Hong Kong Regulations

UNITED NATIONS SANCTIONS (AFGHANISTAN) REGULATION - SECT 3I

Investigations, etc. of suspected aircraft

(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)