UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - CHAPTER 537AE UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - LONG TITLE Empowering section VerDate:15/06/2007 (Cap 537, section 3) [15 June 2007] (L.N. 120 of 2007) UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 1 Interpretation VerDate:15/06/2007 PART 1 PRELIMINARY In this Regulation, unless the context otherwise requires— “armoured combat vehicle” (裝甲戰鬥車) means any tracked, semi-tracked or wheeled self-propelled vehicle, with armoured protection and cross-country capability, either— (a) designed and equipped to transport a squad of 4 or more infantrymen; or (b) armed with an integral or organic weapon of at least 12.5 mm calibre or a missile launcher; “attack helicopter” (攻擊直昇機)— (a) means any rotary-wing aircraft designed, equipped or modified to engage targets by employing guided or unguided anti-armour, air-to-surface, air-to-subsurface, or air-to-air weapons and equipped with an integrated fire control and aiming system for those weapons; and (b) includes any version of an aircraft described in paragraph (a) that performs specialized reconnaissance or electronic warfare missions; “authorized officer” (獲授權人員) means— (a) a police officer; (b) a member of the Customs and Excise Service holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); or (c) a public officer employed in the Customs and Excise Department in the Trade Controls Officer Grade; “battle tank” (作戰坦克) means any tracked or wheeled self-propelled armoured fighting vehicle with high cross-country mobility and a high-level of self-protection, weighing at least 16.5 metric tons unladen weight, with a high muzzle velocity direct fire main gun of at least 75 mm calibre; “combat aircraft” (作戰飛機)— (a) means any fixed-wing or variable-geometry wing aircraft, or any primary trainer aircraft, designed, equipped or modified to engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons of destruction; and (b) includes any version of an aircraft described in paragraph (a) that performs specialized electronic warfare, suppression of air defence or reconnaissance missions; “commander” (機長), in relation to an aircraft, means the member of the flight crew designated as the 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; “Commissioner” (關長) means the Commissioner of Customs and Excise, the Deputy Commissioner of Customs and Excise or any Assistant Commissioner of Customs and Excise; “Committee” (委員會) means the Committee of the Security Council established pursuant to paragraph 12 of Resolution 1718; “DPRK” (朝鮮) means the Democratic People's Republic of Korea; “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; “large-calibre artillery system” (大口徑火炮) means any gun, howitzer, artillery piece combining the characteristics of a gun or howitzer, mortar or multiple-launch rocket system, capable of engaging surface targets by delivering primarily indirect fire, with a calibre of 75 mm and above; “licence” (特許) means a licence granted under section 11(1); “luxury goods” (奢侈品) means any item as specified in the Schedule; “master” (船長), in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship; “missile and missile launcher” (導彈及導彈發射器) means— (a) any guided or unguided rocket, ballistic or cruise missile or remotely piloted vehicle capable of delivering a warhead or weapon of destruction to a range of at least 25 km; (b) any means, other than any armoured combat vehicle, attack helicopter, battle tank, combat aircraft, large-calibre artillery system or warship, designed or modified specifically for launching any rocket or missile described in paragraph (a); or (c) any Man-portable Air-Defence Systems (MANPADS), but does not include any ground-to-air missile; “operator” (營運人), in relation to a ship, aircraft or vehicle, means the person for the time being having the management of the ship, aircraft or vehicle; “person connected with the DPRK” (有關連人士) means— (a) the Government of the DPRK; (b) any person in, or resident in, the DPRK; (c) any body incorporated or constituted under the law of the DPRK; (d) any body, wherever incorporated or constituted, which is controlled by the Government mentioned in paragraph (a), a person mentioned in paragraph (b) or a body mentioned in paragraph (c); or (e) any person acting on behalf of the Government mentioned in paragraph (a), a person mentioned in paragraph (b) or a body mentioned in paragraph (c) or (d); “prohibited item” (禁制項目) means— (a) any specified item; or (b) any luxury goods; “relevant entity” (有關實體) means— (a) an entity specified by the Chief Executive as a relevant entity in accordance with section 31; or (b) an entity acting on behalf of, or at the direction of, a person or entity specified by the Chief Executive as a relevant person or relevant entity in accordance with section 31; “relevant person” (有關人士) means— (a) a person specified by the Chief Executive as a relevant person in accordance with section 31; or (b) a person acting on behalf of, or at the direction of, a person or entity specified by the Chief Executive as a relevant person or relevant entity in accordance with section 31; “Resolution 1718” (《第1718號決議》) means Resolution 1718 (2006) adopted by the Security Council on 14 October 2006; “Security Council” (安全理事會) means the Security Council of the United Nations; “ship” (船舶) includes every description of vessel used in navigation not