United Nations Arms
Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996
Sanctioned by Order
of Her Majesty in Council 19th December 1996
In force
date 21st December 1996
Registered by the
Royal Court 17th
January 1997
WHEREAS under Article 41 of the Charter of the
United Nations the Security Council of the United Nations have, by certain
resolutions adopted on 23rd January 1992, 19th November 1992 and 17th
May 1994 called upon Her Majesty’s Government in the United Kingdom
and all other States to apply certain measures to give effect to decisions of
that Council in relation to Somalia, Liberia and Rwanda:
NOW, THEREFORE,
HER MAJESTY, in exercise of the powers conferred upon Her by section 1 of the United
Nations Act 1946, is pleased, by and with the advice of Her Privy Council,
to order, and it is hereby ordered, as follows:
1 Citation,
commencement and extent
(1) This Order may be cited
as the United Nations Arms Embargoes
(Somalia, Liberia and Rwanda) (Channel Islands) Order 1996 and
shall come into force on 21st December 1996.
(2) This Order shall extend
to the Channel Islands so as to be law, respectively,
in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
2 Interpretation
(1) In this Order the
following expressions have the meanings hereby respectively assigned to them,
that is to say –
“Chief Revenue Officer” and “States Revenue
Officer” –
(a) in
the application of this Order to the Bailiwick of Guernsey, have the meanings
they bear in the Customs and Excise
(General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;
(b) in
the application of this Order to the Bailiwick of Jersey, mean the Agent of the
Impôts (including the Deputy Agent of the Impôts and any person duly authorised by the Agent of
the Impôts);
“commander”, in relation to an aircraft, means the
member of the flight crew designated as commander of the aircraft by the
operator thereof, or failing such a person, the person who is for the time
being in charge or command of the aircraft;
“enactment” includes an enactment of the States of
Guernsey or Alderney, the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores and, in relation to
any ship, submersible vehicle or aircraft, includes the taking out of the
Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the
ship, submersible vehicle or aircraft notwithstanding that it is conveying
goods or passengers and whether or not it is moving under its own power; and
cognate expressions shall be construed accordingly;
“Her Majesty’s Procureur” includes Her Majesty’s
Comptroller;
“master”, in relation to a ship, includes any person
(other than a pilot) for the time being in charge of the ship;
“officer of police” means –
(a) in
relation to Guernsey, Herm and Jethou, a member of
the salaried police force of the Island of Guernsey and, within the limits of
his jurisdiction, a member of the special constabulary of the Island of Guernsey;
(b) in
relation to Alderney, a member of the said police force and a member of any
police force which may be established by the States of Alderney; and
(c) in
relation to Sark, the Constable, the Vingtenier and a
member of the said police force of the Island of Guernsey;
(d) in
relation to the Bailiwick of Jersey, a member of the Honorary Police or a
member of the States of Jersey Police Force;
“operator”, in relation to an aircraft or vehicle, means
the person for the time being having the management of the aircraft or vehicle;
“owner”, where the owner of a ship is not the operator,
means the operator and any person to whom it is chartered;
“person connected with a prohibited
destination” means –
(a) the
Government of any territory comprised within a prohibited destination;
(b) any
other person in, or resident in, a prohibited destination;
(c) any body incorporated or constituted under the law of any
part of a prohibited destination;
(d) any body, wherever incorporated or constituted, which is
controlled by a person or body mentioned in any of sub-paragraphs (a) to
(c) above; and
(e) any
person acting on behalf of any person or body mentioned in any of sub-paragraphs (a)
to (d) above;
“prohibited desgination”
means Somalia, Liberia or Rwanda; “prohibited goods”
means –
(a) goods
of a description specified in Group 1 of Part III of Schedule 1 to the Export of Goods (Control) Order 1994; and
(b) goods
which are or may be intended, wholly or in part, to be used in connection with
the development, production, handling, operation, maintenance, storage,
detection, identification or dissemination of chemical, biological or nuclear
weapons or the development, production, maintenance or storage of missiles
capable of delivering such weapons;
“ship”, “shipment” (and cognate expressions)
and “stores” –
(a) in
the application of this Order to the Bailiwick of Guernsey have the meanings
they bear in the Customs and Excise
(General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;
(b) in
the application of this Order to the Bailiwick of Jersey have the meanings they
bear in the Customs and Excise
(General Provisions) (Jersey) Law, 1972.
