UNITED NATIONS SANCTIONS (LIBYA) REGULATION - CHAPTER 537C UNITED NATIONS SANCTIONS (LIBYA) REGULATION - LONG TITLE Empowering section (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - LONG TITLE Empowering section VerDate:22/08/1997 UNITED NATIONS SANCTIONS (LIBYA) REGULATION* (Cap 537 section 3) [22 August 1997] (L.N. 421 of 1997) ___________________________________________________________________________ ______ Note: * The operation of this Regulation is suspended by the United Nations Sanctions (Libya) (Suspension of Operation) Regulation 1999 (L.N. 173 of 1999) (see (Cap 537 sub. leg. I)). UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 1 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 1 Interpretation VerDate:22/08/1997 (1) In this Regulation, unless the context otherwise requires- "authorized officer" (獲授權人員) means a person authorized in writing by the Chief Executive for the purposes of this Regulation; "customs officer" (海關人員) means any member of the Customs and Excise Service holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); "export" (出口) includes shipment as stores; "exportation" (輸出), in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the HKSAR of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; "HKSAR" (特區) means the Hong Kong Special Administrative Region of the People's Republic of China; "Libyan aircraft" (利比亞飛機) means- (a) any aircraft registered in Libya; and (b) any other aircraft for the time being chartered to a person connected with Libya; "person connected with Libya" (與利比亞有關連的人) means- (a) the Government of Libya; (b) any other person in, or resident in, Libya; (c) any body incorporated or constituted under the law of Libya; (d) any body, wherever incorporated or constituted, which is controlled by any of the persons mentioned in paragraph (a), (b) or (c); (e) any person acting on behalf of any of the persons mentioned in paragraph (a), (b), (c) or (d); "shipment" (付運) includes loading into an aircraft; "stores" (補給品) means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a vessel or aircraft as merchandise for sale by retail to persons carried therein; "vehicle" (載具) means land transport vehicle; "vessel" (船隻) includes any ship, surface effect vehicle, small waterplane area twin-hull vessel and hydrofoil, and the hull or part of the hull of a vessel. (2) In this Regulation, references to an offence under any enactment relating to customs includes an offence against any provision of law with respect to similar matters that is for the time being in force in the HKSAR. (3) No licence shall be granted under this Regulation except with the approval of the instructing authority given generally or in a particular case. "authorized officer" (獲授權人員) means a person authorized in writing by the Chief Executive for the purposes of this Regulation; "customs officer" (海關人員) means any member of the Customs and Excise Service holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); "export" (出口) includes shipment as stores; "exportation" (輸出), in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the HKSAR of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; "HKSAR" (特區) means the Hong Kong Special Administrative Region of the People's Republic of China; "Libyan aircraft" (利比亞飛機) means- (a) any aircraft registered in Libya; and (b) any other aircraft for the time being chartered to a person connected with Libya; "person connected with Libya" (與利比亞有關連的人) means- (a) the Government of Libya; (b) any other person in, or resident in, Libya; (c) any body incorporated or constituted under the law of Libya; (d) any body, wherever incorporated or constituted, which is controlled by any of the persons mentioned in paragraph (a), (b) or (c); (e) any person acting on behalf of any of the persons mentioned in paragraph (a), (b), (c) or (d); "shipment" (付運) includes loading into an aircraft; "stores" (補給品) means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a vessel or aircraft as merchandise for sale by retail to persons carried therein; "vehicle" (載具) means land transport vehicle; "vessel" (船隻) includes any ship, surface effect vehicle, small waterplane area twin-hull vessel and hydrofoil, and the hull or part of the hull of a vessel. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 2 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 2 Supply or delivery of certain goods to Libya VerDate:22/08/1997 (1) Except under the authority of a licence granted by the Chief Executive under this section, no person shall- (a) supply or deliver; (b) agree to supply or deliver; or (c) do any act calculated to promote the supply or delivery of, any goods specified in Schedule 1 to or to the order of a person connected with Libya. (2) Nothing in subsection (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorized by a licence granted by the Chief Executive under this section. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 3 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 3 Exportation of certain goods to Libya VerDate:22/08/1997 Except under the authority of a licence granted by the Chief Executive under this section, the goods specified in Schedule 1 are prohibited to be exported from the HKSAR to any destination in Libya or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Libya. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 4 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 4 Licensing arrangements for arms and oil industry equipment VerDate:22/08/1997 Except under the authority of a licence granted by the Chief Executive under this section, no person shall assign or transfer to any person connected with Libya, or enter into any licensing agreement or other arrangements for the use by any person connected with Libya of- (a) any copyright; (b) any patent or application for a patent or any right in or under any patent; (c) any registered design, industrial design or utility model; (d) any design right or any document recording the design; (e) any trade mark or service mark; or (f) any technical information or know-how, for or in connection with the manufacture or maintenance of any goods specified in Part 1 or 4 of Schedule 1. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 5 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 5 Supply of certain technical advice, assistance or training VerDate:22/08/1997 Except under the authority of a licence granted by the Chief Executive under this section, no person shall- (a) provide to a person connected with Libya, any technical advice, assistance or training related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part 1 of Schedule 1; (b) provide to a Libyan national, any technical advice, assistance or training as an aircraft pilot, aircraft flight engineer or aircraft ground maintenance engineer. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 6 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 6 Servicing of aircraft VerDate:22/08/1997 Except under the authority of a licence granted by the Chief Executive under this section, no person shall provide engineering or maintenance servicing for any Libyan aircraft or any other aircraft in Libya, or for any component of any such aircraft. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 7 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 7 Insurance of Libyan aircraft VerDate:22/08/1997 (1) This section applies to any contract of insurance, other than a contract of reinsurance, upon any Libyan aircraft or upon the machinery, tackle, furniture or equipment of any such aircraft. (2) Except under the authority of a licence granted by the Chief Executive under this section- (a) no person shall make payment in full or partial settlement of any claim under a contract of insurance to which this section applies unless the claim is in respect of an incident occurring before 15 April 1992; (b) no person shall effect any new contract of insurance, or agree to any variation or extension of any existing contract of insurance, to which this section applies. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 8 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 8 Libyan Arab Airlines VerDate:22/08/1997 (1) No person shall carry on any business, or establish or maintain any place of business, under the name of "Libyan Arab Airlines". (2) Except under the authority of a licence granted by the Chief Executive under this section- (a) no person shall establish or maintain any place of business in connection with the carriage of persons or goods by air (whether to or from the HKSAR or elsewhere) by any person connected with Libya; (b) no person connected with Libya shall carry on any business of carrying persons or goods by air (whether to or from the HKSAR or elsewhere); (c) without prejudice to the other provisions of this Regulation, no person shall- (i) enter into any new agreement or other arrangement with Libyan Arab Airlines; (ii) agree to any variation or extension of any existing agreement or other arrangement with Libyan Arab Airlines; (iii) make to receive from Libyan Arab Airlines any payment, or do any other act, under or pursuant to an agreement or other arrangement between that person and Libyan Arab Airlines. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 9 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 9 Aviation services VerDate:22/08/1997 (1) Except under the authority of a licence granted by the Chief Executive under this section, no person shall provide any engineering or other services to any person connected with Libya for the maintenance of any civil or military airfield in Libya, including any facilities and equipment on or associated with the airfield. (2) The provisions of this section do not apply to services for maintenance of emergency equipment or equipment directly related to civilian air traffic control. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 10 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 10 Making available of aircraft to Libya VerDate:22/08/1997 Except under the authority of a licence granted by the Chief Executive under this section, no person shall enter into, agree to extend, or extend any contract or other arrangement for the purpose of making available for operation in Libya any aircraft or aircraft components. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 11 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 11 Assets of Libya VerDate:22/08/1997 (1) Except with permission granted by the Chief Executive, no person shall- (a) make any payment or part with any gold, securities or investments; or (b) make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held, where any such action is action to which this section applies. (2) Subject to the provisions of subsection (3), this section applies to any action which is likely to make available, or otherwise to result in the remittance or transfer, to or for the benefit of any of the following persons- (a) the Government of Libya; (b) any persons or bodies exercising for the time being public functions in Libya; or (c) any Libyan undertaking, any funds or other financial resources, whether by their removal from the HKSAR or otherwise. (3) The provisions of this section shall not apply to any funds or other financial resources which represent amounts derived from or are otherwise attributable to the sale of petroleum or petroleum products or agricultural products or commodities originating in Libya and exported therefrom after 30 November 1993: Provided that any such funds (but not other financial resources) are held in an account with a relevant institution in the HKSAR which is used exclusively for such funds and any interest derived from them. (4) Any permission granted by the Chief Executive under this section may be granted either absolutely or subject to conditions and may be varied or revoked at any time by the Chief Executive. (5) In this section- "Libyan undertaking" (利比亞企業) means any entity, wherever incorporated or constituted, which is controlled by the following persons- (a) the Government of Libya; (b) any person or body exercising for the time being public functions in Libya; or (c) any person acting on behalf of any of the above-mentioned persons; "petroleum" (石油) means a naturally occurring mixture including hydrocarbons; "petroleum products" (石油產品) means any products, other than chemicals, which may be obtained by primary distillation or secondary refining from petroleum and includes natural gas, petroleum ether, solvents, benzene, naphtha, motor spirits (including aviation spirit), kerosenes (including jet fuel), heavy oils, fuel oils, lubricating oils, greases, petroleum jelly, paraffin wax and asphaltic bitumen; "relevant institution" (有關機構) means- (a) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66); (b) any person who may lawfully accept deposits, within the meaning of section 2 of the Banking Ordinance (Cap 155), in or from within the HKSAR in the course of carrying on a business of taking deposits. "Libyan undertaking" (利比亞企業) means any entity, wherever incorporated or constituted, which is controlled by the following persons- (a) the Government of Libya; (b) any person or body exercising for the time being public functions in Libya; or (c) any person acting on behalf of any of the above-mentioned persons; "petroleum" (石油) means a naturally occurring mixture including hydrocarbons; "petroleum products" (石油產品) means any products, other than chemicals, which may be obtained by primary distillation or secondary refining from petroleum and includes natural gas, petroleum ether, solvents, benzene, naphtha, motor spirits (including aviation spirit), kerosenes (including jet fuel), heavy oils, fuel oils, lubricating oils, greases, petroleum jelly, paraffin wax and asphaltic bitumen; "relevant institution" (有關機構) means- (a) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66); (b) any person who may lawfully accept deposits, within the meaning of section 2 of the Banking Ordinance (Cap 155), in or from within the HKSAR in the course of carrying on a business of taking deposits. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 12 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 12 Bonds and indemnities VerDate:22/08/1997 (1) Except under the authority of a licence granted by the Chief Executive under this section- (a) no person shall make any payment to or to the order of any person to whom this section applies under or in respect of a bond to which this section applies; (b) no person shall do any act for the purpose of obtaining payment, or make any payment, in respect of any right to indemnity in respect of any bond to which this section applies where payment under the bond is, or if payment were to be made by a person referred to in section 13(1) would be, unlawful by virtue of paragraph (a). (2) The persons to whom this section applies are- (a) the Government of Libya; (b) any persons or bodies exercising for the time being public functions in Libya; (c) any entity, wherever incorporated or constituted, which is controlled by- (i) the Government of Libya; or (ii) any person or body exercising for the time being public functions in Libya; (d) any Libyan national; or (e) any person acting on behalf of any of the persons mentioned in paragraph (a), (b), (c) or (d). (3) A bond to which this section applies is a bond given in respect of a contract the performance of which is unlawful, wholly or in part, by virtue of this Regulation. (4) In this section- "bond" (保證協議) means an agreement under which a person ("the obligor") agrees that, if called upon to do so, or if a third party fails to fulfil contractual obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement; "make any payment" (作出任何付款) means make payment by any method, including but not restricted to the grant, or any agreement to the exercise, of any right to set off, accord and satisfaction and adjustment of any account, or any similar means. "bond" (保證協議) means an agreement under which a person ("the obligor") agrees that, if called upon to do so, or if a third party fails to fulfil contractual obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement; "make any payment" (作出任何付款) means make payment by any method, including but not restricted to the grant, or any agreement to the exercise, of any right to set off, accord and satisfaction and adjustment of any account, or any similar means. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 13 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 13 Application of sections 2 to 12 VerDate:22/08/1997 (1) The provisions of sections 2 to 12 shall apply to any person who is- (a) within the HKSAR; or (b) a body incorporated or constituted under the law of the HKSAR. (2) Subject to the provisions of subsections (3) to (14), any person specified in subsection (1) who contravenes any of the provisions of sections 2 to 12 shall be guilty of an offence. (3) In the case of proceedings for an offence in contravention of section 2, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to or to the order of a person connected with Libya. (4) In the case of proceedings for an offence in contravention of section 4, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the transaction in question was for the transfer to, or the use of the right in question by, a person connected with Libya or that the right in question was to be transferred or used for or in connection with the manufacture or maintenance of goods specified in Part 1 or 4, as the case may be, of Schedule 1. (5) In the case of proceedings for an offence in contravention of section 5(a), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a person connected with Libya or that it related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part 1 of Schedule 1. (6) In the case of proceedings for an offence in contravention of section 5(b), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a Libyan national. (7) In the case of proceedings for an offence in contravention of section 6 in relation to a Libyan aircraft or components thereof, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was a Libyan aircraft or that the component was part of such an aircraft. (8) In the case of proceedings for an offence in contravention of section 7, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was a Libyan aircraft or that the machinery, tackle, furniture or equipment was part of such an aircraft. (9) In the case of proceedings for an offence in contravention of section 8(2)(a), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the carriage of persons or goods was by a person connected with Libya. (10) In the case of proceedings for an offence in contravention of section 8(2)(c), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he had made any payment to or received any payment from Libyan Arab Airlines. (11) In the case of proceedings for an offence in contravention of section 9, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services were for the maintenance of an airfield in Libya or facilities and equipment on or associated with the airfield or that they were not for the maintenance of emergency equipment or equipment directly related to civilian air traffic control. (12) In the case of proceedings for an offence in contravention of section 10, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the purpose was to make available the aircraft or component for operation in Libya. (13) In the case of proceedings for an offence in contravention of section 12(1)(a), it shall be a defence for the accused person to prove that- (a) he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Libya; or (b) (i) he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Regulation; and (ii) he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract. (14) In the case of proceedings for an offence in contravention of section 12(1)(b), it shall be a defence for the accused person to prove that- (a) he did not know and had no reason to suppose that payment under the bond was or would be to or to the order of a person connected with Libya; or (b) (i) he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Regulation; and (ii) he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract: Provided that paragraph (b) shall not apply where the accused person is a party to the contract in respect of which the bond was given. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 14 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 14 Powers to demand evidence of destination which goods reach VerDate:22/08/1997 Any exporter or any shipper of goods which have been exported from the HKSAR shall, if so required by the Chief Executive, furnish within such time as he may allow proof to his satisfaction that the goods have reached- (a) a destination to which they were authorized to be exported by a licence granted under this Regulation; or (b) a destination to which their exportation was not prohibited by this Regulation, and, if he fails to do so, he shall be guilty of an offence unless he proves that he did not consent to or connive at the goods reaching any destination other than a destination mentioned in paragraph (a) or (b). UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 15 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 15 Offences in connection with applications for licences, conditions attaching to licences, etc. VerDate:22/08/1997 (1) If for the purposes of obtaining any licence or permission under this Regulation any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence. (2) Any person who has done any act under the authority of a licence or permission granted by the Chief Executive under this Regulation who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence: Provided that no person shall be guilty of an offence under this subsection where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Chief Executive after the doing of the act authorized by the licence or permission. