UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - CHAPTER 537Q UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - LONG TITLE Empowering section (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - LONG TITLE Empowering section VerDate:04/10/2002 (Cap 537, section 3) [4 October 2002] (L.N. 141 of 2002) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 1 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 1 Duration VerDate:04/10/2002 This Regulation shall expire on 6 May 2003. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 2 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 2 Interpretation VerDate:04/10/2002 In this Regulation, unless the context otherwise requires- "authorized officer" (獲授權人員) means a police officer or a customs officer or a person authorized under section 3(1)(b); "commander" (機長), in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, 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 1343; "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 any vessel, submersible vehicle, aircraft or vehicle, includes the taking out of the HKSAR of the vessel, submersible vehicle, aircraft or vehicle notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; "licence" (特許) means a licence granted under section 3(1)(a); "master" (船長), in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship; "operator" (營運人), in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle; "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; "person connected with Liberia" (有關連人士) means- (a) the Government of Liberia; (b) any other person in, or resident in, Liberia; (c) any body incorporated or constituted under the law of Liberia; (d) any body, wherever incorporated or constituted, which is controlled by any of the persons mentioned in paragraphs (a) to (c); (e) any person acting on behalf of any of the persons mentioned in paragraphs (a) to (d); "prohibited goods" (禁制物品) means any goods specified in Schedule 1; "Resolution 1343" (《第1343號決議》) means Resolution 1343 (2001) adopted by the Security Council of the United Nations on 7 March 2001; "Resolution 1408" (《第1408號決議》) means Resolution 1408 (2002) adopted by the Security Council of the United Nations on 6 May 2002; "ship" (船舶) includes every description of vessel used in navigation not propelled by oars; "shipment" (付運) includes loading into a vessel, an aircraft or a vehicle. "authorized officer" (獲授權人員) "commander" (機長) "Committee" (委員會) "customs officer" (海關人員) "export" (出口) "licence" (特許) "master" (船長) "operator" (營運人) "owner" (擁有人) "person connected with Liberia" (有關連人士) "prohibited goods" (禁制物品) "Resolution 1343" (《第1343號決議》) "Resolution 1408" (《第1408號決議》) "ship" (船舶) "shipment" (付運) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 3 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 3 Power of Chief Executive VerDate:04/10/2002 (1) The Chief Executive may- (a) grant the licences mentioned in this Regulation; or (b) authorize in writing any person to be an authorized officer for the purposes of this Regulation. (2) Any licence granted under this section 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. (3) No licence shall be granted under this Regulation except with the approval of the instructing authority given either generally or in a particular case. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 4 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 4 Supplies and deliveries of certain goods to Liberia VerDate:04/10/2002 (1) Except under the authority of a licence granted for the purpose of this section, a person to whom this section applies 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 Liberia; (e) to, or to the order of, any person connected with Liberia; or (f) to any destination for the purpose of delivery, directly or indirectly, to Liberia or to, or to the order of, any person connected with Liberia. (2) This section applies to any person within the HKSAR and to any person acting 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. (3) Any person who contravenes subsection (1) commits an offence. (4) In proceedings for an offence under this section, it is a defence for a person charged under this section 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 were to be supplied or delivered- (i) to Liberia; (ii) to, or to the order of, any person connected with Liberia; or (iii) to any destination for the purpose of delivery, directly or indirectly, to Liberia or to, or to the order of, any person connected with Liberia. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 5 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 5 Exportation of certain goods to Liberia VerDate:04/10/2002 (1) Except under the authority of a licence granted for the purpose of this section, a person to whom this section applies shall not export any prohibited goods from the HKSAR if the goods are for export- (a) to Liberia; (b) to, or to the order of, any person connected with Liberia; or (c) to any destination for the purpose of delivery, directly or indirectly, to Liberia or to, or to the order of, any person connected with Liberia. (2) This section applies to any person within the HKSAR and to any person acting 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. (3) Any person to whom this section applies and who contravenes subsection (1) commits an offence. (4) In proceedings for an offence under this section, it is a defence for a person charged under this section 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 were to be exported from the HKSAR- (i) to Liberia; (ii) to, or to the order of, any person connected with Liberia; or (iii) to any destination for the purpose of delivery, directly or indirectly, to Liberia or to, or to the order of, any person connected with Liberia. (5) Nothing in this section shall be construed so as to prejudice any other law prohibiting or restricting the exportation of goods from the HKSAR. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 6 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 6 Provision of certain technical advice, assistance or training VerDate:04/10/2002 (1) Except under the authority of a licence granted for the purpose of this section, a person to whom this section applies shall not provide, directly or indirectly, to a person connected with Liberia, any technical advice, assistance or training related to the supply, delivery, manufacture, maintenance or use of any prohibited goods. (2) This section applies to any person within the HKSAR and to any person acting 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. (3) Any person who contravenes subsection (1) commits an offence. (4) In proceedings for an offence under this section, it is a defence for a person charged under this section to prove that he did not know and had no reason to believe that the advice, assistance or training was being provided, directly or indirectly, to a person connected with Liberia or that it related to the supply, delivery, manufacture, maintenance or use of any prohibited goods. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 7 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 7 Importation of rough diamonds into HKSAR VerDate:04/10/2002 (1) Except under the authority of a licence granted for the purpose of this section and subject to subsection (3), a person shall not import any rough diamonds, exported directly or indirectly from Liberia, into the HKSAR. (2) Any person who imports any rough diamonds into the HKSAR in contravention of subsection (1) commits an offence. (3) If the Committee has reported to the Security Council of the United Nations under paragraph 8 of Resolution 1408 in relation to a Certificate of Origin regime established by the Government of Liberia pursuant to paragraph 7 of Resolution 1408, subsection (1) shall not apply to any rough diamonds controlled by the Government of Liberia through the regime. (4) In proceedings for an offence under this section, it is a defence for a person charged under this section to prove that he did not know and had no reason to believe that the rough diamonds were being exported, directly or indirectly, from Liberia into the HKSAR. (5) Nothing in this section shall be construed so as to prejudice any other law prohibiting or restricting the importation of rough diamonds into the HKSAR. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 8 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 8 Entry or transit by senior members of Liberia, etc. VerDate:04/10/2002 (1) Any person who is- (a) a senior member of the Government of Liberia; (b) a senior member of the armed forces of Liberia; (c) the spouse of the senior member as referred to in paragraph (a) or (b); or (d) an individual providing financial and military support to armed rebel groups in countries neighbouring Liberia, in particular the Revolutionary United Front in Sierra Leone, as designated by the Committee, shall not enter or transit through the HKSAR. (2) Any person who contravenes subsection (1) commits an offence. (3) Nothing in this section shall prohibit a person having the right of abode or the right to land in the HKSAR from entry into the HKSAR. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 9 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 9 Powers to demand evidence of destination which goods reach VerDate:04/10/2002 (1) Any exporter or any shipper of any prohibited 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 supplied or delivered by a licence granted under this Regulation; or (b) a destination to which their supply or delivery was not prohibited by this Regulation, and, if he fails to do so, he commits an offence. (2) In proceedings for an offence under this section, it is a defence for a person charged under this section to prove that he did not consent to or connive at the goods reaching any destination other than such a destination mentioned in subsection (1)(a) or (b). UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 10 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 10 Offences in connection with application for licences, conditions attaching to licences, etc. VerDate:04/10/2002 (1) If for the purpose of obtaining any licence under this Regulation, any person makes any statement or produces any document or furnishes any information which to his knowledge is false in a material particular or recklessly makes any statement or produces any document or furnishes any information which is false in a material particular, he commits an offence. (2) Any person who has done any act under the authority of a licence granted under this Regulation and who fails to comply with any condition attaching to that licence commits an offence. (3) In proceedings for an offence under this section, it is a defence for a person charged under this section 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 licence. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 11 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 11 Declaration as to goods: powers of search VerDate:04/10/2002 (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 prohibited goods which are destined for Liberia or for delivery, directly or indirectly, to or to the order of, any person in Liberia; and (b) produce any such goods which he has with him, and such authorized 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. (2) A person may however only be searched under subsection (1) by a person of the same sex. (3) Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods or refuses to allow himself to be searched in accordance with subsection (1) commits an offence. (4) Any person who under this section makes a declaration which to his knowledge is false in a material particular or recklessly makes a declaration which is false in a material particular commits an offence. