Hong Kong Regulations

UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3E

Carriage of prohibited goods for purposes of supply or delivery to relevant persons or relevant undertakings

(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)