Cap. 537CJ 《2019年聯合國制裁(剛果民主共和國)規例》United Nations Sanctions (Democratic Republic of the Congo) Regulation 2019

a person acting in the HKSAR; and

a Hong Kong person acting outside the HKSAR.

to a person in DRC or to the order of a person in DRC; or

to a destination for the purpose of delivery or transfer, directly or indirectly, to a person in DRC or to the order of a person in DRC.

on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or

on conviction on indictment—to a fine and to imprisonment for 7 years.

that the goods concerned were prohibited goods; or

that the goods concerned were, or were to be, supplied—

a ship that is registered in the HKSAR, or is in the HKSAR;

an aircraft that is registered in the HKSAR, or is in the HKSAR;

any other ship or aircraft that is for the time being chartered to a Hong Kong person or a person who is in the HKSAR; and

a vehicle in the HKSAR.

to a person in DRC or to the order of a person in DRC; or

to a destination for the purpose of delivery or transfer, directly or indirectly, to a person in DRC or to the order of a person in DRC.

the carriage of the prohibited goods is performed in the course of the supply of the prohibited goods; and

the supply is authorized by a licence granted under section 9(1)(a).

for a ship registered in the HKSAR—the responsible persons for the ship;

for any other ship—

for an aircraft registered in the HKSAR—the responsible persons for the aircraft;

for any other aircraft—

for a vehicle—the responsible persons for the vehicle.

on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or

on conviction on indictment—to a fine and to imprisonment for 7 years.

that the goods concerned were prohibited goods; or

that the carriage of the goods concerned was, or formed part of, a carriage—

a person acting in the HKSAR; and

a Hong Kong person acting outside the HKSAR.

on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or

on conviction on indictment—to a fine and to imprisonment for 7 years.

that the assistance was, or was to be, provided to a person in DRC; or

that the assistance related to military activities.

a person acting in the HKSAR; and

a Hong Kong person acting outside the HKSAR.

a person must not directly or indirectly make available any economic assets to, or for the benefit of, a relevant person or a relevant entity; and

a person must not directly or indirectly deal with any economic assets belonging to, or directly or indirectly owned or controlled by, a relevant person or a relevant entity (including, if the person is a relevant person or a relevant entity, the economic assets belonging to, or directly or indirectly owned or controlled by, the person).

on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or

on conviction on indictment—to a fine and to imprisonment for 7 years.

for a contravention of subsection (2)(a)—that the economic assets were, or were to be, made available to, or for the benefit of, a relevant person or a relevant entity; or

for a contravention of subsection (2)(b)—that the person was dealing with economic assets belonging to, or directly or indirectly owned or controlled by, a relevant person or a relevant entity.

interest or other earnings due on that account; or

payment due under contracts, agreements or obligations that arose before the date on which the person or entity became a relevant person or a relevant entity.

the relevant entry or transit is necessary for the fulfilment of a judicial process;

the Committee has determined that the relevant entry or transit is justified on the ground of humanitarian need, including religious obligation;

the Committee has determined that the relevant entry or transit would further the objectives of the resolutions of the Security Council, that is, peace and national reconciliation in the Democratic Republic of the Congo and stability in the region;

the Committee has authorized the relevant transit by a person returning to the territory of the State of his or her nationality; or

the Committee has authorized the relevant transit by a person participating in efforts to bring to justice perpetrators of grave violations of human rights or international humanitarian law.

a licence for the supply of, or the doing of an act likely to promote the supply of, prohibited goods—

a licence for the carriage of prohibited goods that is, or forms part of, a carriage—

it is a supply or carriage of prohibited goods to the Government of the Democratic Republic of the Congo;

the prohibited goods are intended solely for the support of or use by the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo;

the prohibited goods are intended solely for the support of or use by the African Union-Regional Task Force;

the prohibited goods are protective clothing (including flak jackets and military helmets) to be temporarily exported to the Democratic Republic of the Congo by United Nations personnel, representatives of the media, humanitarian or development workers or associated personnel, for their personal use only;

the prohibited goods are non-lethal military equipment intended solely for humanitarian or protective use;

either of the following—

the assistance is provided to the Government of the Democratic Republic of the Congo;

the assistance is intended solely for the support of or use by the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo;

the assistance is intended solely for the support of or use by the African Union-Regional Task Force;

the assistance is technical assistance or training related to non-lethal military equipment intended solely for humanitarian or protective use;

the provision of assistance or personnel is approved in advance by the Committee.

