TNAG-2029-FCO40-2891-Hong-Kong-freezing-of-Kuwaiti-and-Iraqi-assets-1990 — Page 139

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person (or any person acting under the authority of any such person) in the exercise of his powers under this Article.

(7) Nothing in this Article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to aircraft.

Restrictions on Ships

5. -(1) Except with the permission of the Secretary of State granted under this paragraph no ship registered in Iraq shall enter any port in the United Kingdom or any other place to which this Order extends, except where entry is required by reason of stress of weather or other force majeure.

(2) Every harbour master shall give all such directions as may be necessary to prohibit any ship registered in Iraq From entering the harbour for which he is harbour master, except where entry is required by reason of stress of weather or other force majeure or a permission has been granted under paragraph (1) of this Article.

(3) If any ship registered in Iraq enters a port in the Jnited Kingdom or any other place to which this order extends, in contravention of the provisions of this Article then both the master and the owner of that ship shall be Juilty of an offence against this Order.

(4) Where a ship registered in Iraq enters a harbour within the United Kingdom or the approaches to such a habour iny authorised officer, that is to say, any such officer as is referred to in section 692(1) of the Merchant Shipping Act 1894 (a)-

(a) may if he is satisfied that the ship is being used or has been used for the carriage of any goods, if those goods are being or have been exported from Iraq or Kuwait after 6th August 1990, or for the carriage of goods if the carriage, is or forms part of, carriage from any place outside Iraq or Kuwait to any destination therein, or to any person for the purposes of any business carried on in or operated from Iraq and Kuwait, detain the ship and keep the same in detention for as long as this order remains in force, and (b) may Lindent

recover any costs or expenses incurred in or in

connection with the detention to the ship or the keeping

of the same in detention, including without prejudice

to the generality of the above, costs of repatriation of the crew, and those costs or expenses shall be recoverable as a debt due from the owner of the ship.

(a)

CLAAY

1894 c.60

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