UNITED NATIONS SANCTIONS (SUDAN) REGULATION - CHAPTER 537W UNITED NATIONS SANCTIONS (SUDAN) REGULATION - LONG TITLE Empowering section VerDate:01/04/2005 (Cap 537, section 3) [1 April 2005] (L.N. 45 of 2005) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 1 Interpretation VerDate:08/07/2005 PART 1 PRELIMINARY In this Regulation, unless the context otherwise requires- "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; "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 of the United Nations established pursuant to paragraph 3(a) of Resolution 1591; (L.N. 124 of 2005) "Comprehensive Peace Agreement" (《全面和平協定》) means the agreement known as the Comprehensive Peace Agreement, signed in Nairobi, Kenya on 9 January 2005 by the Government of Sudan and the Sudan People's Liberation Movement/Army; (L.N. 124 of 2005) "Darfur" (達爾富爾) means the states of North Darfur, South Darfur and West Darfur of Sudan; "funds" (資金) includes— (a) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; (b) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (c) securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); (d) interest, dividends or other income on or value accruing from or generated by property; (e) credit, rights of set-off, guarantees, performance bonds or other financial commitments; (f) letters of credit, bills of lading and bills of sale; and (g) documents evidencing an interest in funds or financial resources, and any other instrument of export financing; (L.N. 124 of 2005) "licence" (特許) means a licence granted under section 7(1)(a) or (b), 8(1) or 8A(1); (L.N. 124 of 2005) "master" (船長), in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship; "N'djamena Ceasefire Agreement" (《恩賈梅納停火協定》) means the agreement known as the N'djamena Ceasefire Agreement, signed in N'djamena on 8 April 2004 by the Government of Sudan, the Sudan Liberation Movement/Army and the Justice and Equality Movement; (L.N. 124 of 2005) "operator" (營運人), in relation to an aircraft or a vehicle, means the person for the time being having the management of the aircraft or the 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 Sudan" (有關連人士) means— (a) any non-governmental entity or individual, including the Janjaweed, operating in Darfur; (b) all the parties to the N’djamena Ceasefire Agreement; or (c) any other belligerents in Darfur; (L.N. 124 of 2005) "prohibited goods" (禁制物品) means any goods specified in the Schedule; "relevant entity" (有關實體) means an entity specified by the Chief Executive as a relevant entity in accordance with section 23A; (L.N. 124 of 2005) "relevant person" (有關人士) means a person specified by the Chief Executive as a relevant person in accordance with section 23A; (L.N. 124 of 2005) "Resolution 1556" (《第1556號決議》) means Resolution 1556 (2004) adopted by the Security Council of the United Nations on 30 July 2004; (L.N. 124 of 2005) "Resolution 1591" (《第1591號決議》) means Resolution 1591 (2005) adopted by the Security Council of the United Nations on 29 March 2005; (L.N. 124 of 2005) "ship" (船舶) includes every description of vessel used in navigation not propelled by oars. (L.N. 124 of 2005) "authorized officer" (獲授權人員) "commander" (機長) "Commissioner" (關長) "Committee" (委員會) "Comprehensive Peace Agreement" (《全面和平協定》) "Darfur" (達爾富爾) "funds" (資金) "licence" (特許) "master" (船長) "N'djamena Ceasefire Agreement" (《恩賈梅納停火協定》) "operator" (營運人) "owner" (擁有人) "person connected with Sudan" (有關連人士) "prohibited goods" (禁制物品) "relevant entity" (有關實體) "relevant person" (有關人士) "Resolution 1556" (《第1556號決議》) "Resolution 1591" (《第1591號決議》) "ship" (船舶) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 2 Prohibition against supply and delivery of certain goods to persons connected with Sudan VerDate:08/07/2005 PART 2 PROHIBITIONS Supply and delivery of goods (1) Except under the authority of a licence granted under section 7(1)(a), a person shall not supply or deliver, agree to supply or deliver, or do any act likely to promote the supply or delivery of, any prohibited goods- (a) to, or to the order of, a person connected with Sudan; or (b) to a destination for the purpose of delivery, directly or indirectly, to, or to the order of, a person connected with Sudan. (L.N. 124 of 2005) (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 in relation to a contravention of subsection (1), it is a defence for a person charged to prove that he did not know and had no reason to believe- (a) that the goods concerned were prohibited goods; or (b) that the goods concerned were to be supplied or delivered- (i) to, or to the order of, a person connected with Sudan; or (ii) to a destination for the purpose of delivery, directly or indirectly, to, or to the order of, a person connected with Sudan. (L.N. 124 of 2005) (4) This section applies to- (a) a person within the HKSAR; and (b) a person acting elsewhere who is- (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 3 Application of sections 4 and 5 VerDate:01/04/2005 Carriage of goods Sections 4 and 5 apply to- (a) a ship that is registered in the HKSAR; (b) an aircraft that is registered in the HKSAR; (c) any other ship or aircraft that is for the time being chartered to a person who is- (i) within the HKSAR; (ii) both a Hong Kong permanent resident and a Chinese national; or (iii) a body incorporated or constituted under the law of the HKSAR; and (d) a vehicle within the HKSAR. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 4 Prohibition against carriage of certain goods to persons connected with Sudan VerDate:08/07/2005 (1) Except under the authority of a licence granted under section 7(1)(b), and without prejudice to the generality of section 2, a ship, aircraft or vehicle to which this section and section 5 apply shall not be used for the carriage of any prohibited goods if the carriage is, or forms part of, carriage- (a) to, or to the order of, a person connected with Sudan; or (b) to a destination for the purpose of delivery, directly or indirectly, to, or to the order of, a person connected with Sudan. (L.N. 124 of 2005) (2) Subsection (1) does not apply if- (a) the carriage of the prohibited goods is performed in the course of the supply or delivery of the prohibited goods; and (b) the supply or delivery was authorized by a licence granted under section 7(1)(a). (3) This section does not operate so as to prejudice any other law prohibiting or restricting the use of ships, aircraft or vehicles. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 5 Offences in respect of carriage of certain goods to persons connected with Sudan VerDate:08/07/2005 (1) For the purposes of subsection (2), "specified person" (指明人士), means- (a) in relation to a ship registered in the HKSAR, the owner or master of the ship; (b) in relation to any other ship- (i) the person to whom the ship is for the time being chartered; or (ii) the master of the ship, if the master is within 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 operator or commander of the aircraft; (d) in relation to any other aircraft- (i) the person to whom the aircraft is for the time being chartered; (ii) the operator of the aircraft, if the operator is within the HKSAR, 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 within 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. (2) If a ship, aircraft or vehicle is used in contravention of section 4(1), 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. (3) In any proceedings for an offence in relation to a contravention of section 4(1), it is a defence for a person charged to prove that he did not know and had no reason to believe- (a) that the goods concerned were prohibited goods; or (b) that the carriage of the goods concerned was, or formed part of, carriage- (i) to, or to the order of, a person connected with Sudan; or (ii) to a destination for the purpose of delivery, directly or indirectly, to, or to the order of, a person connected with Sudan. (L.N. 124 of 2005) "specified person" (指明人士) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 6 Prohibition against provision of certain technical assistance or training to persons connected with Sudan VerDate:08/07/2005 Provision of technical assistance or training (1) Except under the authority of a licence granted under section 8(1), a person shall not provide to a person connected with Sudan any technical assistance or training related to the supply, delivery, manufacture, maintenance or use of any prohibited goods. (L.N. 124 of 2005) (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 in relation to a contravention of subsection (1), it is a defence for a person charged to prove that he did not know and had no reason to believe- (a) that the assistance or training concerned was being provided to a person connected with Sudan; or (L.N. 124 of 2005) (b) that the assistance or training concerned related to the supply, delivery, manufacture, maintenance or use of any prohibited goods. (4) This section applies to- (a) a person within the HKSAR; and (b) a person acting elsewhere who is- (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 6A Prohibition against making available funds, etc. to certain persons or entities VerDate:08/07/2005 Making available funds, etc. to certain persons or entities (1) Except under the authority of a licence granted under section 8A(1), 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 within the HKSAR; and (b) a person acting elsewhere who is— (i) both a Hong Kong permanent resident and a Chinese national; or (ii) a body incorporated or constituted under the law of the HKSAR. (L.N. 124 of 2005) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 6B Prohibition against entry or transit by certain persons VerDate:08/07/2005 Entry into or transit through HKSAR (1) Subject to the exception in section 6C, 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, for the purposes of paragraph 3(d) of Resolution 1591, as— (a) a person who impedes the peace process; (b) a person who constitutes a threat to stability in Darfur and the region; (c) a person who commits violations of international humanitarian or human rights law or other atrocities; (d) a person who violates the measures implemented in accordance with paragraphs 7 and 8 of Resolution 1556 and paragraph 7 of Resolution 1591; or (e) a person who is responsible for offensive military flights in or over the Darfur region. (L.N. 124 of 2005) “specified person” (指明人士) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 6C Exception to prohibition against entry or transit by certain persons VerDate:08/07/2005 Section 6B 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 ground of humanitarian need, including religious obligation; or (b) the Committee concludes that the relevant entry into or transit through the HKSAR would further the objectives of the resolutions of the Security Council of the United Nations for the creation of peace and stability in Sudan and the region. (L.N. 124 of 2005) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 7 Licence for supply, delivery or carriage of certain goods VerDate:08/07/2005 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, as appropriate- (a) a licence for the supply or delivery of prohibited goods, or the doing of an act likely to promote the supply or delivery of prohibited goods- (i) to, or to the order of, a person connected with Sudan; or (ii) to a destination for the purpose of delivery, directly or indirectly, to, or to the order of, a person connected with Sudan; or (L.N. 124 of 2005) (b) a licence for the carriage of prohibited goods which is, or forms part of, carriage- (i) to, or to the order of, a person connected with Sudan; or (ii) to a destination for the purpose of delivery, directly or indirectly, to, or to the order of, a person connected with Sudan. (L.N. 124 of 2005) (2) The requirements referred to in subsection (1) are as follows- (a) the prohibited goods are for monitoring, verification or peace support operations, including such operations led by regional organizations, that are authorized