UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - CHAPTER 537K UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - LONG TITLE Empowering section VerDate:23/06/2000 (Cap 537, section 3) [23 June 2000] (L.N. 229 of 2000) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 1 Interpretation VerDate:19/07/2002 In this Regulation, unless the context otherwise requires- "arms and related material" (武器及相關物資) includes weapons, ammunition, military vehicles, military equipment and paramilitary equipment; (L.N. 134 of 2002) "authorized officer" (獲授權人員) means a person authorized in writing by the Chief Executive for the purposes of this Regulation; "commander" (機長), in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator of the aircraft or, failing such a person, the person who is for the time being the pilot in command of the aircraft; "Committee" (委員會) means the Committee of the Security Council of the United Nations established pursuant to Resolution 1267; "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 and, in relation to a ship, submersible vehicle, aircraft or vehicle, includes the taking out of the HKSAR of the ship, submersible vehicle, aircraft or vehicle notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; (L.N. 134 of 2002) "funds" (資金) includes- (a) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; (b) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (c) securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); (d) interest, dividends or other income on or value accruing from or generated by property; (e) credit, rights of set-off, guarantees, performance bonds or other financial commitments; (f) letters of credit, bills of lading and bills of sale; and (g) documents evidencing an interest in funds or financial resources, and any other instrument of export financing; (L.N. 134 of 2002) "master" (船長), in relation to a ship, includes a person (other than a pilot) for the time being in charge of the ship; (L.N. 134 of 2002) "operator" (營運人), in relation to an aircraft, means the person for the time being having the management of the aircraft; "owner" (擁有人), in relation to a ship, where the owner of the ship is not the operator, means the operator and any person to whom it is chartered; (L.N. 134 of 2002) "prohibited goods" (禁制物品) means- (a) any arms and related material; or (b) any component for any arms or related material; (L.N. 134 of 2002) "relevant person" (有關人士) means- (a) Usama bin Laden, being the person referred to in the list maintained by the Committee for the purposes of Resolution 1390 and designated by the Chief Executive in accordance with section 10; or (b) a person who is- (i) a member of the Al-Qaida Organization; (ii) a member of the Taliban; or (iii) an individual associated with a person mentioned in subparagraph (i) or (ii) or paragraph (a), being a person referred to in the list mentioned in paragraph (a) and designated by the Chief Executive in accordance with section 10; (L.N. 134 of 2002) "relevant undertaking" (有關企業) means an undertaking or entity associated with a relevant person, being an undertaking or entity referred to in the list maintained by the Committee for the purposes of Resolution 1390 and designated by the Chief Executive in accordance with section 10; (L.N. 134 of 2002) "Resolution 1267" (《第1267號決議》) means Resolution 1267 adopted by the Security Council of the United Nations on 15 October 1999; "Resolution 1390" (《第1390號決議》) means Resolution 1390 adopted by the Security Council of the United Nations on 16 January 2002; (L.N. 134 of 2002) "ship" (船舶) includes every description of vessel used in navigation not propelled by oars; "Taliban" (塔利班) means the Afghan political faction known as the Taliban; (L.N. 134 of 2002) "vehicle" (載具) means land transport vehicle. (L.N. 134 of 2002) "arms and related material" (武器及相關物資) "authorized officer" (獲授權人員) "commander" (機長) "Committee" (委員會) "customs officer" (海關人員) "export" (出口) "funds" (資金) "master" (船長) "operator" (營運人) "owner" (擁有人) "prohibited goods" (禁制物品) "relevant person" (有關人士) "relevant undertaking" (有關企業) "Resolution 1267" (《第1267號決議》) "Resolution 1390" (《第1390號決議》) "ship" (船舶) "Taliban" (塔利班) "vehicle" (載具) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 1 Interpretation VerDate:23/06/2000 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; "commander" (機長), in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator of the aircraft or, failing such a person, the person who is for the time being the pilot in command of the aircraft; "Committee" (委員會) means the Committee of the Security Council of the United Nations established pursuant to Resolution 1267; "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); "gold" (黃金) means gold coin or gold bullion; "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 and any other similar means; "operator" (營運人), in relation to an aircraft, means the person for the time being having the management of the aircraft; "Resolution 1267" (《第1267號決議》) means Resolution 1267 adopted by the Security Council of the United Nations on 15 October 1999; "securities" (證券) include- (a) shares, stocks, bonds, notes, debentures and debenture stocks; (b) a deposit receipt in respect of the deposit of securities; (c) a negotiable receipt or other negotiable certificate or document evidencing the deposit of a sum of money; (d) a promissory note; (e) a unit or a sub-unit of a unit trust; (f) an annuity or a life insurance policy or other contract entered into with an insurance company for securing a payment in the future of any capital sum or of an annuity; (g) a warrant conferring an option to acquire