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 12 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 12 Declaration as to rough diamonds: powers of search VerDate:04/10/2002 (1) Any person who is about to enter into the HKSAR shall if he is required to do so by an authorized officer- (a) declare whether or not he has with him any rough diamonds which are exported directly or indirectly from Liberia; and (b) produce any such diamonds which he has with him, and such authorized officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such diamonds. (2) A person may however only be searched under subsection (1) by a person of the same sex. (3) Any person who without reasonable excuse refuses to make a declaration, or fails to produce any rough diamonds or refuses to allow himself to be searched in accordance with subsection (1) commits an offence and shall be liable, on summary conviction, to a fine at level 6. (4) Any person who under this section makes a declaration which to his knowledge is false in a material particular or recklessly makes a declaration which is false in a material particular commits an offence. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 13 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 13 Carriage of certain goods destined for Liberia VerDate:04/10/2002 (1) Except under the authority of a licence granted for the purpose of this section, and without prejudice to the generality of section 4, no ship or aircraft to which this section applies, and no vehicle within the HKSAR, shall be used for the carriage of prohibited goods if the carriage is, or forms part of, carriage- (a) from any place outside Liberia to any place therein; (b) to, or to the order of, any person connected with Liberia; or (c) to any destination for the purpose of delivery, directly or indirectly, to Liberia or to, or to the order of, any person connected with Liberia. (2) 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; (b) both a Hong Kong permanent resident and a Chinese national; or (c) a body incorporated or constituted under the law of the HKSAR. (3) 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- (i) the person to whom the ship or aircraft is for the time being chartered; and (ii) the master of the ship or, as the case may be, the operator or the commander of the aircraft if he is such a person as is referred to in subsection (2)(a), (b) or (c); or (c) in the case of a vehicle, the operator of the vehicle, commits an offence. (4) In proceedings for an offence under this section, it is a defence for a person charged under this section 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) from any place outside Liberia to any place therein; (ii) to, or to the order of, any person connected with Liberia; or (iii) to any destination for the purpose of delivery, directly or indirectly, to Liberia or to, or to the order of, any person connected with Liberia. (5) Nothing in this section shall be construed so as to prejudice any other law prohibiting or restricting the use of ships, aircraft or vehicles. (6) 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 for the purposes of section 4 or 5. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 14 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 14 Investigations, etc. of suspected ships, aircraft and vehicles VerDate:04/10/2002 (1) Where any authorized officer has reason to suspect that any ship to which section 13 applies has been or is being or is about to be used in contravention of subsection (1) of that section- (a) he may (either alone or accompanied and assisted by persons under his authority) board the ship and search it and, for that purpose, may use or authorize the use of reasonable force; (b) he may 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; and (c) in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of section 13(1), any authorized officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under paragraph (b)), with a view to preventing the commission (or the continued commission) of such contravention, or in order that enquiries into the matter may be pursued, may take the following further action- (i) to direct the master or charterer to refrain, except with the consent of an authorized officer, from landing at any port specified by the authorized officer any part of the ship's cargo that is so specified; or (ii) to request the master or charterer to take any one or more of the following steps- (A) 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; (B) if the ship is then in the HKSAR, to cause it and any of its cargo to remain there until the master or charterer is notified by an authorized officer that the ship and its cargo may depart; (C) if the ship is then in any other place, to take it and any of its cargo to any such port specified by an authorized officer and to cause it and its cargo to remain there until the master or charterer is notified as mentioned in sub-subparagraph (B); and (D) to take it and any of its cargo to any other destination that may be specified by an authorized officer in agreement with the master or charterer. (2) Without prejudice to subsection (10), where- (a) a master or charterer refuses or fails to comply with a request made under subsection (1)(c)(ii); or (b) an authorized officer otherwise has reason to suspect that a request that has been so made may not be complied with, any such 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 upon, or authorize entry upon, that ship and use, or authorize the use of, reasonable force. (3) Where any authorized officer has reason to suspect that any aircraft to which section 13 applies has been or is being or is about to be used in contravention of subsection (1) of that