Hong Kong Regulations

UNITED NATIONS SANCTIONS (ARMS EMBARGOES) REGULATION - SECT 7

Carriage of certain goods destined for a prohibited destination

(Past version on 22/08/1997).

(1) Except under the authority of a licence granted by the Chief Executive
under this section, and without prejudice to the generality of section 2, no
ship or aircraft to which this section applies, and no vehicle within the
HKSAR, shall be used for the carriage of goods specified in Schedule 1 if the
carriage is or forms part of carriage from any place outside a
prohibited destination to any place therein, or to, or to the order of, a
person connected with a prohibited destination.

(2) Except under the authority of a licence granted by the Chief Executive
under this section, and without prejudice to the generality of section 2, no
ship or aircraft to which this section applies, and no vehicle within the
HKSAR, shall be used for the carriage of goods specified in Schedule 1 if the
person specified in subsection (4)(a), (b) or (c) in relation to the ship,
aircraft or vehicle in question knows or suspects that the carriage is or
forms part of carriage from any place outside Burundi, Tanzania, Uganda or
Zaire to any person therein and that the goods in question are intended for
use within Rwanda.

(3) This section applies to ships registered in the HKSAR, to aircraft so
registered and to any other ship or aircraft that is for the time being
chartered to any person who is-

   (a)  within the HKSAR; (L.N. 367 of 1998)

   (aa) a permanent resident of the HKSAR; or (L.N. 367 of 1998)

   (b)  a body incorporated or constituted under the law of the HKSAR.

(4) If any ship, aircraft or vehicle is used in contravention of subsection
(1), then-

   (a)  in the case of a ship registered in the HKSAR or any aircraft so
        registered, the owner and the master of the ship or, as the case may
        be, the operator and the commander of the aircraft;

   (b)  in the case of any other ship or aircraft, the person to whom the ship
        or aircraft is for the time being chartered and, if he is such a
        person as is referred to in subsection (3)(a) or (b), the master of
        the ship or, as the case may be, the operator and the commander of the
        aircraft; or

   (c)  in the case of a vehicle, the operator of the vehicle, shall be guilty
        of an offence unless he proves that he did not know and had no reason
        to suppose that the carriage of the goods in question was, or formed
        part of, carriage from any place outside a prohibited  destination to
        any place therein or to, or to the order of, any person 
        connected with a prohibited destination.

(5) If any ship, aircraft or vehicle is used in contravention of subsection
(2), the person specified in subsection (4)(a), (b) or (c) in relation to the
ship, aircraft or vehicle in question shall be guilty of an offence.

(6) In the case of proceedings for an offence in contravention of subsection
(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 goods in question were goods
specified in Schedule 1.

(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.

(8) Nothing in this section shall apply where the supply or delivery or
exportation from the HKSAR of the goods concerned to the
prohibited destination was authorized by a licence granted by the Chief
Executive under section 2(1) or 3(1). (L.N. 367 of 1998)