Directory_and_Chronicle_1930 — Page 379

THE CHINA AND COREA (AMENDMENT) order in COUNCIL, 1907

Provided:-

327

(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 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.

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.

(2) Where any printed or written newspaper or other publication containing seditious matter is printed, published, or offered for sale within the limits of the Order by a Company registered in the United Kingdom or in a British possession, the Court may, after notice to the Company, and on proof of the facts, require the Company to give security to abstain from such printing, publishing, or offering for sale in future. If the Company fail to give security, or if the Company is shown to have again printed, published, or offered for sale such newspaper or other publica- tion containing seditious matter after giving such security, the Court may make an order prohibiting the Company from carrying on business within the limits of the Order, and may make such other orders as to the Court may seem just. The Court may also declare all the property of the Company within the limits of the Order to be forfeited to His Majesty the King, and shall dispose of it, subject to any general or special directions of the Secretary of State, as it thinks fit.

(3) Matter calculated to excite tumult or disorder, or to excite enmity between His Majesty's subjects and the Government of China or the Government of Corea, or the authorities or subjects of any Power in amity with His Majesty, being within the limits of this Order, or between the Government of China and its subjects, or the Government of Corea and its subjects, shall be deemed to be seditious matter within the meaning of this Article.

(4) Jurisdiction under this Article shall not be exercised except by the Supreme Court.

6. The following Article shall be substituted for Art. 84 of the Principal Order:- Where any person is deported to any place to which he can most conveniently be sent through Hongkong, and it is necessary to land and tranship him at Hong-