securities; (h) a share in an oil royalty; "ship" (船舶) includes every description of vessel used in navigation not propelled by oars; "Taliban" (塔利班) means the Afghan faction known as the Taliban, also known as the Islamic Emirate of Afghanistan; "Taliban undertaking" (塔利班企業) means any entity, wherever incorporated or constituted, owned or controlled directly or indirectly by the Taliban; "vehicle" (載具) means land transport vehicle. "authorized officer" (獲授權人員) "commander" (機長) "Committee" (委員會) "customs officer" (海關人員) "gold" (黃金) "make any payment" (作出任何付款) "operator" (營運人) "Resolution 1267" (《第1267號決議》) "securities" (證券) "ship" (船舶) "Taliban" (塔利班) "Taliban undertaking" (塔利班企業) "vehicle" (載具) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 2 (Repealed L.N. 134 of 2002) VerDate:19/07/2002 UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 2 Prohibition of flights VerDate:23/06/2000 (1) Notwithstanding any licence, operating permit or permit granted under regulation 5, 20A or 23 of the Air Transport (Licensing of Air Services) Regulations (Cap 448 sub. leg.), an aircraft, wherever registered, shall not take off from or land in the HKSAR if- (a) the aircraft is owned, leased or operated by or on behalf of the Taliban, as designated by the Committee in accordance with Resolution 1267; and (b) the designation is published in the Gazette by the authority of the Chief Executive, except with the permission in writing of the Chief Executive. (2) Where an aircraft is used in contravention of subsection (1), the operator and the commander of the aircraft shall be guilty of an offence. UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3 Freezing of funds, financial assets, etc. VerDate:19/07/2002 (1) Except with the permission in writing of the Chief Executive, a person shall not make available, directly or indirectly, any funds or other financial assets or economic resources for the benefit of a relevant person or a relevant undertaking. (2) A person who contravenes subsection (1) commits an offence and is 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. (3) This section applies to- (a) a person within the HKSAR; and (b) a person acting elsewhere who is- (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3 Freezing of fund and financial resources VerDate:23/06/2000 (1) Except with the permission in writing of the Chief Executive, no person shall- (a) make any payment or dispose of 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 an action to which this section applies. (2) This section applies to any action that is likely to make available directly or indirectly, or otherwise to result in the remittance or transfer of, to or for the benefit of the Taliban or any Taliban undertaking, any funds or other financial resources, whether by their removal from the HKSAR or otherwise. (3) The provisions of this section shall apply to any funds or other financial resources that are derived or generated from property owned or controlled directly or indirectly by the Taliban or by any Taliban undertaking, and any other funds or financial resources, where- (a) such funds or financial resources are designated by the Committee in accordance with Resolution 1267; and (b) the designation is published in the Gazette by the authority of the Chief Executive. (4) The provisions of this section shall apply to any person within the HKSAR and any person elsewhere who is- (a) both a Hong Kong permanent resident and a Chinese national; or (b) a body incorporated or constituted under the law of the HKSAR. (5) A person specified in subsection (4) who contravenes subsection (1) shall be guilty of an offence. UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3A Entry or transit by relevant persons VerDate:19/07/2002 (1) Subject to subsection (3), a relevant person shall not enter or transit through the HKSAR. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of $500000 and to imprisonment for 2 years. (3) This section does not apply- (a) so as to prohibit a person having the right of abode or the right to land in the HKSAR from entering the HKSAR; (b) if entry or transit is necessary for the fulfilment of a judicial process; or (c) if the Committee determines in a particular case that entry or transit is justified, to that case. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3B Supplies and deliveries of prohibited goods to relevant persons or relevant undertakings VerDate:19/07/2002 (1) Except with the permission in writing of the Chief Executive, a person shall not- (a) supply or deliver; (b) agree to supply or deliver; or (c) do any act likely to promote the supply or delivery of, any prohibited goods- (d) to, or to the order of, a relevant person or a relevant undertaking; or (e) to any destination for the purpose of delivery, directly or indirectly, to, or to the order of, a relevant person or a relevant undertaking. (2) A person who contravenes subsection (1) commits an offence and is 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. (3) In the case of proceedings for an offence under this section, it is a defence for the accused person to prove that- (a) he did not know and had no reason to believe that the goods in question were prohibited goods; or (b) he did not know and had no reason to believe that the goods in question were to be supplied or delivered- (i) to, or to the order of, a relevant person or a relevant undertaking; or (ii) to any destination for the purpose of delivery, directly or indirectly, to, or to the order of, a relevant person or a relevant undertaking. (4) This section applies to- (a) a person within the HKSAR; and (b) a person acting elsewhere who is- (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. (5) Subsection (1)(b) and (c) does not apply if the supply or delivery of the goods to the person or undertaking concerned is permitted for the purposes of this section. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3C Exportation of prohibited goods to relevant persons or relevant undertakings VerDate:19/07/2002 (1) Except with the permission in writing of the Chief Executive, prohibited goods shall not be exported from the HKSAR- (a) to, or to the order of, a relevant person or a relevant undertaking; or (b) to any destination for the purpose of delivery, directly or indirectly, to, or to the order of, a relevant person or a relevant undertaking. (2) A person who contravenes subsection (1) commits an offence and is 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. (3) In the case of proceedings for an offence under this section, it is a defence for the accused person to prove that- (a) he did not know and had no reason to believe that the goods in question were prohibited goods; or (b) he did not know and had no reason to believe that the goods in question were to be exported from the HKSAR- (i) to, or to the order of, a relevant person or a relevant undertaking; or (ii) to any destination for the purpose of delivery, directly or indirectly, to, or to the order of, a relevant person or a relevant undertaking. (4) This section applies to- (a) a person within the HKSAR; and (b) a person acting elsewhere who is- (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. (5) This section does not apply so as to prejudice any other law prohibiting or restricting the exportation of goods from the HKSAR. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3D Provision of certain technical advice, assistance or training VerDate:19/07/2002 (1) Except with the permission in writing of the Chief Executive, a person shall not provide, directly or indirectly, any technical advice, assistance or training related to military activities, to a relevant person or a relevant undertaking. (2) A person who contravenes subsection (1) commits an offence and is 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. (3) In the case of proceedings for an offence under this section, it is a defence for the accused person to prove that- (a) he did not know and had no reason to believe that the advice, assistance or training was being provided, directly or indirectly, to a relevant person or a relevant undertaking; or (b) he did not know and had no reason to believe that the advice, assistance or training related to military activities. (4) This section applies to- (a) a person within the HKSAR; and (b) a person acting elsewhere who is- (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3E Carriage of prohibited goods for purposes of supply or delivery to relevant persons or relevant undertakings VerDate:19/07/2002 (1) This section applies to and in relation to- (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. (2) Without limiting section 3B, and except with the permission in writing of the Chief Executive, no ship, aircraft or vehicle shall be used for the carriage of prohibited goods if the carriage is, or forms part of, carriage- (a) to, or to the order of, a relevant person or a relevant undertaking; or (b) to any destination for the purpose of delivery, directly or indirectly, to, or to the order of, a relevant person or a relevant undertaking. (3) If a ship, aircraft or vehicle is used in contravention of subsection (2), a specified person commits an offence and is 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, and if there is more than one specified person, then each specified person is liable accordingly. (4) For the purposes of subsection (3), "specified person" (指明人士)- (a) in relation to a ship registered in the HKSAR, means the owner or master of the ship; (b) in relation to any other ship- (i) means the person to whom the ship is for the time being chartered; or (ii) means 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, means the operator or commander of the aircraft; (d) in relation to any other aircraft- (i) means the person to whom the aircraft is for the time being chartered; (ii) means 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) means 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; (e) in relation to a vehicle, means the operator of the vehicle. (5) In the case of proceedings for an offence in contravention of this section, it is a defence for the accused person to prove that- (a) he did not know and had no reason to believe that the goods in question were prohibited goods; or (b) he did not know and had no reason to believe that the carriage of the goods in question was, or formed part of, carriage- (i) to, or to the order of, a relevant person or a relevant undertaking; or (ii) to any destination for the purpose of delivery, directly or indirectly, to, or to the order of, a relevant person or a relevant undertaking. (6) This section does not apply so as to prejudice any other law prohibiting or restricting the use of a ship, aircraft or vehicle. (7) This section does not apply if the supply or delivery or exportation from the HKSAR of the goods concerned to the prohibited destination was permitted under section 3B or 3C. (L.N. 134 of 2002) "specified person" (指明人士) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3F Powers to demand evidence of destination which goods reach VerDate:19/07/2002 (1) An exporter or a shipper of any prohibited goods that have been exported from the HKSAR shall, if required by the