(2) Any reference to a
provision of an Act of Parliament or a statutory instrument shall –
(a) in
the application of this Order to the Bailiwick of Guernsey, in the case of a
provision which has been extended to that jurisdiction, be construed as a
reference to that provision as it has effect there;
(b) in
the application of this Order to the Bailiwick of Jersey, in the case of a
provision which has been extended to that jurisdiction, be construed as a
reference to that provision as it has effect there;
and, in any other case, be construed as a reference to that
provision as it has effect in the United Kingdom.
3 Deliveries
and supplies of certain goods to a prohibited destination
(1) Except under the
authority of a licence granted under this article –
(a) in
the case of the Bailiwick of Guernsey by Her Majesty’s Procureur;
(b) in
the case of the Bailiwick of Jersey by the Finance and Economics Committee,
no person shall supply or deliver, agree to supply or deliver, or do
any act likely to promote the supply or delivery of, prohibited
goods –
(i) to
a prohibited destination;
(ii) to,
or to the order of, a person connected with a prohibited destination; or
(iii) to
any destination for the purpose of delivery, directly or indirectly, to a
prohibited destination, or to, or to the order of, a person connected with a
prohibited destination.
(2) The provisions of this
article shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, and to any
person elsewhere who –
(a) is a
British citizen, a British Dependent Territories citizen, a British Overseas
citizen, a British subject or a British protected person and is ordinarily
resident in the Bailiwick of Guernsey or, as the case may be, in the Bailiwick
of Jersey;
(b) is a
body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey.
(3) Subject to the
provisions of paragraph (4) of this article, any person specified in paragraph (2)
of this article who contravenes the provisions of paragraph (1) of this
article shall be guilty of an offence under this Order.
(4) In the case of
proceedings for an offence in contravention of paragraph (1) of this
article it shall be a defence for the accused person to prove –
(a) that
he did not know and had no reason to suppose that the goods in question were prohibited
goods; or
(b) that
he did not know and had no reason to suppose that the goods were to be
delivered or supplied to a prohibited destination or to, or to the order of, a
person connected with a prohibited destination.
(5) Paragraph (1) of
this article shall not apply to prohibited goods delivered or supplied to a
prohibited destination by or on behalf of the United Nations or the
peacekeeping forces of the Economic Community of West African States.
(6) Nothing in so much of paragraph (1)
of this article as relates to the agreement to supply or doing any act likely
to promote the supply or delivery of prohibited goods shall apply where the
supply or delivery of the goods to the person concerned is authorised by a
licence granted by Her Majesty’s Procureur or, as the case may be, by the
Finance and Economics Committee under this article.
4 Customs
powers to demand evidence of destination which goods reach
Any exporter or shipper of prohibited goods which have been exported
from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey
shall, if so required by the relevant Chief Revenue
Officer, furnish within such time as that Officer may allow proof to his
satisfaction that the goods have reached either –
(a) a destination to which
they were authorised to be supplied or delivered by a licence granted under
this Order; or
(b) a destination to which
their supply or delivery was not prohibited by this Order;
and, if the exporter or shipper fails to do so –
(i) in the case of
the Bailiwick of Guernsey, he shall be guilty of an offence under this Order
and liable on conviction to a fine not exceeding level 5 on the uniform scale;
(ii) in the case of
the Bailiwick of Jersey, he shall be guilty of an offence under this Order and
liable on conviction to a fine,
unless he proves that he did not consent to or connive at the goods
reaching any destination other than a destination to which sub-paragraph (a)
or (b) above applies.
5 Offences
in connection with applications for licences, conditions attaching to licences,
etc.
(1) If for the purpose of
obtaining any licence under this Order any person –
(a) makes
any statement or furnishes any document or information which to his knowledge
is false in a material particular; or
(b) 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 under this Order by Her
Majesty’s Procureur in the case of the Bailiwick of Guernsey, or by the
Finance and Economics Committee in the case of the Bailiwick of Jersey, 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 Her Majesty’s Procureur or, as the case may be, the Finance and Economics Committee
after the doing of the act authorised by the licence.
