TNAG-2029-FCO40-2891-Hong-Kong-freezing-of-Kuwaiti-and-Iraqi-assets-1990 — Page 140

Penalties and proceedings

6.-(1) Any person guilty of an offence against this order shall be liable-

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

or

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(c) on conviction in the Bailiwick of Jersey to

imprisonment for a term not exceeding two years or to a fine or to both.

(2) Where any body corporate is guilty of an offence against this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director,

the body manager, secretary or other similar officer of corporate of any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Summary proceedings for an offence against this Order, being an offence alleged to have been committed outside the United Kingdom, may be commenced at any time not later than twelve months from the date on which the person charged first enters the United Kingdom after committing the offence.

(4) Proceedings against any person for an offence against this Order may be taken before the appropriate court in the United Kingdom or in any place to which this Order extends, having jurisdiction in the place where that person is for the time being.

{

(5) No proceedings for an offence against this Order shall be instituted in England, Wales, Northern Ireland or in the Isle of Man, or in the Bailiwick of Jersey except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland or the Isle of Man or the Bailiwick of Jersey;

Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of

an offence, or the remand in any person in respect of such custody or on bail of any person charged with such an

KCLAAY