section- (a) he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorize the use of reasonable force; (b) he may request the charterer, the operator and the commander of the aircraft or any 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; and (c) if the aircraft is then in the HKSAR, any authorized officer may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under paragraph (b)) further request the charterer, the operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the HKSAR until notified that the aircraft and its cargo may depart. (4) Without prejudice to subsection (10), where any authorized officer has reason to suspect that any request that has been made under subsection (3)(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, upon any land and upon 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. (5) Where any authorized officer has reason to suspect that any vehicle in the HKSAR has been or is being or is about to be used in contravention of section 13(1)- (a) he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorize the use of reasonable force; (b) he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify; and (c) any authorized officer may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the HKSAR until notified that the vehicle and the goods may depart. (6) Without prejudice to subsection (10), where any authorized officer has reason to suspect that any request that has been made under subsection (5)(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, upon any land and enter, or authorize entry of, that vehicle; (b) detain, or authorize the detention of, that vehicle and any goods contained in it; and (c) use, or authorize the use of, reasonable force. (7) Before or on exercising any power conferred by this section, an authorized officer shall, if requested so to do, produce evidence of his identity and authority. (8) No information furnished or document produced by any person in pursuance of a request made under this section shall be disclosed except- (a) with the consent of the person by whom the information was furnished or the document was produced: 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 such consent may instead be given by any person who is entitled to that information or the possession of that document in his own right; (b) to any person who would have been empowered under this section 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 Liberia 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. (9) Any power conferred by this section to request the furnishing of information or the production of a document or of cargo or of goods for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo or goods produced for inspection. (10) Each of the following persons commits an offence, that is to say- (a) a master or a charterer of a ship who disobeys any direction given under subsection (1)(c)(i); (b) a master or a charterer of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who- (i) without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this section by any authorized officer; or (ii) intentionally or recklessly furnishes or produces any information, explanation or document which is false in a material particular to that authorized officer in response to such a request; or (c) a master or a charterer or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who intentionally obstructs any authorized officer (or any person acting under the authority of any authorized officer) in the exercise of his powers under this section. (11) Nothing in this section shall be construed so as to prejudice any other law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 15 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 15 Obtaining of evidence and information VerDate:04/10/2002 Schedule 2 shall have effect in order to- (a) facilitate the obtaining, by an authorized officer, of evidence and information for the purpose of securing compliance with or detecting evasion of this Regulation; or (b) facilitate the obtaining, by an authorized officer, of evidence in relation to the commission of an offence under this Regulation. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 16 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 16 Penalties and proceedings VerDate:04/10/2002 (1) Any person who commits an offence under section 4(3), 5(3), 6(3) or 13(3) 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 who commits an offence under section 7(2) or 14(10)(b)(ii), or 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 who commits an offence under section 8(2) shall be liable on summary conviction to a fine of $500000 and to imprisonment for 2 years. (4) Any person who commits an offence under section 10(1) or (2), 11(4) or 12(4) 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. (5) Any person who commits an offence under section 9(1) or 11(3) shall be liable on conviction to a fine at level 6. (6) Any person who commits an offence under section 14(10)(a), (b)(i) or (c), or section 3(a) or (c) of Schedule 2, shall be liable on conviction to a fine at level 6 and to imprisonment for 6 months. (7) Where any body corporate commits 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, commits that offence, and shall be liable to be proceeded against and punished accordingly. (8) Summary proceedings for an offence under this Regulation, being an offence alleged to have been committed outside the HKSAR, may be commenced at any time not later than 12 months from the date on which the person charged first enters the HKSAR after committing the offence. (9) 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 (LIBERIA) REGULATION 2002 - SECT 17 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 17 Exceptions VerDate:04/10/2002 (1) Nothing in section 4 shall apply to the supply, delivery or any act likely to promote