TNAG-2029-FCO40-2891-Hong-Kong-freezing-of-Kuwaiti-and-Iraqi-assets-1990 — Page 144

any

tiation in Iraq or Kuwait and fails to land at an airport designated by that State in pursuance of a requirement to land then:

(a) in the case of an aircraft registered in the Territory the operator and the commander of the aircraft; and

(b) in the case of any other aircraft, where he is a person referred to in paragraph (1) above, the operator and the commander of the aircraft;

shall be guilty of an offence against this order.

1

4. -(1) In relation to any aircraft required to land at an airfield in the Territory in consequence of Article 2 of this Order or in consequence of a request by a State other than the Territory any person authorised by the Governor may request the chartèrer; the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and any such authorised person may further request the charterer, operator and the commander or any of them to cause the aircraft to remain at that airfield until notified that it may depart; and the charterer, operator and the commander shall comply with any such request.

(2) without prejudice to the provisions of paragraph (6) of this Article, where any person authorised as aforesaid has reason to suspect that any request that an aircraft should remain at an airfield that has been made under paragraph (1) of this Article may not be complied with, that authorised person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:

(a) enter, or authorise entry, upon that aircraft;

(b) detain, or authorise the detention of, that aircraft; and

(c) use,

or authorise the use of, reasonable force.

(3) A person authorised by the Governor to exercise any power for the purposes of paragraphs (1) or (2) of this Article shall, if requested to do so, produce evidence of his authority before exercising that power.

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