6 Declaration
as to goods: powers of search
(1) Any person who is about
to leave the Bailiwick of Guernsey or, as the case may be,
the Bailiwick of Jersey shall, if he is required to do so by a States
Revenue Officer –
(a) declare
whether or not he has with him any prohibited goods;
and
(b) produce
any prohibited goods which he has with him,
and such Officer, and any person acting under this
directions, may search that person for the purpose of ascertaining
whether he has with him any such goods:
Provided that no person shall be searched in pursuance of this
paragraph except by a person of the same sex.
(2) Any person who, without
reasonable excuse –
(a) refuses
to make a declaration;
(b) fails
to produce any goods; or
(c) refuses
to allow himself to be searched,
in accordance with any provision of this article, shall be guilty of
an offence under this Order.
(3) Any person who for the
purposes of any provision of this article makes a declaration which to his
knowledge is false in a material particular or recklessly makes any declaration
which is false in a material particular shall be
guilty of an offence under this Order.
7 Carriage
of certain goods destined for a prohibited destination
(1) Without prejudice to
the generality of article 3 of this Order, no ship or aircraft to which this
article applies, and no vehicle within the Bailiwick of Guernsey or the
Bailiwick of Jersey shall be used for the carriage of prohibited goods –
(a) which
is, or forms part of, carriage from any place outside a prohibited destination
to any place therein; or
(b) to, or
to the order of, a person connected with a prohibition destination,
except under the authority of a licence granted under article 3 of
this Order or of a licence granted this article, in the case of the Bailiwick
of Guernsey by Her Majesty’s Procureur or, in the case of the Bailiwick
of Jersey by the Finance and Economics Committee.
(2) This article applies to
ships registered in the Bailiwick of Guernsey or, as the case
may be, the Bailiwick of Jersey, or in the United Kingdom, to aircraft
registered in the United Kingdom, and to any other ship or aircraft which is
for the time being chartered to any person who is –
(a) a
British citizen, a British Dependent Territories citizen, a British overseas
citizen, a British subject, or a British protected person and is ordinarily
resident in the Bailiwick of Guernsey or, as the case may be,
in the Bailiwick of Jersey; or
(b) a
body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
(3) Subject to paragraph (4)
below, if any ship, aircraft or vehicle is used in contravention of paragraph (1)
of this article –
(a) in
the case of a ship registered in the Bailiwick of Guernsey, the Bailiwick of
Jersey or the United Kingdom, or any aircraft registered in the United Kingdom,
the owner and the master of the ship or, as the case may be, the operator and
the commander of the aircraft;
(b) in
the case of any other ship or aircraft, the person to whom the ship or aircraft
is for the time being chartered and, if he is such a person as is referred to
in sub-paragraph (a) or (b) of paragraph (2) of this article, the
master of the ship or, as the case may be, the operator and the commander of
the aircraft;
(c) in
the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order unless he proves that
he did not know and had no reason to suppose that the carriage of the goods in
question was, or formed part of, carriage from any place outside a prohibited
destination to any place therein or to, or to the order of, any person
connected with a prohibited destination.
(4) In the case of
proceedings for an offence in contravention of paragraph (3) above, it
shall be a defence for the accused person to prove that he did not know and had
no reason to suppose that the goods in question were prohibited goods.
(5) Nothing in this article
shall be construed so as to prejudice any other
enactment or rule of law prohibiting or restricting the use of ships, aircraft
or vehicles.
8 Investigation,
etc. of suspected ships, aircraft and vehicles
(1) Where any authorised
officer (which for the purposes of paragraphs (1) to (3) of this article
means any such officer, other than a Departmental officer, as is referred to in
section 284(1) of the Merchant
Shipping Act 1995) has reason to suspect that any ship to which
article 7 of this Order applies has been or is being or is about to be used in
contravention of paragraph (1) of that article, he may –
(a) request
the master of the ship to furnish such information relating to the ship and her
cargo and produce for his inspection such documents so relating and such cargo
as he may specify; and the master shall comply with any such request;
(b) either
alone or accompanied and assisted by persons under his authority, board the
ship and search her and, for that purpose, may use or authorise the use of
reasonable force;
(c) either
there and then or upon consideration of any information furnished or document
or cargo produced in pursuance of a request under sub-paragraph (a) above,
in the case of a ship that is reasonably suspected of being used or of being
about to be used in contravention of article 7 of this Order, exercise the
further powers described in paragraph (2) of this article with a view to
the prevention of the commission (or the continued commission) of any such
contravention or in order that enquiries into the matter may be pursued.