the supply or delivery of- (a) non-lethal military equipment intended solely for humanitarian or protective use that has been approved in advance by the Committee; and (b) protective clothing including flak jackets and military helmets, temporarily exported to Liberia by the personnel of the United Nations, representatives of the media, humanitarian and development workers and associated personnel for their personal use only. (2) Nothing in section 5 shall apply to the exportation of- (a) non-lethal military equipment intended solely for humanitarian or protective use that has been approved in advance by the Committee; and (b) protective clothing including flak jackets and military helmets, temporarily exported to Liberia by the personnel of the United Nations, representatives of the media, humanitarian and development workers and associated personnel for their personal use only. (3) Nothing in section 6 shall apply to the provision of technical advice, assistance or training related to the supply, delivery, manufacture, maintenance and use of non-lethal military equipment intended solely for humanitarian or protective use that has been approved in advance by the Committee. (4) Nothing in section 8 shall- (a) impede the transit of the representatives of the Government of Liberia to the Headquarters of the United Nations to conduct the business of the United Nations; (b) impede the participation of the senior members of the Government of Liberia in the official meeting of the Mano River Union, the Economic Community of West African States or the Organization of African Unity; and (c) apply where- (i) the Committee determines that any travel by a person is justified on the ground of humanitarian need, including religious obligation; or (ii) the Committee concludes that any transit or travel by a person would otherwise promote the compliance by Liberia with the demands of the Security Council of the United Nations, or assist in the peaceful resolution of the conflicts in the subregion as referred to in paragraph 7(b) of Resolution 1343. (5) Nothing in section 13 shall apply to the carriage of non-lethal military equipment intended solely for humanitarian or protective use that has been approved in advance by the Committee. (6) A person who claims that subsection (1), (2), (3), (4) or (5) applies shall produce evidence in advance to prove that fact to the satisfaction of the Chief Executive. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 18 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SECT 18 Exercise of powers of Chief Executive VerDate:04/10/2002 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 class or description of persons, approved by him, and references in this Regulation to the Chief Executive shall be construed accordingly. UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SCHEDULE 1 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SCHEDULE 1 PROHIBITED GOODS VerDate:04/10/2002 [section 2] (1) Any arms and related material (including weapons, ammunition, military vehicles, military equipment and paramilitary equipment). (2) Any component for any goods specified in subsection (1). UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SCHEDULE 2 (Omitted as expired) VerDate:06/05/2003 (Omitted as expired) UNITED NATIONS SANCTIONS (LIBERIA) REGULATION 2002 - SCHEDULE 2 EVIDENCE AND INFORMATION VerDate:04/10/2002 [sections 15 & 16] 1. (1) Without prejudice to any other provision of this Regulation or any other law, an authorized officer may request any person in the HKSAR to furnish to him any information, or to produce to him any document, in his possession or control, which he 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 the judge 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) An order under this section may be made either on an application by an authorized officer or on the magistrate's or judge's own motion. (5) 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 authorized officer that- (a) there is reasonable ground for suspecting that an offence under this Regulation has been or is being committed and that evidence in relation to 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) 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 authorized officer, together with any other persons named in the warrant, 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) Before or on exercising any power conferred by subsection (1), a person authorized by any such warrant shall, if requested so to do, produce evidence of his identity and authority. (3) 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, the premises or the 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 in relation to 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 subsection (1) be searched except by a person of the same sex. (4) 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. (5) 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)(a) to which it is relevant, until the conclusion of those proceedings. (6) No information furnished or document produced (including any copy of or extract made from any document produced) by any person in pursuance of a request made under this Schedule, and no document seized under subsection (3) 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 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 Liberia 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. 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 or recklessly furnishes or produces any information, explanation or document which is false in a material particular to any person exercising his powers under this Schedule; (c) intentionally obstructs any person in the exercise of his powers under this Schedule; or (d) with intent to evade this Schedule, destroys, mutilates, defaces, secretes or removes any document or article, commits an offence.