THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 29, 1937. 815
the parts of His Majesty's dominions to which the Act extends;
(b) to literary, dramatic, musical and artistic works, or any class thereof, the authors whereof were at the time of the making of the work citizens of North Borneo, in like manner as if the authors were British subjects;
(c) in respect of residence in North Borneo, in like manner as if such residence were residence in the parts of His Majesty's dominions to which the Act extends.
2. Where any musical work to which the Act is applied by this Order has been published before the date of this Order but no contrivance by means of which the work may be mechanically performed has before the said date been lawfully made or placed on sale within the parts of His Majesty's dominions to which this Order applies, copyright in such work shall include all rights conferred by the Act with respect to the making of records, perforated rolls and other contrivances by means of which the work may be mechanically performed.
3. In the application of Sections 1 (2) (d) and 19 of the Act, to any work to which the Act is applied by this Order, the date of this Order shall be substituted for the commen- cement of this Act" and for "the passing of this Act" in Sections 19 (7) and 19 (8) wherever those expressions occur.
4. Where any person has, before the date of this Order, taken any action whereby he has incurred any expenditure or liability in connection with the reproduction or perform- ance of any work in a manner which at the time was lawful, or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the making of this Order, have been lawful, nothing in this Order shall diminish or preju- dice any rights or interest arising from or in connection with such action which are subsisting and valuable at the said date unless the person who, by virtue of this Order, becomes entitled to restrain such reproduction or performance agrees to pay such compensation as failing agreement may be deter- mined by arbitration.
5. The Interpretation Act, 1889, shall apply to the inter- pretation of this Order as it applies to the interpretation of an Act of Parliament.
6. This Order may be cited as the Copyright (North Borneo) Order, 1937.
M. P. A. HANKEY.