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 16 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 16 Declaration as to goods: powers of search VerDate:22/08/1997 (1) Any person who is about to leave the HKSAR shall if he is required to do so by an authorized officer- (a) declare whether or not he has with him any goods specified in Schedule 1 which are destined for Libya or for delivery, directly or indirectly, to or to the order of a person connected with Libya; and (b) produce any such goods which he has with him, and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid: Provided that no person shall be searched in pursuance of this subsection except by a person of the same sex. (2) Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the provisions of this section shall be guilty of an offence. (3) Any person who under the provisions of this section makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 17 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 17 Obtaining of evidence and information VerDate:22/08/1997 The provisions of Schedule 2 shall have effect in order to facilitate the obtaining, by or on behalf of the Chief Executive, of evidence and information for the purpose of securing compliance with or detecting evasion of this Regulation and in order to facilitate the obtaining, by or on behalf of the Chief Executive, of evidence of the commission of an offence under this Regulation or, with respect to any of the matters regulated by this Regulation, of an offence under any enactment relating to customs. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 18 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 18 Penalties and proceedings VerDate:22/08/1997 (1) Any person guilty of an offence under section 13(2) shall be liable- (a) on conviction on indictment to a fine and to imprisonment for 7 years; (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (2) Any person guilty of an offence under section 3(b) or (d) of Schedule 2 shall be liable- (a) on conviction on indictment to a fine and to imprisonment for 2 years; (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) Any person guilty of an offence under section 15(1) or (2) or 16(3) shall be liable- (a) on conviction on indictment to a fine and to imprisonment for 2 years; (b) on summary conviction to a fine at level 6. (4) Any person guilty of an offence under section 3(a) or (c) of Schedule 2 shall be liable on summary conviction to a fine at level 6 and to imprisonment for 6 months. (5) Any person guilty of an offence under section 14 or 16(2) shall be liable on summary conviction to a fine at level 6. (6) Where any body corporate is guilty of an offence under this Regulation, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (7) Summary proceedings for an offence under this Regulation, being an offence alleged to have been committed outside the HKSAR, may be instituted at any time not later than 12 months from the date on which the person charged first enters the HKSAR after committing the offence. (8) No proceedings for an offence under this Regulation shall be instituted in the HKSAR except by or with the consent of the Secretary for Justice. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 19 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 19 Exercise of powers of the Chief Executive VerDate:22/08/1997 (1) The Chief Executive may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorize the delegation of any of his powers under this Regulation to any person, or class or description of persons, approved by him, and references in this Regulation to the Chief Executive shall be construed accordingly. (2) Any licences granted under this Regulation may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the Chief Executive. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 20 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SECT 20 Miscellaneous VerDate:22/08/1997 Any provision of this Regulation which prohibits the doing of a thing except under the authority of a licence or permission granted by the Chief Executive shall not have effect in relation to any such thing done in a place outside the HKSAR by a person who is ordinarily resident in, or by a body corporate incorporated or constituted under the law of, that place, provided that it is so done under the authority of a licence or permission granted, in accordance with any law in force in that place (being a law substantially corresponding to the relevant provision of this Regulation), by the authority competent in that behalf under that law. UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SCHEDULE 1 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SCHEDULE 1 PROHIBITED GOODS VerDate:22/08/1997 [sections 2, 3, 4, 5, 13 & 16] PART 1 (Arms) (1) Any arms and related material (including weapons, ammunition, military vehicles, military equipment and paramilitary police equipment). (2) Any component for any goods specified in subsection (1). (3) Any goods specially designed or prepared for use, or normally used, in the manufacture or maintenance of any goods specified in subsection (1) or (2). PART 2 (Aircraft) Any aircraft and any component specially designed for aircraft. PART 3 (Airfield infrastructure) Any materials specially designed or prepared or destined for the construction, improvement or maintenance of civilian or military airfields and their associated facilities and equipment, with the exception of emergency equipment and equipment directly related to civilian air traffic control. PART 4 (Oil industry equipment) 1. Pumps of a capacity of 350 cubic metres per hour or more and drivers (gas turbines and electric motors) designed for use in the transportation of crude oil or natural gas. 2. Equipment designed for use in crude oil export terminals, as follows- loading buoys or single point moorings (spm); flexible hoses of 12 to 16 inches in diameter for connection between underwater manifolds (plem); single point mooring and floating loading hoses of 12 to 16 inches in diameter; anchor chains. 