Cap 537AF s 5 Prohibition against procurement of certain items using ships, aircraft or vehicles* (UNITED NATIONS SANCTIONS (IRAN) REGULATION; UNITED NATIONS SANCTIONS ORDINANCE)

Contents of Section

Chapter:	537AF	Title:	UNITED NATIONS SANCTIONS (IRAN) REGULATION	Gazette Number:	L.N. 49 of 2011
Section:	5	Heading:	Prohibition against procurement of certain items using ships, aircraft or vehicles*	Version Date:	25/03/2011

(1) This section applies to—

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

(aa) a ship that is not registered in the HKSAR and is within the waters of Hong Kong; (L.N. 49 of 2011)

(b) an aircraft that is registered in the HKSAR;

(ba) an aircraft that is not registered in the HKSAR and is within Hong Kong air space; (L.N. 49 of 2011)

(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 limiting section 4, a ship, aircraft or vehicle must not be used for or in connection with the procurement of any specified item—

(a) from Iran; or

(b) from a person connected with Iran. (L.N. 49 of 2011)

(2A) 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. (L.N. 49 of 2011)

(3) A person who commits an offence under subsection (2A) 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. (L.N. 49 of 2011)

(4) It is a defence for a person charged with an offence under subsection (2A) to prove that the person 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 Iran; or

(ii) from a person connected with Iran. (L.N. 49 of 2011)

(5) (Repealed L.N. 49 of 2011)
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Note:
*(Amended L.N. 49 of 2011)