Contents of Section

Chapter:

537W PDFTitle:UNITED NATIONS SANCTIONS (SUDAN) REGULATIONGazette Number:L.N. 124 of 2005
Section:5Heading:Offences in respect of carriage of certain goods to persons connected with SudanVersion Date: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)