TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 9

(a) which the Governor has reason to believe is either majority owned or effectively

controlled by a person connected with Serbia or Montenegro, or

(b) which is detained by virtue of article 3 and in respect of which the Governor determines that the said goods vehicle has been used in violation of the United Nations resolutions.

(5) A certificate given by or on behalf of the Governor stating that it has been deter- mined that a goods vehicle has been used in violation of the United Nations resolutions shall be conclusive evidence of that matter.

Impounding of aircraft

6.-(1) The Governor shall take all such steps as may be necessary to secure that any aircraft to which this article applies which is at an airport in the Territory shall be impounded at that airport.

(2) Without prejudice to the generality of paragraph (1) of this article, such steps may include-

(a) requesting the commander or operator of the aircraft to move it, or to secure that

it is moved, to another part of the airport, and

(b) the placing of obstacles in the path of a parked aircraft to prevent it from leaving

its parked position.

(3) Any person who, without reasonable excuse-

(a) obstructs the Governor or his servants or agents acting in accordance with the

provisions of this article,

(b) refuses or fails within a reasonable time to comply with a request made by any

such persons made in accordance with paragraph (2)(a) of this article, or

(c) interferes with any such obstacle as is referred to in paragraph (2)(b) of this

article,

shall be guilty of an offence under this Order.

(4) Nothing in this article shall preclude the Governor levying airport charges.

(5) The Governor may recover impounding expenses from the owner of an impounded aircraft.

(6) This article applies to any aircraft-

(a) which the Governor has reason to believe is either majority owned or effectively

controlled by a person connected with Serbia or Montenegro, or

(b) which is detained by virtue of article 3 and in respect of which the Governor determines that the said aircraft has been used in violation of the United Nations resolutions.

(7) A certificate given by or on behalf of the Governor stating that it has been deter- mined that an aircraft has been used in violation of the United Nations resolutions shall be conclusive evidence of that matter.

Forfeiture of ships and cargo

7.—(1) In any case where-

(a) a ship is impounded pursuant to article 4 and, in the case of a ship referred to in article 4(5)(a), the Governor determines that the ship has been operated or used in violation of the United Nations resolutions, or

(b) a ship's cargo has been the subject of a direction as to landing, and the Governor determines that the cargo has been carried in violation of the United Nations resolutions,

the Governor may order that the ship or cargo, as the case may be, shall be forfeited to him.

(2) In a case where the Governor orders that a ship or cargo shall be forfeited to him he shall secure that the ship or cargo is sold for the best price that can reasonably be obtained.

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