(2) Under sub-paragraph (c)
of paragraph (1) of this article, the authorised officer may either direct
the master to refrain, except with the consent of an authorised officer, from
landing at any port specified by the officer any part of the ship’s cargo
that is so specified or request the master to take any one or more of the
following steps –
(a) to
cause the ship not to proceed with the voyage on which she is then engaged or
about to engage until the master is notified by any authorised officer that the
ship may so proceed;
(b) if
the ship is then in a port in the Bailiwick of Guernsey or, as the case may be,
the Bailwick of Jersey, to cause her to remain there
until the master is notified by any authorised officer that the ship may depart;
(c) if
the ship is then in any other place, to take her to any such port specified by
the officer and to cause her to remain there until the master is notified as
mentioned in sub-paragraph (b) of this paragraph;
(d) to
take her to any other destination that may be specified by the officer in
agreement with the master;
and the master shall comply with any such request or direction.
(3) Without prejudice to
the provisions of paragraph (11) of this article, where –
(a) a
master refuses or fails to comply with a request made under this article that
his ship shall or shall not proceed to or from any place; or
(b) an
authorised officer otherwise has reason to suspect that such a request that has
been so made may not be complied with,
any authorised officer 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 enter upon, or authorise
entry upon, that ship and use, or authorise the use of, reasonable force.
(4) Where –
(a) in
the case of the Bailiwick of Guernsey, any States Revenue Officer or any person
authorised by Her Majesty’s Procureur for that purpose (either generally
or in a particular case);
(b) in
the case of the Bailiwick of Jersey, the Bailiff or any person authorised by
the Bailiff for that purpose (either generally or in a particular case),
has reason to suspect that any aircraft to which article 7 of this
Order applies has been or is being or is about to be used in contravention of paragraph (1)
of that article, he may –
(i) request
the charterer, the operator and the commander of the aircraft or any of them to
furnish such information relating to the aircraft and its cargo and produce for
his inspection such documents so relating and such cargo as he may specify, and
the charterer, the operator and the commander shall comply with any such request;
(ii) either
alone or accompanied and assisted by persons under his authority, board the
aircraft and search it and, for that purpose, may use or authorise the use of
reasonable force; and
(iii) if
the aircraft is then in the Bailiwick of Guernsey or, as the case may be, the
Bailiwick of Jersey, either there and then or upon consideration of any
information furnished or document or cargo produced in pursuance of a request
under sub-paragraph (a) above, further request the charterer, operator and
the commander or any of them to cause the aircraft to remain in the Bailiwick
of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that
the aircaft may depart; and the charterer, the
operator and the commander shall comply with any such request.
(5) Without prejudice to
the provisions of paragraph (11) of this article, where any of the persons
mentioned in sub-paragraph (a) or (b) of paragraph (4) of this
article has reason to suspect that any request that an aircraft should remain
in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey
that has been made under sub-paragraph (iii) of that paragraph may not be complied
with, he 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
(c) use,
or authorise the use of, reasonable force.
(6) Where –
(a) in
the case of the Bailiwick of Guernsey, any States Revenue Officer or any person
authorised by Her Majesty’s Procureur for that purpose (either generally
or in a particular case);
(b) in
the case of the Bailiwick of Jersey, the Bailiff or any person authorised by
the Bailiff for that purpose (either generally or in a particular case),
has reason to suspect that any vehicle in the Bailiwick of Guernsey
or, as the case may be, the Bailiwick of Jersey has
been or is being or is about to be used in contravention of paragraph (1)
of article 7 of this Order, he may request the operator and driver of the
vehicle or either of them –
(i) to
furnish such information relating to the vehicle and any goods contained in it,
and produce for his inspection such documents so relating and such goods as he
may specify; and the operator and the driver shall comply with any such request;
and
(ii) either
alone or accompanied and assisted by persons under his authority, board the
vehicle and search it and, for that purpose, may use or authorise the use of
reasonable force; and
(iii) either
there and then or upon consideration of any information furnished or document
or goods produced in pursuance of a request under sub-paragraph (a) above,
further require the operator or driver to cause the vehicle to remain in the
Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until
notified that the vehicle may depart; and the operator and the driver shall
comply with any such request.
