engaged or about to engage until the
               master or charterer 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 master or charterer 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 port
               until the master or charterer 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 master or charterer. (L.N. 132 of 2004)

(2) Without prejudice to subsection (8), if an authorized officer has reason
to suspect that a request that has been made under subsection

(1A)(b) in respect of a ship 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 entry, on any land and on that ship;

   (b)  detain, or authorize the detention of, that ship and any of its cargo;
        and

   (c)  use, or authorize the use of, reasonable force. (L.N. 132 of 2004)

(3) If an authorized officer has reason to suspect that any aircraft has been
or is being or is about to be used in contravention of section 7(2), that
authorized officer may request the charterer, the operator and the commander
of the aircraft or any of them to furnish such information relating to the
aircraft and its cargo and produce for his inspection such documents so
relating and such cargo as he may specify, and that authorized officer may
(either alone or accompanied and assisted by persons under his authority)
board the aircraft and search it and, for that purpose, may use or authorize
the use of reasonable force; and, if the aircraft is then in the HKSAR, any
such authorized officer (either there and then or upon consideration of any
information furnished or document or cargo produced in pursuance of such a
request) may further request the charterer, the operator and the commander or
any 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; and the charterer, the operator and the
commander shall comply with any such request. (L.N. 132 of 2004)

(4) Without prejudice to the provisions of subsection (8), if an
authorized officer has reason to suspect that any request that an aircraft and
any of its cargo should remain in the HKSAR that has been made under
subsection (3) may not be complied with, that authorized officer 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— (L.N. 132 of 2004)

   (a)  enter, or authorize entry, upon any land and upon that aircraft;

   (b)  detain, or authorize the detention of, that aircraft and any of its
        cargo; and

   (c)  use, or authorize the use of, reasonable force. (L.N. 132 of 2004)

(4A) If an authorized officer has reason to suspect that a vehicle has been,
is being or is about to be used in contravention of section  7 (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 furnish such
        information relating to the vehicle and any articles carried on it and
        produce for his inspection such documents so relating and such
        articles as he may specify; and

   (c)  (either there and then or on consideration of any information
        furnished or document or articles produced in pursuance of a request
        made under paragraph (b)) further request the operator or driver to
        take the vehicle and any articles carried on it to such place as is
        specified by an authorized officer and to cause the vehicle and the
        articles to remain in that place until the operator or driver is
        notified by an authorized  officer that the vehicle and the articles
        may depart. (L.N. 132 of 2004)

(4B) Without prejudice to subsection (8), if an authorized officer has reason
to suspect that a request that has been made under subsection

(4A)(c) in respect of a vehicle 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 entry on, any land and enter, or authorize entry
        of, that vehicle;

   (b)  detain, or authorize the detention of, that vehicle and any articles
        carried on it; and

   (c)  use, or authorize the use of, reasonable force. (L.N. 132 of 2004)

(4C) Subject to subsections (4D) and (4E), subsections (2), (4) and

(4B) do not authorize—

   (a)  the detention for more than 12 hours of any ship;

   (b)  the detention for more than 6 hours of any aircraft; or

   (c)  the detention for more than 12 hours of any vehicle. (L.N. 132 of
        2004)

(4D) The Chief Secretary for Administration may, by order in writing under his
hand, authorize the detention of a ship referred to in subsection (4C)(a) for
further periods of not more than 12 hours each or authorize the detention of
an aircraft referred to in subsection (4C)(b) 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. (L.N. 132 of 2004)

(4E) The Commissioner may, by order in writing under his hand, authorize the
detention of a vehicle referred to in subsection (4C)(c) 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. (L.N. 132 of 2004)

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

(6) No information furnished or document produced by any person in pursuance
of a request made under this section shall be disclosed except—

   (a)  with the consent of the person by whom the information was furnished
        or the document was produced: Provided that a person who has obtained
        information or is in possession of a document only in his capacity as
        servant or agent of another person may not give consent for the
        purposes of this paragraph but such consent may instead be given by
        any person who is entitled to that information or to the possession of
        that document in his own right;

   (b)  to any person who would have been empowered under this section to
        request that it be furnished or produced;

   (c)  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 of 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 Iraq decided upon
        by the Security Council of the United Nations; or

   (d)  with a view to the institution of, or otherwise for the purposes of,
        any proceedings for an offence under this Regulation. (L.N. 132 of
        2004)

(7) Any power conferred by this section to request the furnishing of
information or the production of a document or of cargo or of articles for
inspection shall include a power to specify whether the information should be
furnished orally or in writing and in what form and to specify the time by
which and the place in which the information should be furnished or the
document or cargo or articles should be produced for inspection. (L.N. 132 of
2004)

(8) A person who—

   (a)  fails to comply with any direction given to him under subsection (1A);

   (b)  without reasonable excuse, refuses or fails to comply with a request
        made of him under subsection (1), (1A), (3) or (4A) within a
        reasonable time; or

   (c)  obstructs an authorized officer (or any person acting under the 
        authority of an authorized officer) in the exercise of his powers
        under subsection (1), (1A), (2), (3), (4), (4A) or (4B), commits an
        offence and is liable on conviction to a fine at level 6 and to
        imprisonment for 6 months. (L.N. 132 of 2004)

(8A) A person who, in response to a request made of him under subsection (1),
(3) or (4A), furnishes or produces to an authorized  officer any information,
explanation or document that he knows to be false in a material particular, or
recklessly furnishes or produces to the officer any information, explanation
or document that is false in a material particular, commits an offence and is
liable on conviction to a fine at level 6 and to imprisonment for 6 months.
(L.N. 132 of 2004)

(9) Nothing in this section shall be construed so as to prejudice any other
provision of law conferring powers or imposing restrictions or enabling
restrictions to be imposed with respect to ships, aircraft or vehicles. (L.N.
132 of 2004)