Directory_and_Chronicle_1901 — Page 285

THE CHINA, JAPAN, AND COREA (PATENTS, &c.) ORDER IN COUNCIL, 1899 227

THE CHINA, JAPAN, AND COREA (PATENTS, &c.) ORDER IN

COUNCIL, 1899

AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, 2nd February, 1899

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL

Whereas by Treaty grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in China, Japan, and Korea.

Now, therefore, Her Majesty by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890, and otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby

ordered as follow:

1.—Any act, which, if done in the United Kingdom or in a British possession, would be an offence against any of the following Statutes of the Imperial Parliament or Orders in Council, that is to say:--

"The Merchandise Marks Act, 1897."

The Patents, Designs, and Trade Marks Acts, 1883 to 1888.”

Any Act, Statute, or Order in Council for the time being in force relating to copyright or to inventions, designs, or trade-marks; or

Any Statute amending or substituted for any of the above-mentioned Statutes- Shall, if done by a British subject in China, Japan, or Korea, be an 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 otherwise.

Provided-

(1.) That a copy of any such Statute or Order in Council shall be published in the public offices of the Consulates-General of Shanghai, Tokio, and Seoul respective ly, and shall be there open for inspection by any person at all reasonable times; and a person shall not be punished under this Order for anything done before the expiration of one month after such publication, unless the person offending is proved to have had express notice of the Statute or Order;

(2.) That a prosecution by or on behalf of a prosecutor who is not a British subject shall not be entertained without the consent, in writing, of Her Majesty's Minister or Charge d'Affaires, who may withhold such consent, unless he is satisfied that effectual provision exists for the punishment, in Consular or other Courts in China, Japan, or Korea (as the case may be), of similar acts committed by the sub- jects of the State or Power of which such prosecutor is a subject, in relation to or affecting the interests of British subjects.

2. An offence against this Order shall be punishable with imprisonment for any period not exceeding three months, or fine not exceeding £100, or both.

3.-This Order may be cited as "The China, Japan, and Korea (patents, &c.) Order in Council, 1899.

And the Most Honourable the Marquess of Salisbury, K.G., one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein.

A. W. FITZROY.

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