Cap 537AW s 3 Prohibition against carriage of certain goods (United Nations Sanctions (Libya) Regulation 2011; UNITED NATIONS SANCTIONS ORDINANCE)

Contents of Section

Chapter:	537AW	Title:	United Nations Sanctions (Libya) Regulation 2011	Gazette Number:	L.N. 114 of 2011
Section:	3	Heading:	Prohibition against carriage of certain goods	Version Date:	30/06/2011

(1) This section applies to—

(a) a ship that is registered in the HKSAR;

(b) a ship that is not registered in the HKSAR and is within the waters of the HKSAR;

(d) an aircraft that is not registered in the HKSAR and is within the HKSAR air space;

(e) 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

(f) a vehicle in the HKSAR.

(2) Without limiting section 2, except under the authority of a licence granted under section 13(1)(b), a ship, aircraft or vehicle must not be used for the carriage of any prohibited goods if the carriage is, or forms part of, a carriage—

(a) from a place outside Libya to a place in Libya;

(b) to, or to the order of, a person connected with Libya; or

(c) to a destination for the purpose of delivery or transfer, directly or indirectly, to Libya or to, or to the order of, a person connected with Libya.

(3) Subsection (2) does not apply if—

(a) the carriage of the prohibited goods is performed in the course of the supply, sale or transfer of the prohibited goods; and

(b) the supply, sale or transfer was authorized by a licence granted under section 13(1)(a).

(4) If a ship, aircraft or vehicle is used in contravention of subsection (2), each of the following persons commits an offence—

(a) in the case of a ship registered in the HKSAR, the charterer, the operator and the master of the ship;

(b) in the case of any other ship—

(i) the charterer of the ship, if the charterer 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;

(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; and

(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 the case of an aircraft registered in the HKSAR, the charterer, the operator and the pilot in command of the aircraft;

(d) in the case of any other aircraft—

(i) the charterer of the aircraft, if the charterer 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;

(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; and

(iii) the pilot in command of the aircraft, if the pilot in command is in the HKSAR or is both a Hong Kong permanent resident and a Chinese national;

(e) in the case of a vehicle, the operator and the driver of the vehicle.

(5) A person who commits an offence under subsection (4) 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.

(6) It is a defence for a person charged with an offence under subsection (4) to prove that the person 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, a carriage—

(i) from a place outside Libya to a place in Libya;

(ii) to, or to the order of, a person connected with Libya; or

(iii) to a destination for the purpose of delivery or transfer, directly or indirectly, to Libya or to, or to the order of, a person connected with Libya.