Hong Kong Regulations

UNITED NATIONS SANCTIONS (IRAQ) REGULATION - SCHEDULE SCHEDULE

(Past version on 22/08/1997).

[section 9]

EVIDENCE (L.N. 132 of 2004)

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 (Repealed L.N. 132 of 2004)

2. (1) If any magistrate or judge is satisfied by information on oath given by
an authorized officer- (L.N. 132 of 2004)

   (a)  that there is reasonable ground for suspecting that an offence under
        this Regulation has been or is being committed and that evidence
        relating to the offence is to be found on any premises specified in
        the information, or in any vehicle, ship or aircraft so specified,

   (b)  (Repealed L.N. 132 of 2004) he may grant a search warrant authorizing
        an authorized officer, together with any other persons named in the
        warrant, to enter the premises specified in the information or, as the
        case may be, any premises upon which the vehicle, ship or aircraft so
        specified may be, at any time within one month from the date of the
        warrant and to search the premises or, as the case may be, the
        vehicle, ship or aircraft.

(2) A person authorized by any such warrant to search any premises or any
vehicle, ship or aircraft may search every person who is found in, or whom he
has reasonable ground to believe to have recently left or to be about to
enter, those premises or that vehicle, ship or aircraft and may seize any
document or article found on the premises or in the vehicle, ship or aircraft
or on such person which he has reasonable ground to believe to be evidence
relating to an offence under this Regulation, or to take in relation to any
such document or article any other steps which may appear necessary for
preserving it and preventing interference with it: Provided that no person
shall in pursuance of any warrant issued under this section be searched except
by a person of the same sex.

(3) Where, by virtue of this section, a person is empowered to enter any
premises, vehicle, ship or aircraft he may use such force as is reasonably
necessary for that purpose.

(4) Any documents or articles of which possession is taken under this section
may be retained for a period of 3 months or, if within that period there are
commenced any proceedings for an offence as aforesaid to which they are
relevant, until the conclusion of those proceedings.

(5) No document seized under subsection (2) shall be disclosed except- (L.N.
132 of 2004)

   (a)  with the consent of the person from whom the document was seized:
        Provided that a person who 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 the possession of that document
        in his own right;

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

   (c)  on the authority of the Chief Executive, subject to the 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 to 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)

3. A person who obstructs another person in the exercise of his powers under
this Schedule 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)