(7) Without prejudice to
the provisions of paragraph (11) of this article, where any person
mentioned in sub-paragraph (a) or (b) of paragraph (6) of this
article has reason to suspect that any request that a vehicle should remain in
the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that
has been made under sub-paragraph (iii) of that paragraph may not be
complied with, he 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 vehicle;
(b) detain,
or authorise the detention of, that vehicle; and
(c) use,
or authorise the use of, reasonable force.
(8) A person authorised by
Her Majesty’s Procureur or, as the case may be, the
Bailiff, to exercise any power for the purposes of paragraph (4), (5), (6)
or (7) of this article shall, if requested to do so, produce evidence of his
authority before exercising that power.
(9) 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 States of Guernsey or Alderney or the
Chief Pleas of Sark or, as the case may be, under or in the service of the
States of Jersey; or
(c) on
the authority of Her Majesty’s Procureur in the case of the Bailiwick of
Guernsey, or of the Bailiff in the case of the Bailiwick of Jersey, 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 Somalia, Liberia or Rwanda 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 or an
offence against any provision of law with respect to similar matters which is
for the time being in force in the Bailiwick of Guernsey or in the Bailiwick of
Jersey.
(10) Any power conferred by this
article to request the furnishing of information of 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.
(11) 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 or a charterer or an operator or a commander of an aircraft or
an operator or driver of a vehicle who –
(i) without
reasonable excuse, refuses or fails within a reasonable time to comply with any
request made under this article by any person empowered to make it; or
(ii) wilfully
furnishes false information or produces false documents to such a person in
response to such a request;
(c) a
master or a member of a crew of a ship or a charterer or an operator or a
commander or a member of a crew of an aircraft who wilfully obstructs any
person exercising powers conferred by or under this article (or any person
acting under the authority of such a person) in the exercise of those powers.
(12) Nothing in this article shall
be construed so as to prejudice any other enactment or
rule of law conferring powers or imposing restrictions or enabling restrictions
to be imposed with respect to ships, aircraft or vehicles.
9 Obtaining
of evidence and information
The provisions of the Schedule to this Order shall have effect in
order to facilitate the obtaining of evidence and information for the purpose
of securing compliance with or detecting evasion of this Order and in order to
facilitate the obtaining 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 under any enactment relating to customs or of an offence against any
provision of law with respect to similar matters which is for the time being in
force in the Bailiwick of Guernsey or in the Bailiwick of Jersey.
10 Penalties
and Proceedings
(1) Any person guilty of an
offence under paragraph (3) of article 3 or paragraph (3) of article
7 of this Order shall be liable –
(a) in
the Bailiwick of Guernsey –
(i) on
conviction on indictment to imprisonment for a term not exceeding seven years
or to a fine or to both; or
(ii) on
summary conviction to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum or to both;
(b) in
the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding
seven years or to a fine or to both.
(2) Any person guilty of an
offence under sub-paragraph (b)(ii) of paragraph (11) of article 8 of
this Order or sub-paragraph (b) or (d) of paragraph 5 of the Schedule
to this Order shall be liable –
(a) in
the Bailiwick of Guernsey –
(i) on
conviction on indictment to imprisonment for a term not exceeding two years or
to a fine or both;
(ii) on
summary conviction to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum or to both;
(b) in
the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding
two years or to a fine or to both.
(3) Any person guilty of an
offence under paragraph (1) or (2) of article 5 of this Order shall be
liable –
(a) in
the Bailiwick of Guernsey –
(i) on
conviction on indictment to imprisonment for a term not exceeding two years or
to a fine or both;
(ii) on
summary conviction to a fine not exceeding the statutory maximum;
(b) in
the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding
two years or to a fine or to both.
