1947-HKRS28-8-14_Part02 — Page 6

Power to appoint Controller.

Cinets Ehentres to which Ordinanc

applion.

British

Films to be shown on 7 daya in each quota period.

Controller may grant axemption.

Exhibitors

to furnish akulataende and declara. biom na to complianos

hinchipu

4.

3. The Governor in Council by notification in the Gazette may appoint either by name or as holding any office for the time being a person to be the Controller of the Exhibition of Cinematograph films.

4. This Ordinance applies to

(x) all cinema theatres known in the cinematograph film trade as "first run theatres", that is to say, cinema theatres ordinarily shewing English language films for the first time in the town or locality in which they are situate.

(b) all cinema theatres known in the cinématograph film trade sa "second run theatres", that is to say, cinema theatres ordinarily shewing English language films for the second time in the town or locality in which they are situate.

PART II.

British Film Quota.

י |

5. (1) Subject to any exemption granted under sub- section (2) of this section, British films, one of which shall be at least five thousand feet long, of a total length of not less than eight thousand feet shall be exhibited at every public performance on not less than seven days in each quota period at every cinema theatre to which this Ordinance applies which is open to the public during any quota period or part thereof.

(2) If, by reason of a shortage of British films or for any other reason, it shall appear to the Controller that it will be impossible or unreasonable, during any quota period, for the requirements of sub-section (1) of this section to be complied with in respect of any cinema theatre to which this Ordinance applies, the Controller may, upon such terms as he may think fit to impose, grant in respect of such cinema theatre such partial or complete exemption from compliance with the requirements of subsection (1) of this section as shall appear to him reasonable. Any decision made by the Controller under the provisions of this sub-section shall be final and conclusive.

6. Every exhibitor shall furnish to the Controller :

(a) during the first seven days of each quota period a written statement as to the manner in which, subject to the terms upon which any exemption under sub-section (2) of section may have been granted, it is proposed to comply with the requirements of sub-section (1) of section 5 during such quota period, and

(b) during the first seven days of the second quota period and thereafter during the first seven days of each succeeding quota period, & declaration as to the manner in which, subject to the terms upon which any exemption under sub-section (2) of section 5 may have been granted, the requirements of sub- Bection (1) of section 5 were complied with during the last preceding quota period.

3

PART III.

Advance Booking.

7. No person shall give any such undertaking (whether for a consideration or not and whether orally or in writing) se would, if it were legally binding on him, impose on him an obligation, either actual or contingent to take delivery of any film for public exhibition at a cinema to which this Ordinance applies at a date later than six months after the date on which he gives the undertaking :

Provided that in relation to any serial film this section shall not operate so as to restrict the making of an agreement in so far as it providea for any part of the serial film or series being exhibited after three parts thereof have been exhibited to the public in a cinema theatre to which this Ordinance applies.

striction advanc

booking of

fitcom.

at agrno.

8. Any agreement made after the coming into force.of Invalidation this Ordinance shall be invalid if and so far as it purports 10 in- impose on any person an obligation, either actual or contingent, valving to take delivery of a film for public exhibition at a cinema theatre to which this Ordinance applies at a date later than eix months after the date on which the agreement is made:

Provided that the provisions of this section shall not apply in relation to any agreement the making of which is unrestricted by virtue of the proviso to section 7,

PART IV.

Offences and Penalties.

8. Any person who

(a) contravenes or fails to comply with any of the provisions of this Ordinance or any term upon which exemption is granted under the provisions of sub- section (2) of section 5 bereof; or

(b) makes any false statement in a declaration furnished in accordance with paragraph (b) of subsection (1) of section 6 hereof shall be guilty of an offence against this Ordinance and liable on conviction upon indictment to a fine not exceeding seventy thousand dollars and to imprisonment for a term not exceeding six months, or upon summary conviction to a fine not exceeding five thousand dollars and to imprison- ment for a term not exceeding three months.

adrasco booking.

P

attempts

commission

paratory fo

af offences.

10. Without prejudice to the provisions of section 37 of the Magistrates Ordinance, 1932, and section 7 of the data pro Accessories and Abettors Ordinance, 1929, any person who attempts to commit any offence against this Ordinance or solicits or incites or endeavours to persuade another person to commit an offence or does any act preparatory to the com- mission of an offence shall be guilty of an offence, and shall be liable to the same punishment and to be proceeded against in the same manner as if he had committed the offence.