TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 14

citizen, a British subject, or a British protected person, and is ordinarily resident in the Territory; or

(b) is a body incorporated or constituted under the law of the Territory.

Offences in connection with applications for licences, conditions attaching to licences, etc.

14.—(1) If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.

(2) Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:

Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.

Obtaining of evidence and information

15. The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Governor of evidence and information for the purpose of securing compliance with or detecting evasion of this Order or detecting violation of the United Nations resolutions and in order to facilitate the obtaining, by or on behalf of the Governor, of evidence of the commission of an offence under this Order or,

with respect to any of the matters regulated by this Order, of an offence relating to customs.

Penalties and Proceedings

16.—(1) Any person guilty of an offence under article 11 or 12 shall be liable:

(a) on conviction on indictment to imprisonment for a term not exceeding seven

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 £5,000 or its equivalent or to both.

(2) Any person guilty of an offence under article 3(10)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable-

(a) on conviction on indictment to imprisonment for a term not exceeding two years

or a fine or both;

(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.

(3) Any person guilty of an offence under article 4(3) or (4), 5(2), 6(3), or 14(1) or (2) shall be liable:

(a) on conviction on indictment to imprisonment for a term not exceeding two years

or to a fine or to both;

(b) on summary conviction to a fine not exceeding £5,000 or its equivalent.

(4) Any person guilty of an offence under article 3(10)(a), (b)(i) or (c) or paragraph 5(a) or (c) of Schedule 2 to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(5) Where any body corporate is guilty of an offence under 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, manager, secretary or other similar officer of the body corporate or 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.

(6) Summary proceedings for an offence against this Order, being an offence alleged to have been committed outside the Territory, may be commenced at any time not later

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