(4) Any person guilty of an
offence under sub-paragraph (2) of article 6 of this Order shall be liable –
(a) in
the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level
5 on the uniform scale;
(b) in
the Bailiwick of Jersey, on conviction to a fine.
(5) Any person guilty of an
offence under any of sub-paragraphs (a), (b)(i)
or (c) of paragraph (11) of article 8 of this Order or sub-paragraph (a)
or (c) of paragraph 5 of the Schedule to this Order shall be liable –
(a) in
the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the uniform scale or
to both;
(b) in
the Bailiwick of Jersey, on conviction to imprisonment for a period not
exceeding six months or to a fine or to both.
(6) 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.
(7) Summary proceedings in
the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an
offence under this Order, being an offence alleged to have been committed
outside the Bailiwick in question, may be commenced at any time not later than
12 months from the date on which the person charged first enters that Bailiwick
after committing the offence.
(8) Proceedings against any
person for an offence under this Order may be taken before the appropriate
court in the place where that person is for the time being in the Bailiwick of Guernsey
or, as the case may be, the Bailiwick of Jersey.
(9) In the Bailiwick of
Jersey, no proceedings for an offence under this Order shall be instituted
except by, or with the consent of, the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the
issue or execution of a warrant for the arrest, of any person in respect of
such an offence, or the remand in custody or on bail of any person charged with
such an offence, notwithstanding that the necessary consent to the institution
of proceedings for that offence has not been obtained.
11 Exercise
of powers of Her Majesty’s Procureur
(1) In the case of the
Bailiwick of Guernsey, Her Majesty’s Procureur, and in the case of the
Bailiwick of Jersey, the Finance and Economics Committee, may, to such extent
and subject to such restrictions and conditions as they may think proper,
delegate or authorise the delegation of any of their powers under this Order to
any person, or class or description or persons, approved by them, and
references in this Order to Her Majesty’s Procureur or, as the case may
be, to the Finance and Economics Committee, shall be construed accordingly.
(2) Any licence granted
under this Order may be either general or special, may be subject to or without
conditions, may be limited so as to expire on a
specified date unless renewed, and may be varied or revoked by the authority
which granted it.
12 Miscellaneous
This Order applies to or in relation to any ship aircraft or any body corporate which purports to be registered in any
particular place or, as the case may be, which purports to be incorporated or
constituted under the law of any particular place, as it applies to or in
relation to any ship or aircraft that is so registered or any
body corporate that is so incorporated or constituted.
N. H. Nicholls
Clerk of the Privy Council
SCHEDULE
(Article 9)
EVIDENCE AND INFORMATION
1
(1) Without
prejudice to any other provision of this Order, or to anything contained in any
other enactment or rule of law, and subject to sub-paragraph (2) below –
(a) Her
Majesty’s Procureur (or any person authorised by him for that purpose
either generally or in a particular case) may request any person in or resident
in the Bailiwick of Guernsey to furnish to him (or to that authorised person)
any information in the possession or control of the person to whom the request
is made, or to produce to him (or to that authorised person) any document in
such person’s possession or control, which he (or that authorised person)
may require for the purpose of securing compliance with or detecting evasion of
this Order;
(b) the
Bailiff may request any person in or resident in the Bailiwick of Jersey to
furnish to him any information in the possession or control of the person to
whom the request is made, or to produce to him any document in such
person’s possession or control, which he may require for the purpose of
securing compliance with or detecting evasion of this Order;
and any person to whom such a request is made shall comply with it
within such time and in such manner as may be specified in the request.
(2) Nothing in the
foregoing sub-paragraph shall be taken to require any person who has acted, in
the case of the Bailiwick of Guernsey as advocate or, in the case of the
Bailiwick of Jersey, as advocate or solicitor (écrivain),
for any person to disclose any privileged communication made to him in that
capacity.
(3) Where a person is
convicted of failing to furnish information or produce a document when
requested to do so under this paragraph, the court may make an order requiring
him, within such period as may be specified in the order, to furnish the
information or produce the document.
(4) The power conferred by
this paragraph to request any person to produce documents shall include power
to take copies of or extracts from any document so produced and to request that
person or, where that person is a body corporate, any other person who is a
present or past officer of or is employed by the body corporate, to provide an
explanation of any of them.