by the United Nations or are operating with the consent of the relevant parties; (b) the prohibited goods are non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use; (c) the prohibited goods are protective clothing including flak jackets and military helmets, for the personal use of the personnel of the United Nations, human rights monitors, representatives of the media, humanitarian and development workers and associated personnel; (L.N. 124 of 2005) (d) the prohibited goods are supplied in support of implementation of the Comprehensive Peace Agreement; (L.N. 124 of 2005) (e) the prohibited goods are military equipment and supplies into the Darfur region that are approved in advance by the Committee upon a request by the Government of Sudan. (L.N. 124 of 2005) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 8 Licence for provision of certain technical assistance or training VerDate:08/07/2005 (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 the provision to a person connected with Sudan of technical assistance or training related to the supply, delivery, manufacture, maintenance or use of prohibited goods. (L.N. 124 of 2005) (2) The requirements referred to in subsection (1) are as follows- (a) the technical assistance or training is related to the supply, delivery, manufacture, maintenance or use of prohibited goods which are for monitoring, verification or peace support operations, including such operations led by regional organizations, that are authorized by the United Nations or are operating with the consent of the relevant parties; (b) the technical assistance or training is related to the supply, delivery, manufacture, maintenance or use of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use; (L.N. 124 of 2005) (c) the technical assistance is provided in support of implementation of the Comprehensive Peace Agreement. (L.N. 124 of 2005) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 8A Licence for making available funds, etc. to certain persons or entities VerDate:08/07/2005 (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) necessary for payment of reasonable professional fees and 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 2 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 29 March 2005; (ii) is not for the benefit of a relevant person or a relevant entity; 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. (L.N. 124 of 2005) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 9 Provision of false information or documents for purpose of obtaining licences VerDate:01/04/2005 (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, that 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, that 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 (SUDAN) REGULATION - SECT 10 Licence or permission granted by authorities of places outside HKSAR VerDate:01/04/2005 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 (SUDAN) REGULATION - SECT 11 Investigation of suspected ships VerDate:01/04/2005 PART 5 ENFORCEMENT OF REGULATION Investigation, etc. of suspected ships (1) If an authorized officer has reason to suspect that a ship to which sections 4 and 5 apply has been, is being or is about to be used in contravention of section 4(1), 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 master or charterer 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 4(1), 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 master or charterer 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 master or charterer 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 master or charterer is notified by an authorized officer that the ship and its cargo may so proceed; (ii) (if the ship is in the HKSAR) to cause the ship and any of its cargo to remain in the HKSAR until the master or charterer is notified by an authorized officer that the ship and its cargo may depart; (iii) (if the ship is in any other place) to take the ship and any of its cargo to such port as is specified by an authorized officer, and to cause the ship and its cargo to remain in that place until the master or charterer is notified by an authorized officer that the ship and its cargo may depart; (iv) to take the ship and any of its cargo to such other destination as may be specified by an authorized officer in agreement with the master or charterer. (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 (SUDAN) REGULATION - SECT 12 Offences by master or charterer of ship VerDate:01/04/2005 (1) If a master or charterer of a ship disobeys any direction given under section 11(2)(a), or, without reasonable excuse, refuses or fails to comply with a request made under section 11(1)(b) or (2)(b) within the time specified by an authorized officer or, if no time is specified, within a reasonable time, the master or charterer commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (2) If a master or charterer of a ship, in response to a request made under section 11(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 master or charterer commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 13 Power of authorized officers to enter and detain ships VerDate:01/04/2005 (1) Without prejudice to section 12, if an authorized officer has reason to suspect that a request that has been made under section 11(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 under his hand, 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 (SUDAN) REGULATION - SECT 14 Sections 11, 12 and 13 not to prejudice other laws VerDate:01/04/2005 Sections 11, 12 and 13 do not operate so as to prejudice any other law conferring powers or imposing restrictions or enabling restrictions to be imposed in respect of a ship. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 15 Investigation of suspected aircraft VerDate:01/04/2005 Investigation, etc. of suspected aircraft (1) If an authorized officer has reason to suspect that an aircraft to which sections 4 and 5 apply has been, is being or is about to be used in contravention of section 4(1), 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 (SUDAN) REGULATION - SECT 16 Offences by charterer, operator or commander of aircraft VerDate:01/04/2005 (1) If a charterer, operator or commander of an aircraft, without reasonable excuse, refuses or fails to comply with a request made under section 15(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 15(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 (SUDAN) REGULATION - SECT 17 Power of authorized officers to enter and detain aircraft VerDate:01/04/2005 (1) Without prejudice to section 16, if an authorized officer has reason to suspect that a request that has been made under section 15(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 under his hand, 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 (SUDAN) REGULATION - SECT 18 Sections 15, 16 and 17 not to prejudice other laws VerDate:01/04/2005 Sections 15, 16 and 17 do not operate so as to prejudice any other law conferring powers or imposing restrictions or enabling restrictions to be imposed in respect of an aircraft. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 19 Investigation of suspected vehicles VerDate:01/04/2005 Investigation, etc. of suspected vehicles (1) If an authorized officer has reason to suspect that a vehicle within the HKSAR has been, is being or is about to be used in contravention of section 4(1), 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 (SUDAN) REGULATION - SECT 20 Offences by operator or driver of vehicle VerDate:01/04/2005 (1) If an operator or driver of a vehicle, without reasonable excuse, refuses or fails to comply with a request made under section 19(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 19(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 (SUDAN) REGULATION - SECT 21 Power of authorized officers to enter and detain vehicles VerDate:01/04/2005 (1) Without prejudice to section 20, if an authorized officer has reason to suspect that a request that has been made under section 19(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 under his hand, 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 (SUDAN) REGULATION - SECT 22 Sections 19, 20 and 21 not to prejudice other laws VerDate:01/04/2005 Sections 19, 20 and 21 do not operate so as to prejudice any other law conferring powers or imposing restrictions or enabling restrictions to be imposed in respect of a vehicle. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 23 Exercise of powers of Chief Executive VerDate:01/04/2005 Due to technical constraints, section 23A of this Ordinance is placed after section 23 in the BLIS system. The correct sequence of the sections should be "23A, 23". General 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 (SUDAN) REGULATION - SECT 23A Specification of relevant person or relevant entity by Chief Executive VerDate:08/07/2005 Due to technical constraints, section 23A of this Ordinance is placed after section 23 in the BLIS system. The correct sequence of the sections should be "23A, 23". The Chief Executive may by notice published in the Gazette specify a person or an entity designated by the Committee with respect to the measures set out in paragraph 3(e) of Resolution 1591 as a relevant person or a relevant entity. (L.N. 124 of 2005) UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 24 Production of proof of identity VerDate:01/04/2005 Before or on exercising a power conferred by section 11, 13, 15, 17, 19 or 21, an authorized officer shall, if requested so to do, produce evidence of his identity. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 25 Power of magistrate or judge to grant warrant VerDate:01/04/2005 PART 6 EVIDENCE (1) A magistrate or judge may grant a warrant under this section 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 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 (SUDAN) REGULATION - SECT 26 Detention of documents or articles seized VerDate:01/04/2005 (1) Subject to subsection (2), any document or article seized under section 25(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 (SUDAN) REGULATION - SECT 27 Disclosure of information or documents VerDate:01/04/2005 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 Sudan decided on by the Security Council of the United Nations; or (d) the information or document is disclosed with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Regulation. (2) For the purposes of subsection (1)(a)- (a) a person may not give consent to the disclosure if he has obtained the information or possessed the document only in his capacity as servant or agent of another person; and (b) a person may give consent to the disclosure if he is entitled to the information or to the possession of the document in his own right. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 28 Liability of person other than principal offender VerDate:01/04/2005 PART 8 OTHER OFFENCES AND MISCELLANEOUS MATTERS (1) Where the person convicted of an offence against 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 shall be guilty of the like offence. (2) Where the person convicted of an offence against 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 shall be guilty of the like offence. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SECT 29 Offences in relation to obstruction of authorized persons, etc. VerDate:01/04/2005 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 (SUDAN) REGULATION - SECT 30 Offences in relation to evasion of this Regulation VerDate:01/04/2005 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 (SUDAN) REGULATION - SECT 31 Proceedings to be instituted VerDate:01/04/2005 (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 committing the offence. UNITED NATIONS SANCTIONS (SUDAN) REGULATION - SCHEDULE SCHEDULE VerDate:01/04/2005 [section 2] PROHIBITED GOODS 1. Any arms and related material (including weapons, ammunition, military vehicles, military equipment and paramilitary equipment). 2. Any component for any goods specified in section 1.