Directory_and_Chronicle_1918 — Page 394

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THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1907

(2) Where an officer is so appointed he shall hear and determine such matters, civil and criminal, being within the jurisdiction of a Provincial Court, as the Consular officer to whom the district is ass gred, with the sanction of the Judge of the Supreme Court, directs.

(3) Where an officer is appointed under this Article he may sit at the same time and place as the Consular officer to whom the district is assigned, or in a different place, and each sitting shall be deemed a sitting of the Provincial Court of the district. 3. The following Article shall be substituted for Article 69 of the Principal Order:-

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:----

(a) The Merchandize Marks Act, 1887;

(b) The Patents, Designs, and Trade-marks Acts, 1883 to 1902;

(c) The Trade Marks Act, 1905;

(d) Any Statute amending or substituted for any of the above-mentioned

Statutes;

(e) Any Statute, or Order in Council for the time being relating to copy- right, or to inventions, designs, or trade-marks, of which a copy is kept exhibited in the public offices of the Consulates at Shanghai and Seoul, and is there open for inspection by any person at all reason- able times;

shall, if done by a British subject in China or Corea, be punishable as a grave offence against the Principal Order, whether such act is done in relation to any pro- perty or right of a British subject, or of a foreigner or native, or otherwise howsoever.

Provided :-

(1) 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 (e) above, unless such exhibition 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.

(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 China or Corea 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 arrangement is in force the Minister may issue a notification to that effect, and the Court shall take judicial notice thereof.

4. No action shall be brought for the protection of any copyright, 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 or Corea of the rights and interests of British subject 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.

5. The following Article shall take effect instead of Article 75 of the Principal Order :-

:-

(1) Every person subject to the criminal jurisdiction of the Court who prints, publishes, or offers for sale any printed or written newspaper or other publication containing seditious matter shall be guilty of a grave offence against the Principal Order, and may, in addition to, or in lieu of, any other punishment, be ordered to give security for good behaviour, and in default thereof, or on a further conviction for the offence, he may be ordered to be deported.