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The Iraq (United Nations) (Sequestration of Assets) (Guernsey) Order 1993

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Article 3

SCHEDULEEVIDENCE AND INFORMATION

1.  (1)  Without prejudice to any other provision of this Order, or any provision of any other law, the Attorney General (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 to furnish to him (or to that authorised person) any information in his possession or control, which he (or that authorised person) may require for the purpose of securing compliance with or detecting evasion of this Order or of giving effect to a request received from the Secretary General or from the Government or competent authority of another country in accordance with sub-paragraph (3) below; 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 as advocate for any person to disclose any privileged communication made to him in that capacity.

(3) The Attorney General may, if he receives a request from the Secretary General or from the Government or competent authority of another country for information or documents stated to be required for securing compliance with or detection of evasion of the resolution, exercise the powers conferred on him by sub-paragraph (1) above in order to give effect to such a request.

(4) 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.

(5) 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 the Bailiff (in relation to the Bailiwick), the Chairman of the Court of Alderney (in relation to the island of Alderney) or the Seneschal (in relation to the Island of Sark) is satisfied by information on oath given by any officer of police or person authorised by the Attorney General to act for the purposes of this paragraph either generally or in a particular case—

(a)that there is reasonable ground for suspecting that an offence under this Order 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 vehicle, vessel or aircraft 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 vehicle, vessel or aircraft,

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 vehicle, vessel or aircraft 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 vehicle, vessel or aircraft.

(2) A person authorised by any such warrant as aforesaid to search any premises or any vehicle, vessel or aircraft 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 vehicle, vessel or aircraft, and may seize any document or article found on the premises or in the vehicle, vessel or aircraft or on such person which he 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, and may take copies of or extracts made from any such documents and may take in relation to any such document or article 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, vehicle, vessel or aircraft 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 aforesaid to which they are relevant, until the conclusion of those proceedings.

(5) In this paragraph, references to an officer of police shall be construed as references to a member of the salaried police force of the Island of Guernsey, and—

(a)in relation to the Islands of Guernsey, Herm and Jethou, within the limits of his jurisdiction, as a reference to a member of the special constabulary of the Island of Guernsey;

(b)in relation to the Island of Alderney, as a reference to a member of any police force which may be established by the States of Alderney; and

(c)in relation to the Island of Sark, as a reference to the Constable and the Vingtenier.

3.  A person authorised by the Attorney General 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 of or extract made from any document produced) by any person in pursuance of a request made under this Schedule and no document seized or from which copies or extracts are taken under paragraph 2(2) of this Schedule, other than the information or documents described in paragraph 5 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 or by unlawful means 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

(c)to any person holding office in or employed by the Commission; or

(d)to any person in connection with the publication of a notice under this Order; or

(e)on the authority of the Attorney General, 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 Iraq decided upon by the Security Council of the United Nations; or

(f)with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order.

5.  No information furnished or document provided (including any copy of or extract made from any document provided) by any person in pursuance of a request made under this Schedule, and no document seized or from which copies or extracts are taken under paragraph 2(2) of this Schedule, to give effect to a request received from the Secretary General or from the Government or competent authority of another country in accordance with paragraph 1(3) of this Schedule, shall be disclosed except—

(a)as provided in paragraph 4(a), (c) or (e) of this Schedule; or

(b)where information or documents have been requested by the Secretary General, to the Secretary General; or

(c)where information or documents have been requested by a Government or competent authority, to that Government or competent authority.

6.  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)intentionally furnishes false information or a false explanation to any person exercising his powers under this Schedule; or

(c)otherwise intentionally 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.

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