Prohibition against provision of certain training, services or assistance*
Version Date:
25/03/2011
(Cross-heading repealed L.N. 49 of 2011)
(1) This section applies toˇX
(a) a person acting in the HKSAR; and
(b) a person acting outside the HKSAR who isˇX
(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. 49 of 2011)
(1A) Except under the authority of a licence granted under section 10(1), a person must not provide, directly or indirectly, any technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, provision, manufacture, maintenance or use of any regulated prohibited itemˇX
(a) to Iran;
(b) to, or to the order of, a person connected with Iran; or
(c) to a destination or person for the purpose of provision, directly or indirectly, to Iran or to, or to the order of, a person connected with Iran. (L.N. 49 of 2011)
(2) (Repealed L.N. 49 of 2011)
(3) A person who contravenes subsection (1A) commits an offence and is liableˇX (L.N. 49 of 2011)
(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(4) (Repealed L.N. 49 of 2011)
(5) It is a defence for a person charged with an offence under subsection (3) to prove that the person did not know and had no reason to believeˇX
(a) that the technical training, financial resources or services, advice, other services or assistance concerned were or were to be providedˇX
(i) to Iran;
(ii) to, or to the order of, a person connected with Iran; or
(iii) to a destination or person for the purpose of provision, directly or indirectly, to Iran or to, or to the order of, a person connected with Iran; or
(b) that the technical training, financial resources or services, advice, other services or assistance concerned related to the supply, sale, transfer, provision, manufacture, maintenance or use of the regulated prohibited item concerned. (L.N. 49 of 2011)
(6)-(7) (Repealed L.N. 49 of 2011)
_________________________________________________________ Note: *(Replaced L.N. 49 of 2011)