CO129-486 - Public Offices - 1924 — Page 143

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Statutory or other Offences.

73.—(1) 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 :-

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(a) The Merchandize Marks Act, 1887

c. 28);

(b)

"

(50 & 51 Vict.,

The Patents, Designs, and Trade-marks Acts, 1883 to 1902 "';

(c) The Trade Marks Act, 1905 (5 Edw. VII, c. 15); (d) Any Act, Statute, or Order in Council for the time being relating to copyright, or to inventions, designs, or trade-marks, of which a copy is kept exhibited in the public offices of the Consulate at Shanghai, and is there open for inspection by any person at all reason- able times;

ahall, if done by a British subject in China, be punishable as a grave offence against this Order, whether such act is done in relation to any property or right of a British subject, or of a foreigner or native, or otherwise howsoever.

Provided

(i) That no person shall be punished under this Order for

an act which would be an offence against any Act,, Statute, or Order in Council, the exhibition of which is required by paragraph (d) above, unless such exhibi- tion had commenced not less than one month before the act took place, or unless the person offending is proved to have had express notice of such Act, Statute, or Order in Council.

(ii) 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 China of similar acts committed by the subjects of such State or Power in relation to or affecting the interests of British subjects. Where such an arrange- ment is in force the Minister may issue a notification to that effect, and the Court shall take judicial notice thereof.

(2) No action shall be brought for the protection of any copy- right, trade-mark, patent, or design by any person who is not a British subject, unless either (a) an arrangement is in force between His Majesty's Government and the Government of the State or Power to which the plaintiff belongs, or (b) the Court is satisfied that effectual provision exists, for the protection in Consular or other Courts in China of the rights and interests of British subjects in copyrights, trade-marks, patents and designs infringed by the subjects of such State or Power.

Where such an arrangement is in force the Minister may issue

a notification to that effect, and the Court shall take judicial notice thereof.

74.--(1) If a British subject-

(i) Smuggles, or attempts to smuggle, out of China any goods on exportation whereof a duty is payable to the Chinese Government;

(ii) Imports or exports, or attempts to import or export, into or out of China any goods, intending and attempting to evade payment of duty payable thereon to the Chinese Government,

(iii) Imports or exports, or attempts to import or export, into or out of China any goods the importation or exporta- tion whereof, in or out of China, is prohibited by law;

(iv) Without a proper licence, sells, or attempts to sell, or offers for sale, in China any goods whereof the Chinese Government has by law a monopoly ;

in each of the four cases aforesaid he shall be guilty of an offence against this Order, and on conviction shall be liable to imprisonment, with or without hard labour, for any term not ex- ceeding six months, and with or without a fine not exceeding £100, or to a fine not exceeding £100 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 a 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.

75. (1) If any British subject, without His Majesty's authority, proof whereof shall lie on the party accused, does any of the following things, that is to say :—

(a) Levies war or takes any part in any operation of war or hostilities in China, or aids or abets any person in carrying on war, insurrection, or rebellion against the Government of China; or

(b) Takes part in any operation of war in the service of the Government of China against any persons engaged in carrying on war, insurrection, or rebellion against such Government;

he shall be guilty of an offence against this Order, and, on con- viction thereof, shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years, and with or without a fine not exceeding £500, or to a fine not exceeding £500 without imprisonment.

(2) In addition to any such punishment every conviction under the provisions of this Article shall of itself, and without further proceedings, make the person convicted liable to deportation, and

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