2
(1) If in either the
Bailiwick of Guernsey or the Bailiwick of Jersey the Bailiff is satisfied by
information given on oath –
(a) that
there is reasonable ground for suspecting than an offence under this Order or,
with respect to any of the matters regulated by this Order, an offence under
any enactment relating to customs or an offence against any provision of law
with respect to similar matters which is for the time being in force in that
Bailiwick has been or is being committed and that evidence of the commission of
the offence is to be found on any premises specified in the information, or in
any ship, aircraft or vehicle so specified; or
(b) that
any documents which ought to have been produced under paragraph 1 of this
Schedule and have not been produced are to be found on any such premises or in
any such ship, aircraft or vehicle,
he may grant a search warrant authorising any officer of police,
together with any other persons named in the warrant and any other officers of
police, to enter the premises specified in the information or, as the case may
be, any premises upon which the ship, aircraft or vehicle so specified may be,
at any time within one month from the date of the warrant and to search the
premises or, as the case may be, the ship, aircraft or vehicle.
(2) A person authorised by
any such warrant as aforesaid to search any premises or any ship, aircraft or
vehicle may search every person who is found in, or whom he has reasonable
ground to believe to have recently left or to be about to enter those premises
or that ship, aircraft or vehicle and may seize any document or article found
on the premises or in the ship, aircraft or vehicle or on such person which
such authorised person has reasonable ground to believe to be evidence of the
commission of any such offence as aforesaid or any documents which he has
reasonable ground to believe ought to have been produced under paragraph 1
of this Schedule or to take in relation to any such article or document any
other steps which may appear necessary for preserving it and preventing
interference with it:
Provided that no person shall, in pursuance of any warrant issued
under this paragraph, be searched except by a person of the same sex.
(3) Where, by virtue of
this paragraph, a person is empowered to enter any premises, ship, aircraft or
vehicle he may use such force as is reasonably necessary for that purpose.
(4) Any documents or
articles of which possession is taken under this paragraph may be retained for
a period of three months or, if within that period there are commenced any
proceedings for such an offence as is mentioned in sub-paragraph (1)(a) of
paragraph 2 of this Schedule to which they are relevant, until the
conclusion of those proceedings.
(5) In the application of
this paragraph to the Islands of Alderney and Sark, any reference to the
Bailiff includes a reference, in the case of Alderney, to the Chairman of the
Court of Alderney and, in the case of Sark, to the Seneschal.
3
A person authorised in the case of the Bailiwick of Guernsey by Her
Majesty’s Procureur, or in the case of the Bailiwick of Jersey by the
Bailiff, to exercise any power for the purposes of this Schedule shall, if
requested to do so, produce evidence of his authority before exercising that
power.
4
No information furnished or document produced (including any copy or
extract made of any document produced) by any person in pursuance of a request
made under this Schedule and no document seized under sub-paragraph (2) of
paragraph 2 of this Schedule shall be disclosed except –
(a) with
the consent of the person by whom the information was furnished or the document
was produced or the person from whom the document was seized:
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; or
(b) to
any person who would have been empowered under this Schedule 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 States of Guernsey or Alderney or the
Chief Pleas of Sark or, as the case may be, under or in the service of the
States of Jersey; or
(c) on
the authority, in the case of the Bailiwick of Guernsey of Her Majesty’s
Procureur, or in the case of the Bailiwick of Jersey of the Bailiff, to any
organ of the United Nations or to any person in the service of the United
Nations or to 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 Somalia, Liberia or Rwanda 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
or for an offence against any provision of law with respect to similar matters
which is for the time being in force in the Bailiwick of Guernsey or the
Bailiwick of Jersey.
5
Any person who –
(a) without
reasonable excuse, refuses or fails within the time and in the manner specified
(or, if no time has been specified, within a reasonable time) to comply with
any request made under this Schedule by any person who is empowered to make it;
or
(b) wilfully
furnishes false information or a false explanation to any person exercising his
powers under this Schedule; or
(c) otherwise
wilfully obstructs any person in the exercise of his powers under this
Schedule; or
(d) with
intent to evade the provisions of this Schedule, destroys, mutilates, defaces,
secretes or removes any document,
shall be guilty of an offence under this Order.