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Statutory and other Offences.
69. Any act which, if done in the United Kingdom or in a British possession, would be an offence against any of the follow- ing Statutes of the Imperial Parliament or Orders in Council, that is to say :—
(a) The Merchandise Marks Act, 1887(a);
(b) The Patents and Designs Acts, 1907 to 1928(b); (c) The Trade-marks Acts, 1905 to 1919 (c);
(d) Any Act, Statute, or Order in Council for the time being in force relating to inventions, designs, or trade- marks, or to copyright;
shall, if done in Egypt, be punishable under this Order, and a person convicted thereof shall be liable, on conviction, to the penalty provided by the Act or enactment in question, whether such act is done in relation to any property or right of a British subject, or of a foreigner, or otherwise howsoever.
Provided :-
(1) That a copy of any such Statute or Order in Council shall be available for inspection in the public offices of the Consulate-General at Alexandria;
(2) That a prosecution by or on behalf of a prosecutor who is not a British subject shall not be entertained, unless either (a) an arrangement is in force between His Majesty's Government and the Government of the State or Power to which the prosecutor belongs, or (b) the Court is satisfied that effectual provision exists for the punishment in Consular or other Courts in Egypt of similar acts committed by the subject of such State or Power in relation to or affecting the interests of British subjects. Where such an arrange- ment is in force the High Commissioner may issue a notification to that effect, and the Court shall take judicial notice thereof.
70.-(1) If any person subject to this Order :-
(a) imports or exports, or attempts to import or export, into or out of Egypt any goods, intending and attempting to evade payment of duty payable thereon to the Egyptian Government;
(b) imports or exports, or attempts to import or export, into or out of Egypt any goods the importation or exportation whereof into or out of Egypt is pro- hibited by law;
(c) without a proper licence sells, or attempts to sell, or offers for sale, in Egypt any goods whereof the Egyptian Government has by law a monopoly;
he shall be liable on conviction to imprisonment, with or with- out hard labour, for any term not exceeding six months, and
(a) 50-1 V. c. 28.
(b) 7 E. 7. c. 29 ; 4–5 G. 5. c. 18 ; 9–10 G. 5. c. 80 and 18-9 G. 5. c. 3. (c) 5 E. 7. c. 15 and 9-10 G. 5. c. 79.
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with or without a fine not exceeding one hundred pounds, or to a fine not exceeding one hundred pounds without imprisonment.
(2) Where a person is charged with such an offence as in this Article is mentioned, the Court may seize the goods in relation to which the alleged offence was committed, and may hold the same until after the hearing of the charge.
(3) If the person so charged is convicted, then those goods, whether they have been so seized or not, shall be forfeited to His Majesty the King; and the Court shall dispose of them, subject to any general or special directions of the Secretary of State, as the Court thinks fit.
71. (1) Any person being in Egypt may be proceeded against, tried, and punished, under this Order for piracy wherever committed.
(2) If a person accused of piracy is brought before a Provincial Court, that Court shall report the case to the Supreme Court, and the Supreme Court shall thereupon give such directions as it may think fit with respect to the trial.
72. Any British subject violating or failing to observe any stipulation of any Treaty for the time being in force in Egypt for which violation or failure any penalty is stipulated for in the Treaty, shall be deemed guilty of an offence against the Treaty, and on conviction thereof under this Order shall be liable to a penalty in accordance with the stipulations of the Treaty.
73.-(1) Where by agreement among the Diplomatic or Consular Representatives in Egypt of foreign States, or some of them, in conjunction with the Egyptian authorities, sanitary, police, port, game, or other Regulations are established, and the same, so far as they affect British subjects, are approved by the Secretary of State, the Court may, subject and according to the provisions of this Order, entertain any complaint made against a British subject for a breach of those Regulations, and may enforce payment of any fine incurred by such person in respect of that breach, in like manner, as nearly as may be, as if that breach were by this Order declared to be an offence against this Order.
(2) Any British subject committing a breach of any such regu- lations shall on conviction be liable to the punishment, forfeiture or fine therein prescribed, or if no such punishment or fine is prescribed he shall be liable to imprisonment with without hard labour for a period not exceeding one month, or to a fine not exceeding twenty pounds.
or
(3) In any such case the fine recovered shall, notwithstanding anything in this Order, be disposed of and applied in the manner provided by the Regulations, and where the Regulations contain no provision as to the manner in which it shall be disposed of and applied, it shall be disposed of and applied in such manuer as the High Commissioner may direct.
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