Chief Executive, produce within such time as the Chief Executive may allow, proof to the Chief Executive's satisfaction that the goods have reached- (a) a destination to which they were authorized to be supplied or delivered by a permission granted under this Regulation; or (b) a destination to which their supply or delivery was not prohibited by this Regulation. (2) A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 6. (3) In the case of proceedings for an offence under subsection (2), it is a defence for the accused person to prove that he did not consent to or connive at the goods reaching any destination other than a destination mentioned in subsection (1)(a) or (b). (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3G Declaration as to goods: powers of search VerDate:19/07/2002 (1) A person who is about to leave the HKSAR shall, if required by an authorized officer- (a) declare whether or not he has with him any prohibited goods that are destined for a relevant person or a relevant undertaking or, for delivery, directly or indirectly, to, or to the order of, a relevant person or a relevant undertaking; and (b) produce any prohibited goods mentioned in paragraph (a) that he has with him, and the officer, and any person acting under his directions, may search that person for the purpose of ascertaining if he has with him any such goods. (2) A person may however only be searched under subsection (1) by a person of the same sex. (3) A person who, without reasonable excuse, refuses to make a declaration, fails to produce any goods, or refuses to allow himself to be searched under subsection (1) commits an offence and is liable on conviction to a fine at level 6. (4) A person who, under this section, makes a declaration that he knows to be false in a material particular, or recklessly makes a declaration that is false in a material particular, commits an offence and is 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. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3H Investigations, etc. of suspected ship VerDate:19/07/2002 (1) If an authorized officer has reason to suspect that a ship to which section 3E applies has been, is being or is about to be used in contravention of subsection (2) of that section, he may- (a) either alone or accompanied and assisted by any person 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. (2) If an authorized officer has reason to suspect that a ship is being or is about to be used in contravention of section 3E(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 prevent 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) to direct the master or charterer to refrain, except with the consent of any authorized officer, from landing at any port specified by him any part of the ship's cargo that is so specified; (b) to request the master or charterer 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 him and to cause the ship and its cargo to remain in that place 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 him in agreement with the master or charterer. (3) If a master or charterer of a ship- (a) disobeys any direction given under subsection (2)(a); or (b) without reasonable excuse, refuses or fails to comply with a request made under this section, within a reasonable time, the master or charterer commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (4) If a master or charterer of a ship furnishes or produces to the authorized officer in response to a request made under this section 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, the master or charterer commits an offence and is 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. (5) If a master, charterer or member of a crew of a ship intentionally obstructs an authorized officer (or any person acting under the authority of an authorized officer) in the exercise of his powers under this section, the master, charterer or crew member commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (6) Without prejudice to subsections (3), (4) and (5), if- (a) a master or charterer refuses or fails to comply with a request made under subsection (2)(b); or (b) an authorized officer otherwise has reason to suspect that a request that has been so made may not be complied with, the 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 enter the ship, or authorize such entry, and use or authorize the use of reasonable force. (7) A power conferred by this section to request the furnishing of information or the production of a document or of cargo for inspection includes a power to- (a) specify if the information should be furnished orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be furnished or the document or cargo be produced for inspection. (8) This section does not apply so as to prejudice any other law conferring powers or imposing restrictions or enabling restrictions to be imposed in respect of a ship. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3I Investigations, etc. of suspected aircraft VerDate:19/07/2002 (1) If an authorized officer has reason to suspect that an aircraft to which section 3E applies has been, is being or is about to be used in contravention of subsection (2) of that section, he may- (a) either alone or accompanied and assisted by any person under his authority, board the aircraft and search it and, for that purpose, use or authorize the use of reasonable force; and (b) request the charterer, operator or commander of the aircraft, or all 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. (2) If the aircraft is in the HKSAR, an authorized officer 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)) further request the charterer, operator or commander, or all 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. (3) If a charterer, operator or commander of an aircraft, without reasonable excuse, refuses or fails to comply with a request made under this section, within a reasonable time, the charterer, operator or commander commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (4) If a charterer, operator or commander of an aircraft furnishes or produces to the authorized officer in response to a request made under this section 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, the charterer, operator or commander commits an offence and is 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. (5) If a charterer, operator, commander or member of a crew of an aircraft intentionally obstructs an authorized officer (or any person acting under the authority of an authorized officer) in the exercise of his powers under this section, the charterer, operator, commander or crew member commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (6) Without prejudice to subsections (3), (4) and (5), if an authorized officer has reason to suspect that a request that has been made under subsection (2) 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 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. (7) A power conferred by this section to request the furnishing of information or the production of a document or of cargo for inspection includes a power to- (a) specify if the information should be furnished orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be furnished or the document or cargo be produced for inspection. (8) This section does not apply so as to prejudice any other law conferring powers or imposing restrictions or enabling restrictions to be imposed in respect of an aircraft. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3J Investigations, etc. of suspected vehicle VerDate:19/07/2002 (1) If an authorized officer has reason to suspect that a vehicle in the HKSAR has been, is being or is about to be used in contravention of section 3E(2), he may- (a) either alone or accompanied and assisted by any person 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 and driver of the vehicle or either of them to furnish such information relating to the vehicle and goods contained in it and produce for his inspection such documents so relating and such goods as he may specify; and (c) (either there and then or on consideration of any information furnished or document or goods produced in pursuance of a request made under paragraph (b)) further request the operator or driver of the vehicle to cause the vehicle and any goods contained in it to remain in the HKSAR until the operator or driver of the vehicle is notified by an authorized officer that the vehicle and its goods may depart. (2) If an operator or driver of a vehicle, without reasonable excuse, refuses or fails to comply with a request made under this section, within a reasonable time, the operator or driver of the vehicle commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (3) If an operator or driver of a vehicle furnishes or produces to the authorized officer in response to a request made under this section 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, the operator or driver of the vehicle commits an offence and is 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) If an operator or driver of a vehicle intentionally obstructs an authorized officer (or any person acting under the authority of an authorized officer) in the exercise of his powers under this section, the operator or driver of the vehicle commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (5) Without prejudice to subsections (2), (3) and (4), if an authorized officer has reason to suspect that a request that has been made under subsection (1)(c) 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 authorized the detention of, that vehicle and any goods contained in it; and (c) use, or authorize the use of, reasonable force. (6) A power conferred by this section to request the furnishing of information or the production of a document or of goods for inspection includes a power to- (a) specify if the information should be furnished orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be furnished or the document or goods be produced for inspection. (7) This section does not apply so as to prejudice any other law conferring powers or imposing restrictions or enabling restrictions to be imposed in respect of a vehicle. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3K Disclosure of information or documents VerDate:19/07/2002 (1) Any information furnished or any document produced or seized in pursuance of section 3H, 3I or 3J may be disclosed only if- (a) the person who furnished the information or produced the document, or the person from whom the document was seized, has given consent to the disclosure; (b) the information or document is disclosed to a person who would have been empowered under this Regulation to request that it be furnished or produced; (c) the information or document is disclosed 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 purposes of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to a relevant person or a relevant undertaking decided on by the Security Council of the United Nations; or (d) the information or document is disclosed with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Regulation. (2) For the purposes of subsection (1)(a)- (a) a person may not give consent to the disclosure if he has obtained the information or possessed the document only in his capacity as servant or agent of another person; and (b) a person may give consent to the disclosure if he is entitled to the information or to the possession of the document in his own right. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3L Production of proof of identity VerDate:19/07/2002 Before or on exercising a power conferred by section 3H, 3I or 3J, an authorized officer shall, if requested so to do, produce evidence of his identity and authority. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 4 Offences in connection with applications for permission, conditions attached to permission, etc. VerDate:19/07/2002 (1) If, for the purpose of obtaining any permission referred to in this Regulation, a person makes any statement or furnishes any document or information that to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information that is false in a material particular, he shall be guilty of an offence. (2) Subject to subsection (3), a person who has done any act under the authority of a permission referred to in this Regulation and who fails to comply with any condition attaching to the permission shall be guilty of an offence. (3) It shall be a defence for a person charged with an offence under subsection (2) to prove 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 permission. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 4 Offences in connection with applications for permission, conditions attached to permission, etc. VerDate:23/06/2000 (1) If, for the purpose of obtaining any permission referred to in section 2(1) or 3(1), a person makes any statement or furnishes any document or information that to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information that is false in a material particular, he shall be guilty of an offence. (2) Subject to subsection (3), a person who has done any act under the authority of a permission referred to in section 2(1) or 3(1) and who fails to comply with any condition attaching to the permission shall be guilty of an offence. (3) It shall be a defence for a person charged with an offence under subsection (2) to prove 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 permission. UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 5 Obtaining of evidence and information VerDate:19/07/2002 The provisions of the Schedule shall have effect in order to- (a) 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; (b) facilitate the obtaining, by or on behalf of the Chief Executive, of evidence in relation to the commission of an offence under this Regulation. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 5 Obtaining of evidence and information VerDate:23/06/2000 The provisions of the Schedule shall have effect in order to- (a) 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; (b) 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 relating to customs or of an offence against any provision of law with respect to similar matters that is for the time being in force in the HKSAR. UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 6 Penalties and proceedings VerDate:19/07/2002 (1) A person guilty of an offence under section 3(b) or (d) of the Schedule shall be liable- (L.N. 134 of 2002) (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. (2) (Repealed L.N. 134 of 2002) (3) A person guilty of an offence under section 4(1) or (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. (4) A person guilty of an offence under section 3(a) or (c) of the Schedule shall be liable on summary conviction to a fine at level 6 and to imprisonment for 6 months. (5) Where a 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. (6) 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. (7) 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 (AFGHANISTAN) REGULATION - SECT 6 Penalties and proceedings VerDate:23/06/2000 (1) A person guilty of an offence under section 3(b) or (d) of the Schedule or section 2(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. (2) A person guilty of an offence under section 3(5) 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. (3) A person guilty of an offence under section 4(1) or (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. (4) A person guilty of an offence under section 3(a) or (c) of the Schedule shall be liable on summary conviction to a fine at level 6 and to imprisonment for 6 months. (5) Where a 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. (6) 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. (7) 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 (AFGHANISTAN) REGULATION - SECT 7 Grant of permission VerDate:19/07/2002 No permission referred to in this Regulation shall be granted except in accordance with a resolution of the Security Council of the United Nations. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 7 Grant of permission VerDate:23/06/2000 No permission referred to in section 2(1) or 3(1) shall be granted except in accordance with a resolution of the Security Council of the United Nations. UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 8 (Repealed L.N. 134 of 2002) VerDate:19/07/2002 UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 8 Exceptions VerDate:23/06/2000 (1) Nothing in section 2 shall apply to any flight that has been approved in advance by the Committee on the ground of humanitarian need. (2) Nothing in section 3 shall apply to any action that has been authorized in advance by the Committee on the ground of humanitarian need. (3) A person who claims that subsection (1) or (2) applies shall produce evidence in advance to prove that fact to the satisfaction of the Chief Executive. UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 9 Exercise of powers of the Chief Executive VerDate:19/07/2002 (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 or functions under this Regulation to any person, or any class or description of persons, approved by him, and references in this Regulation to the Chief Executive shall be construed accordingly. (2) Subject to section 7, any permission referred to in 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. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 9 Exercise of powers of the Chief Executive VerDate:23/06/2000 (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 or functions under this Regulation to any person, or any class or description of persons, approved by him, and references in this Regulation to the Chief Executive shall be construed accordingly. (2) Subject to section 7, any permission referred to in section 2(1) or 3(1) 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 (AFGHANISTAN) REGULATION - SECT 10 Designation by Chief Executive VerDate:19/07/2002 The Chief Executive shall by notice published in the Gazette designate a person, undertaking or entity as a person, undertaking or entity referred to in the list maintained by the Committee for the purposes of Resolution 1390. (L.N. 134 of 2002) UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SCHEDULE SCHEDULE VerDate:19/07/2002 [sections 5 & 6] EVIDENCE AND INFORMATION 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 the Chief Executive (or to that authorized officer) any information, or to produce to the Chief Executive (or to that authorized officer) any document, that the person has in his possession or control and that the Chief Executive (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 to do so 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 the 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 person who is a present or past officer of, or is employed by, the body corporate to provide an explanation of such document. 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, ship or aircraft so specified; or (b) that any document that ought to have been produced under section 1 and that has not been so produced is to be found on any such premises or in any such vehicle, ship or aircraft, he may grant a search warrant authorizing any police officer 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, 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. (1A) Before or on exercising a power conferred by subsection (1), a person authorized by such warrant shall, if requested so to do, produce evidence of his identity and authority. (L.N. 134 of 2002) (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 that he has reasonable ground to believe to be evidence of the commission of an offence referred to in subsection (1) or any other document that he has reasonable ground to believe ought to have been produced under section 1 and may take in relation to any such document or article any other steps that 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 document or article 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 referred to in subsection (1) to which it is 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 of another person may not give consent for the purposes of this paragraph but that 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 a relevant person or a relevant undertaking decided upon by the Security Council of the United Nations; or (L.N. 134 of 2002) (d) with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Regulation. (L.N. 134 of 2002) 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. UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SCHEDULE SCHEDULE VerDate:23/06/2000 [sections 5 & 6] EVIDENCE AND INFORMATION 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 the Chief Executive (or to that authorized officer) any information, or to produce to the Chief Executive (or to that authorized officer) any document, that the person has in his possession or control and that the Chief Executive (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 to do so 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 the 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 person who is a present or past officer of, or is employed by, the body corporate to provide an explanation of such document. 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, ship or aircraft so specified; or (b) that any document that ought to have been produced under section 1 and that has not been so produced is to be found on any such premises or in any such vehicle, ship or aircraft, he may grant a search warrant authorizing any police officer 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, 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 that he has reasonable ground to believe to be evidence of the commission of an offence referred to in subsection (1) or any other document that he has reasonable ground to believe ought to have been produced under section 1 and may take in relation to any such document or article any other steps that 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 document or article 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 referred to in subsection (1) to which it is 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 of another person may not give consent for the purposes of this paragraph but that 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 the Taliban 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 under 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.