propelled by oars; “specified item” (指明項目) means— (a) any armoured combat vehicle, attack helicopter, battle tank, combat aircraft, large-calibre artillery system, missile and missile launcher, warship, or related material (including any spare part); (b) any item, material, equipment, goods or technology set out in the Security Council document S/2006/814; (c) any item, material, equipment, goods or technology set out in the Security Council document S/2006/815; or (d) any item, material, equipment, goods or technology set out in the Security Council document S/2006/853 as rectified by the Security Council document S/2006/853/Corr.1; “warship” (軍艦) means any vessel or submarine armed and equipped for military use with a standard displacement of 500 metric tons or above, or any vessel or submarine with a standard displacement of less than 500 metric tons, equipped for launching missiles with a range of at least 25 km or torpedoes with similar range. “armoured combat vehicle” (裝甲戰鬥車) “attack helicopter” (攻擊直昇機) “authorized officer” (獲授權人員) “battle tank” (作戰坦克) “combat aircraft” (作戰飛機) “commander” (機長) “Commissioner” (關長) “Committee” (委員會) “DPRK” (朝鮮) “funds” (資金) “large-calibre artillery system” (大口徑火炮) “licence” (特許) “luxury goods” (奢侈品) “master” (船長) “missile and missile launcher” (導彈及導彈發射器) “operator” (營運人) “person connected with the DPRK” (有關連人士) “prohibited item” (禁制項目) “relevant entity” (有關實體) “relevant person” (有關人士) “Resolution 1718” (《第1718號決議》) “Security Council” (安全理事會) “ship” (船舶) “specified item” (指明項目) “warship” (軍艦) UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 2 Prohibition against supply, delivery or transfer of certain items to DPRK VerDate:15/06/2007 PART 2 PROHIBITIONS Supply, delivery or transfer of items (1) A person shall not supply, deliver or transfer, or agree to supply, deliver or transfer, or do any act likely to promote the supply, delivery or transfer of, any prohibited item— (a) to the DPRK; (b) to, or to the order of, a person connected with the DPRK; or (c) to a destination or person for the purpose of delivery or transfer, directly or indirectly, to the DPRK or to, or to the order of, a person connected with the DPRK. (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; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the item concerned was a prohibited item; or (b) that the item concerned was to be supplied, delivered or transferred— (i) to the DPRK; (ii) to, or to the order of, a person connected with the DPRK; or (iii) to a destination or person for the purpose of delivery or transfer, directly or indirectly, to the DPRK or to, or to the order of, a person connected with the DPRK. (4) This section applies to— (a) a person in 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. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 3 Prohibition against carriage of certain items to DPRK VerDate:15/06/2007 Carriage of items (1) This section applies 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) in 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 in the HKSAR. (2) Without prejudice to the generality of section 2, a ship, aircraft or vehicle shall not be used for the carriage of any prohibited item if the carriage is, or forms part of, carriage— (a) from a place outside the DPRK to a place in the DPRK; (b) to, or to the order of, a person connected with the DPRK; or (c) to a destination for the purpose of delivery, directly or indirectly, to the DPRK or to, or to the order of, a person connected with the DPRK. (3) If a ship, aircraft or vehicle is used in contravention of subsection (2), each specified person commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 7 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (4) In any proceedings for an offence under subsection (3), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the item concerned was a prohibited item; or (b) that the carriage of the item concerned was, or formed part of, carriage— (i) from a place outside the DPRK to a place in the DPRK; (ii) to, or to the order of, a person connected with the DPRK; or (iii) to a destination for the purpose of delivery, directly or indirectly, to the DPRK or to, or to the order of, a person connected with the DPRK. (5) In this section, “specified person” (指明人士) means— (a) in relation to a ship registered in the HKSAR, the charterer, operator or master of the ship; (b) in relation to any other ship— (i) the charterer of the ship; (ii) the operator of the ship, if the operator is in the HKSAR, or is both a Hong Kong permanent resident and a Chinese national, or is a body incorporated or constituted under the law of the HKSAR; or (iii) the master of the ship, if the master is in the HKSAR or is both a Hong Kong permanent resident and a Chinese national; (c) in relation to an aircraft registered in the HKSAR, the charterer, operator or commander of the aircraft; (d) in relation to any other aircraft— (i) the charterer of the aircraft; (ii) the operator of the aircraft, if the operator is in the HKSAR, or is both a Hong Kong permanent resident and a Chinese national, or is a body incorporated or constituted under the law of the HKSAR; or (iii) the commander of the aircraft, if the commander is in the HKSAR or is both a Hong Kong permanent resident and a Chinese national; or (e) in relation to a vehicle, the operator or driver of the vehicle. “specified person” (指明人士) UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 4 Prohibition against procurement of certain items from DPRK by certain persons VerDate:15/06/2007 Procurement of items (1) A person shall not procure, agree to procure, or do any act likely to promote the procurement of any specified item— (a) from the DPRK; or (b) from a person connected with the DPRK. (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; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the item concerned was a specified item; or (b) that the item concerned was— (i) from the DPRK; or (ii) from a person connected with the DPRK. (4) This section applies to— (a) a person in 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. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 5 Prohibition against procurement of certain items using ships, aircraft or vehicles VerDate:15/06/2007 (1) This section applies 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) in 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 in the HKSAR. (2) Without prejudice to section 4, a ship, aircraft or vehicle shall not be used for or in connection with the procurement of any specified item— (a) from the DPRK; or (b) from a person connected with the DPRK. (3) If a ship, aircraft or vehicle is used in contravention of subsection (2), each specified person commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 7 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (4) In any proceedings for an offence under subsection (3), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the item concerned was a specified item; or (b) that the item concerned was— (i) from the DPRK; or (ii) from a person connected with the DPRK. (5) In this section, “specified person” (指明人士) means— (a) in relation to a ship registered in the HKSAR, the charterer, operator or master of the ship; (b) in relation to any other ship— (i) the charterer of the ship; (ii) the operator of the ship, if the operator is in the HKSAR, or is both a Hong Kong permanent resident and a Chinese national, or is a body incorporated or constituted under the law of the HKSAR; or (iii) the master of the ship, if the master is in the HKSAR or is both a Hong Kong permanent resident and a Chinese national; (c) in relation to an aircraft registered in the HKSAR, the charterer, operator or commander of the aircraft; (d) in relation to any other aircraft— (i) the charterer of the aircraft; (ii) the operator of the aircraft, if the operator is in the HKSAR, or is both a Hong Kong permanent resident and a Chinese national, or is a body incorporated or constituted under the law of the HKSAR; or (iii) the commander of the aircraft, if the commander is in the HKSAR or is both a Hong Kong permanent resident and a Chinese national; or (e) in relation to a vehicle, the operator or driver of the vehicle. “specified person” (指明人士) UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 6 Prohibition against provision of certain training, services, assistance or advice to certain persons VerDate:15/06/2007 Provision of training, services, assistance or advice (1) A person shall not provide to a person connected with the DPRK any technical training, service, assistance or advice related to the provision, manufacture, maintenance or use of any specified item. (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; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the training, service, assistance or advice concerned related to the provision, manufacture, maintenance or use of any specified item; or (b) that the training, service, assistance or advice concerned was to be provided to a person connected with the DPRK. (4) This section applies to— (a) a person in 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. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 7 Prohibition against acceptance of certain training, services, assistance or advice provided by certain persons VerDate:15/06/2007 (1) A person shall not accept any technical training, service, assistance or advice related to the provision, manufacture, maintenance or use of any specified item and provided by a specified person. (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; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe— (a) that the training, service, assistance or advice concerned related to the provision, manufacture, maintenance or use of any specified item; (b) that the training, service, assistance or advice concerned was to be provided by a specified person. (4) In this section, “specified person” (指明人士) means— (a) a person connected with the DPRK; or (b) a national of the DPRK who is in a place outside the DPRK. (5) This section applies to— (a) a person in 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. “specified person” (指明人士) UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 8 Prohibition against making available funds, etc. to certain persons or entities VerDate:15/06/2007 Making available funds, etc. to certain persons or entities (1) Except under the authority of a licence, a person shall not make available any funds or other financial assets or economic resources to or for the benefit of a relevant person or a relevant entity. (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; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (3) In any proceedings for an offence under subsection (2), it is a defence for a person charged to prove that he did not know and had no reason to believe that the funds or other financial assets or economic resources concerned were to be made available to or for the benefit of a relevant person or a relevant entity. (4) This section applies to— (a) a person in 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. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 9 Prohibition against entry or transit by certain persons VerDate:15/06/2007 Entry into or transit through HKSAR (1) Subject to the exception in section 10, a specified person shall not enter or transit through the HKSAR. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 2 years. (3) This section shall not prohibit a person having the right of abode or the right to land in the HKSAR from entry into the HKSAR. (4) In this section, “specified person” (指明人士) means a person designated by the Committee or the Security Council pursuant to paragraph 8(e) of Resolution 1718. “specified person” (指明人士) UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 10 Exception to prohibition against entry or transit by certain persons VerDate:15/06/2007 Section 9 shall not apply if— (a) the Committee determines on a case-by-case basis that the relevant entry into or transit through the HKSAR is justified on the grounds of humanitarian need, including religious obligations; or (b) the Committee concludes that the relevant entry into or transit through the HKSAR would otherwise further the objectives of Resolution 1718. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 11 Licence for making available funds, etc. to certain persons or entities VerDate:15/06/2007 PART 3 LICENCE (1) If it is proved to the satisfaction of the Chief Executive that any one of the requirements in subsection (2) is met, the Chief Executive shall, on application, grant a licence for making available funds or other financial assets or economic resources to or for the benefit of a relevant person or a relevant entity. (2) The requirements referred to in subsection (1) are as follows— (a) the funds or other financial assets or economic resources have been determined by the Chief Executive to be— (i) necessary for basic expenses, including payment for foodstuffs, rents, mortgages, medicines and medical treatments, taxes, insurance premiums, and public utility charges; or (ii) exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services, and the Committee has been notified by the Chief Executive of the intention to authorize, where appropriate, access to such funds or other financial assets or economic resources, and the Committee has not made a negative decision within 5 working days of such notification; (b) the funds or other financial assets or economic resources have been determined by the Chief Executive to be necessary for extraordinary expenses, and the Committee has been notified by the Chief Executive of the determination, and the Committee has approved the determination; (c) the funds or other financial assets or economic resources have been determined by the Chief Executive to be the subject of a judicial, administrative or arbitral lien or judgment, and the lien or judgment— (i) was entered prior to 14 October 2006; (ii) is not for the benefit of a relevant person or a relevant entity or an individual or entity identified by the Committee or the Security Council; and (iii) has been notified by the Chief Executive to the Committee. (3) A licence granted by the Chief Executive under subsection (1), on his being satisfied that the requirements in subsection (2)(c) are met, shall only authorize that the funds or other financial assets or economic resources be used to satisfy the relevant lien or judgment. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 12 Provision of false information or documents for purpose of obtaining licences VerDate:15/06/2007 (1) If, for the purpose of obtaining a licence, a person makes any statement or provides or produces any information or document that he knows to be false in a material particular, the person commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. (2) If, for the purpose of obtaining a licence, a person recklessly makes any statement or provides or produces any information or document that is false in a material particular, the person commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 13 Licence or permission granted by authorities of places outside HKSAR VerDate:15/06/2007 PART 4 THINGS DONE OUTSIDE HKSAR (1) If the circumstances described in subsection (2) apply, a provision of this Regulation which prohibits the doing of a thing except under the authority of a licence shall not have effect in relation to any such thing done in a place outside the HKSAR by— (a) a person who is ordinarily resident in that place; or (b) a body corporate incorporated or constituted under the law of that place. (2) For the purposes of subsection (1), the circumstances are that the thing is done under the authority of a licence or with permission granted, in accordance with any law in force in that place outside the HKSAR (being a law substantially corresponding to the relevant provision of this Regulation), by the authority competent in that behalf under that law. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 14 Investigation of suspected ships VerDate:15/06/2007 PART 5 ENFORCEMENT OF REGULATION Investigation, etc. of suspected ships (1) If an authorized officer has reason to suspect that a ship to which section 3 or 5 applies has been, is being or is about to be used in contravention of section 3(2) or 5(2), he may— (a) either alone or accompanied and assisted by any person acting 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 charterer, operator or master of the ship to provide such information relating to the ship and its cargo, and produce for his inspection such documents so relating and such cargo carried on it, 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 3(2) or 5(2), he may (either there and then or on consideration of any information provided or document or cargo produced in response to a request made under subsection (1)(b)), with a view to preventing the commission, or the continued commission, of such a contravention or in order that enquiries may be pursued, do one or more of the following— (a) direct the charterer, operator or master of the ship 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; (b) request the charterer, operator or master of the ship to take one or more of the following steps— (i) to cause the ship, including any of its cargo, not to proceed with the voyage on which the ship is then engaged or about to be engaged until the charterer, operator or master 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 charterer, operator or master 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 an authorized officer, and to cause the ship and its cargo to remain in that place until the charterer, operator or master 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 an authorized officer in agreement with the charterer, operator or master. (3) A power conferred by this section to request the provision of any information or the production of any document or cargo for inspection includes a power to— (a) specify whether the information should be provided orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be provided or the document or cargo should be produced for inspection. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 15 Offences by charterer, operator or master of ship VerDate:15/06/2007 (1) If a charterer, operator or master of a ship disobeys any direction given under section 14(2)(a), or, without reasonable excuse, refuses or fails to comply with a request made under section 14(1)(b) or (2)(b) within the time specified by an authorized officer or, if no time is specified, within a reasonable time, the charterer, operator or master commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (2) If a charterer, operator or master of a ship, in response to a request made under section 14(1)(b) or (2)(b), provides or produces to an authorized officer any information, explanation or document that he knows to be false in a material particular, or recklessly provides or produces to an authorized officer any information, explanation or document that is false in a material particular, the charterer, operator or master commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 16 Power of authorized officers to enter and detain ships VerDate:15/06/2007 (1) Without prejudice to section 15, if an authorized officer has reason to suspect that a request that has been made under section 14(2)(b) 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 the entry on, any land and the ship concerned; (b) detain, or authorize the detention of, that ship and any of its cargo; and (c) use, or authorize the use of, reasonable force. (2) Subject to subsection (3), subsection (1) does not authorize the detention of any ship for more than 12 hours. (3) The Chief Secretary for Administration may, by order in writing signed by him, authorize the detention of a ship referred to in subsection (1) for further periods of not more than 12 hours each, and any such order shall state the times from which and for which the order shall be effective. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 17 Investigation of suspected aircraft VerDate:15/06/2007 Investigation, etc. of suspected aircraft (1) If an authorized officer has reason to suspect that an aircraft to which section 3 or 5 applies has been, is being or is about to be used in contravention of section 3(2) or 5(2), he may— (a) either alone or accompanied and assisted by any person acting 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 provide such information relating to the aircraft and its cargo, and produce for his inspection such documents so relating and such cargo carried on it, as he may specify. (2) If the aircraft referred to in subsection (1) is in the HKSAR, an authorized officer may (either there and then or on consideration of any information provided or document or cargo produced in response to 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) A power conferred by this section to request the provision of any information or the production of any document or cargo for inspection includes a power to— (a) specify whether the information should be provided orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be provided or the document or cargo should be produced for inspection. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 18 Offences by charterer, operator or commander of aircraft VerDate:15/06/2007 (1) If a charterer, operator or commander of an aircraft, without reasonable excuse, refuses or fails to comply with a request made under section 17(1)(b) or (2) within the time specified by an authorized officer or, if no time is specified, 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. (2) If a charterer, operator or commander of an aircraft, in response to a request made under section 17(1)(b) or (2), provides or produces to an authorized officer any information, explanation or document that he knows to be false in a material particular, or recklessly provides or produces to an authorized officer any information, explanation or document that is false in a material particular, 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. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 19 Power of authorized officers to enter and detain aircraft VerDate:15/06/2007 (1) Without prejudice to section 18, if an authorized officer has reason to suspect that a request that has been made under section 17(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 the entry on, any land and the aircraft concerned; (b) detain, or authorize the detention of, that aircraft and any of its cargo; and (c) use, or authorize the use of, reasonable force. (2) Subject to subsection (3), subsection (1) does not authorize the detention of any aircraft for more than 6 hours. (3) The Chief Secretary for Administration may, by order in writing signed by him, authorize the detention of an aircraft referred to in subsection (1) for further periods of not more than 6 hours each, and any such order shall state the times from which and for which the order shall be effective. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 20 Investigation of suspected vehicles VerDate:15/06/2007 Investigation, etc. of suspected vehicles (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 3(2) or 5(2), he may— (a) either alone or accompanied and assisted by any person acting 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 or driver of the vehicle to provide such information relating to the vehicle and any article carried on it, and produce for his inspection such documents so relating and such articles carried on it, as he may specify; and (c) (either there and then or on consideration of any information provided or document or article produced in response to a request made under paragraph (b)) further request the operator or driver to take the vehicle and any article carried on it to such place as is specified by an authorized officer, and to cause the vehicle and the article to remain in that place until the operator or driver is notified by an authorized officer that the vehicle and the article may depart. (2) A power conferred by this section to request the provision of any information or the production of any document or article for inspection includes a power to— (a) specify whether the information should be provided orally or in writing and in what form; and (b) specify the time by which and the place in which the information should be provided or the document or article should be produced for inspection. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 21 Offences by operator or driver of vehicle VerDate:15/06/2007 (1) If an operator or driver of a vehicle, without reasonable excuse, refuses or fails to comply with a request made under section 20(1)(b) or (c) within the time specified by an authorized officer or, if no time is specified, within a reasonable time, the operator or driver commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (2) If an operator or driver of a vehicle, in response to a request made under section 20(1)(b) or (c), provides or produces to an authorized officer any information, explanation or document that he knows to be false in a material particular, or recklessly provides or produces to an authorized officer any information, explanation or document that is false in a material particular, the operator or driver commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 22 Power of authorized officers to enter and detain vehicles VerDate:15/06/2007 (1) Without prejudice to section 21, if an authorized officer has reason to suspect that a request that has been made under section 20(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 the entry on, any land and enter, or authorize the entry into, the vehicle concerned; (b) detain, or authorize the detention of, that vehicle and any article carried on it; and (c) use, or authorize the use of, reasonable force. (2) Subject to subsection (3), subsection (1) does not authorize the detention of any vehicle for more than 12 hours. (3) The Commissioner may, by order in writing signed by him, authorize the detention of a vehicle referred to in subsection (1) for further periods of not more than 12 hours each, and any such order shall state the times from which and for which the order shall be effective. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 23 Production of proof of identity VerDate:15/06/2007 Proof of identity Before or on exercising a power conferred by section 14, 16, 17, 19, 20 or 22, an authorized officer shall, if requested so to do, produce evidence of his identity. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 24 Power of magistrate or judge to grant warrant VerDate:15/06/2007 PART 6 EVIDENCE (1) A magistrate or judge may grant a warrant if he is satisfied by information on oath given by an authorized officer that there are reasonable grounds for suspecting that— (a) an offence under this Regulation has been committed or is being committed; and (b) there is on any premises specified in the information, or on any ship, aircraft or vehicle so specified, evidence in relation to the commission of the offence. (2) A warrant granted under subsection (1) may authorize any authorized officer, together with any other person named in the warrant, to enter the premises, ship, aircraft or vehicle specified in the information or any premises on which the ship, aircraft or vehicle so specified may be, at any time within one month from the date of the warrant, and to search the premises, ship, aircraft or vehicle. (3) A person authorized by a warrant to search any premises, ship, aircraft or vehicle may exercise any or all of the following powers— (a) to search any person who is found on, or whom he has reasonable grounds to believe to have recently left or to be about to enter, the premises, ship, aircraft or vehicle; (b) to seize and detain any document or article found on the premises, ship, aircraft or vehicle or on such person that he has reasonable grounds to believe to be evidence in relation to the commission of an offence under this Regulation; (c) to take in relation to any such document or article any other steps that may appear necessary for preserving the document or article seized and preventing interference with it. (4) A person may only be searched under this section by a person who is of the same sex. (5) If a person is empowered under this section to enter any premises, ship, aircraft or vehicle, he may use such force as is reasonably necessary for that purpose. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 25 Detention of documents or articles seized VerDate:15/06/2007 (1) Subject to subsection (2), any document or article seized under section 24(3) may not be detained for a period of more than 3 months. (2) If the document or article is relevant to an offence under this Regulation, and proceedings for the offence have begun, the document or article may be detained until the completion of those proceedings. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 26 Disclosure of information or documents VerDate:15/06/2007 PART 7 DISCLOSURE OF INFORMATION OR DOCUMENTS (1) Any information or document provided, produced or seized in pursuance of this Regulation may be disclosed only if— (a) the person who provided or produced the information or 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 provided 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 purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to the DPRK decided on by the Security Council; 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. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 27 Liability of person other than principal offender VerDate:15/06/2007 PART 8 OTHER OFFENCES AND MISCELLANEOUS MATTERS (1) Where the person convicted of an offence under this Regulation is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, the director, manager, secretary or other similar officer is guilty of the like offence. (2) Where the person convicted of an offence under this Regulation is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm is guilty of the like offence. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 28 Offences in relation to obstruction of authorized persons, etc. VerDate:15/06/2007 A person who obstructs another person (including a person acting under the authority of an authorized officer) in the exercise of his powers under this Regulation commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 29 Offences in relation to evasion of this Regulation VerDate:15/06/2007 A person who destroys, mutilates, defaces, secretes or removes any document or article with intent to evade any of the provisions of this Regulation commits an offence and is liable— (a) on conviction on indictment to a fine and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 30 Proceedings to be instituted VerDate:15/06/2007 (1) Proceedings for an offence under this Regulation may only be instituted by or with the consent of the Secretary for Justice. (2) 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 the alleged commission of the offence. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 31 Specification of relevant person or relevant entity by Chief Executive VerDate:15/06/2007 The Chief Executive may, by notice published in the Gazette, specify a person or an entity designated by the Committee or the Security Council pursuant to paragraph 8(d) of Resolution 1718 as a relevant person or a relevant entity. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 32 Access to Security Council document S/2006/814, etc. VerDate:15/06/2007 The Director-General of Trade and Industry is to make available at his office, for inspection by the public during normal office hours, free of charge, an English version and a Chinese version of each of the following documents— (a) the Security Council document S/2006/814; (b) the Security Council document S/2006/815; (c) the Security Council document S/2006/853; (d) the Security Council document S/2006/853/Corr.1. UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SECT 33 Exercise of powers of Chief Executive VerDate:15/06/2007 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 (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) REGULATION - SCHEDULE SCHEDULE VerDate:15/06/2007 [section 1] LUXURY GOODS