making available economic assets to, or for the benefit of, a relevant person or a relevant entity; or

dealing with economic assets belonging to, or directly or indirectly owned or controlled by, a relevant person or a relevant entity.

the economic assets are—

the economic assets are necessary for extraordinary expenses;

the economic assets are—

the economic assets are to be provided, processed or paid by a permitted person and such provision, processing or payment is necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs; (L.N. 65 of 2023)

the economic assets are for the provision of goods and services by a permitted person necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs. (L.N. 65 of 2023)

must cause the Committee to be notified of the intention to grant the licence; and

must grant the licence in the absence of a negative decision by the Committee within 4 working days of the notification.

must cause the Committee to be notified of the intention to grant the licence; and

must not, unless the Committee approves, grant the licence.

on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or

on conviction on indictment—to a fine and to imprisonment for 2 years.

on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or

on conviction on indictment—to a fine and to imprisonment for 2 years.

provide any information, or produce for inspection any document, relating to the mode of transport, that the officer may specify;

for a ship or aircraft—provide any information, or produce for inspection any document, relating to its cargo, that the officer may specify;

for a vehicle—provide any information, or produce for inspection any document, relating to any article on it, that the officer may specify; or

produce for inspection any of its cargo or articles that the officer may specify.

specify whether the information should be provided orally or in writing and in what form; and

specify the time by which, and the place at which, the information should be provided or the document, cargo or article should be produced for inspection.

direct a responsible person for the ship to refrain, except with the consent of an authorized officer, from landing, at any port specified by the authorized officer, any part of the ship’s cargo that is specified;

require a responsible person for the ship to take any of the following steps—

take the vehicle and any article on it to a place specified by an authorized officer; and

cause the vehicle and the article to remain in that place until the responsible person is notified by an authorized officer that the vehicle and the article may depart.

disobeys a direction given under section 16(1)(a); or

refuses or fails to comply with a requirement made under section 15(1) or 16(1)(b), (2) or (3)—

provides or produces to an authorized officer any information or document that the person knows to be false or misleading in a material particular; or

recklessly provides or produces to an authorized officer any information or document that is false or misleading in a material particular.

enter or authorize the entry on any land or the mode of transport concerned;

detain or authorize the detention of the mode of transport, or of (for a ship or aircraft) any of its cargo or (for a vehicle) any article on it; or

use or authorize the use of reasonable force.

an offence under this Regulation has been committed or is being committed; and

there is, on any premises specified in the information, evidence in relation to the commission of the offence.

enter the premises specified in the information; and

search the premises.

the power to search any person who is found on, or whom the authorized person has reasonable grounds to believe to have recently left or to be about to enter, the premises;

the power to seize and detain anything found—

that the authorized person has reasonable grounds to believe to be evidence in relation to the commission of an offence under this Regulation;

the power to take in relation to anything seized under paragraph (b) any other steps that may appear necessary for preserving the thing and preventing interference with it.

the person who provided or produced the information or document or from whom the document was seized has given consent to the disclosure;

the information or document is disclosed to a person who would have been empowered under this Regulation to require that it be provided or produced;

the information or document is disclosed on the authority of the Chief Executive, subject to the information or document being transmitted through and with the approval of the instructing authority, to—

for the purpose of assisting the United Nations or that Government in securing compliance with, or detecting evasion of, measures in relation to the Democratic Republic of the Congo decided on by the Security Council; or

the information or document is disclosed with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Regulation.

a person may give consent to the disclosure if the person is entitled to the information or to the possession of the document in the person’s own right; and

a person may not give consent to the disclosure if the person has obtained the information or possessed the document only in the person’s capacity as servant or agent of another person.

the person convicted of an offence under this Regulation is a body corporate; and

it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate,

the person convicted of an offence under this Regulation is a firm; and

it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any other person concerned in the management of the firm,

is admissible in evidence on production without further proof; and

unless the contrary is proved, is evidence of the information contained in the list.