3. Equipment not specifically designed for use in crude oil export terminals but which because of their large capacity can be used for this purpose, as follows- loading pumps with a capacity of 4000 cubic metres per hour or more and of small head (10 bars); boosting pumps within the same range of flow rates; inline pipe line inspection tools and cleaning devices (i.e. pigging tools) of 16 inches or more in diameter; metering equipment with a capacity of 1000 cubic metres per hour or more. 4. Refinery equipment, as follows- pumps meeting American Petroleum Institute (API) 610 standards; boilers meeting industry 1 standards; furnaces meeting industry 8 standards; fractionation columns meeting industry 8 standards; catalytic reactors meeting industry 8 standards; prepared catalysts, including the following- catalysts containing platinum; catalysts containing molybdenum. 5. Any spare parts or other equipment or supplies specially designed or prepared or destined for the manufacture or maintenance of any of the equipment listed in sections 1 to 4. 6. Except as otherwise indicated, the standards referred to in section 4 are those of the American Society of Mechanical Engineers (ASME). UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SCHEDULE 2 (Repealed L.N. 23 of 2004) VerDate:13/02/2004 UNITED NATIONS SANCTIONS (LIBYA) REGULATION - SCHEDULE 2 EVIDENCE AND INFORMATION VerDate:22/08/1997 [sections 17 & 18] 1. (1) Without prejudice to any other provision of this Regulation, or any provision of any other law, the Chief Executive (or an authorized officer) may request any person in or resident in the HKSAR to furnish to him (or to that authorized officer) any information in his possession or control, or to produce to him (or to that authorized officer) any document in his possession or control, which he (or that authorized officer) may require for the purpose of securing compliance with or detecting evasion of this Regulation, and any person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request. (2) Nothing in subsection (1) shall be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged communication made to him in that capacity. (3) Where a person is convicted of failing to furnish information or produce a document when requested so to do under this section, the magistrate or court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document. (4) The power conferred by this section to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them. 2. (1) If any magistrate or judge is satisfied by information on oath given by any police officer, customs officer or authorized officer- (a) that there is reasonable ground for suspecting that an offence under this Regulation or, with respect to any of the matters regulated by this Regulation, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, vessel or aircraft so specified; or (b) that any documents which ought to have been produced under section 1 and have not been produced are to be found on any such premises or in any such vehicle, vessel or aircraft, he may grant a search warrant authorizing any police or customs officer, together with any other persons named in the warrant and any other police or customs officers, to enter the premises specified in the information or, as the case may be, any premises upon which the vehicle, vessel 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, vessel or aircraft. (2) A person authorized by any such warrant to search any premises or any vehicle, vessel 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, vessel or aircraft and may seize any document or article found on the premises or in the vehicle, vessel or aircraft or on such person which he has reasonable ground to believe to be evidence of the commission of any such offence as aforesaid, or any documents which he has reasonable ground to believe ought to have been produced under section 1, 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, vessel 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 such an offence as aforesaid to which they are relevant, until the conclusion of those proceedings. (5) No information furnished or document produced (including any copy of or extract made of any document produced) by any person in pursuance of a request made under this Schedule, and no document seized under subsection (2), shall be disclosed except- (a) with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized: Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent or 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 Schedule 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 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 Libya 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 or, with respect to any of the matters regulated by this Regulation, for an offence against any enactment relating to customs. 3. Any person who- (a) without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; (b) intentionally furnishes false information or a false explanation to any person exercising his powers under this Schedule; (c) otherwise intentionally obstructs any person in the exercise of his powers under this Schedule; or (d) with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document, shall be guilty of an offence.