(3) Where a person has under paragraph (1) or (2) of this article requested a hearing the procedure shall be as set out in Schedule 3 to this Order.
(4) An order of forfeiture shall come into effect on the later of-
(a) the expiration of 21 days after it is made, or
(b) in a case where proceedings under paragraph (5)(a) of this article have been
instituted, if and when those proceedings are dismissed.
(5) (a) Before the expiration of the period of 21 days referred to in paragraph (4) of this article, the owner of the ship, goods vehicle, or cargo and the owner or operator of the aircraft may institute proceedings against the Governor to set aside the order of forfeiture on the grounds that the conditions for forfeiture set out in this Order have not been met.
(b) Such proceedings shall be civil proceedings.
(6) For the purposes of this article proceedings shall be regarded as instituted when the writ or other originating process by which the proceedings are initiated is issued.
Prohibition on the provision of services
11.~(1) Except under the authority of a licence granted by the Governor under this article, no person shall provide any services to any person or body for the purposes of any business carried on in Serbia or Montenegro.
(2) For the purposes of this article “services” shall not include (a) telecommunications services; or (b) postal services.
(3) Any person who contravenes the provisions of this article shall be guilty of an offence under this Order.
(4) In the case of proceedings for an offence in contravention of this article it shall be a defence for the accused person to prove that he did not know and had no reason to believe that the services in question were to be provided for the purposes of any business carried on in Serbia or Montenegro.
Prohibition on entering territorial sea of Montenegro
12. (1) Except under the authority of a licence granted by the Governor under this article no ship to which this article applies shall enter the territorial sea of Montenegro. (2) The owner, operator and master of such a ship which enters such waters shall each be guilty of an offence under this Order.
(3) This article applies to any ship which is-
(a) (i) registered in the Territory; or
(ii) not registered in any country but is majority owned by a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person, who is ordinarily resident in the Terri- tory, or a body corporate incorporated in the Territory; and
(b) is being used for commercial purposes.
(4) In the case of proceedings for an offence under this article it shall be a defence for the accused person to prove-
(a) that he did not know and could not reasonably have known that the ship was
entering the territorial sea of Montenegro; or
(b) that the ship only entered such waters by reason of stress of weather or other case
of force majeure.
Application of Articles 11 and 14
13. The provisions of articles 11 and 14 shall apply to any person within the Territory and to any person elsewhere who:
(a) is a British citizen, a British Dependent Territories citizen, a British Overseas
10
No comments yet.
Private notes are available after approval.