TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 7

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and its cargo and, for that purpose, may use or authorise the use of reasonable force; and any such authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft and its cargo to remain in the United Kingdom unless and until notified that the aircraft and its cargo may depart, and the charterer, the operator and the commander shall comply with any such request.

(6) Without prejudice to the provisions of paragraph (10) of this article, where any person authorised as aforesaid has reason to suspect that any request that an aircraft should remain in the Territory that has been made under paragraph (5) 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 any land and upon that aircraft;

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

(c) use, or authorise the use of, reasonable force.

(7) A person authorised by the Governor to exercise any power for the purposes of paragraph (3), (4), (5) or (6) of this article shall, if requested to do so, produce evidence of his authority before exercising that power.

(8) No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except-

(a) with the consent of the person by whom the information was furnished or the

document was produced:

Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;

(b) to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the Government of any territory to which this Order extends;

(c) on the authority of the Secrtary of State, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Serbia and Montenegro decided upon by the Security Council of the United Nations; or (d) with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs.

(9) Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.

(10) Each of the following persons shall be guilty of an offence under this Order, that is to say-

(a) a master of a ship who disobeys any direction given under paragraph (1) of this

article with respect to the landing of any cargo;

(b) a master of a ship, an operator of a goods vehicle, or a charterer or an operator

or a commander of an aircraft who-

(i) without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empow- ered to make it, or

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