- (ii) to modify such sanctions, or the implementation of such sanctions, as are specified in the instruction; or
- (iii) to replace such sanctions (whether in whole or in part) with other sanctions specified in the instruction,
is a relevant instruction for the purposes of this Ordinance.
3. Regulations shall give effect to relevant instructions
(1) The Chief Executive shall make regulations to give effect to a relevant instruction.
(2) Subject to subsection (3), regulations made under this section may provide that a contravention of any such regulation shall be an offence and may prescribe penalties therefor.
(3) Regulations made under this section may prescribe that a contravention or breach thereof shall be punishable—
- (a) on summary conviction by a fine not exceeding $500,000 and imprisonment for a term not exceeding 2 years;
- (b) on conviction on indictment by an unlimited fine and imprisonment for a term not exceeding 7 years.
(4) Any regulations made under this section may exclude any person, property, goods, technical data, services, transaction, ship, train or aircraft or any class thereof from the application of the regulations.
(5) Sections 34 and 35 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply to regulations made under this section.
(6) For the avoidance of doubt, it is hereby declared that any regulations made under this section do not revive, after they have ceased to have effect, if a relevant instruction is given in the same terms as the relevant instruction which gave rise to those regulations.
