25450-1912-PROCLAMATION — Page 6

438

THE HONGKONG GOVERNMENT GAZETTE, JUNE 28, 1912.

2 Edw. 7. c. 15.

vő Edw. 7.

c. 36.

Appeals

to quarter

sessions.

Extent of

(b) sells or lets for hire, or by way of trade exposes or offers for sale or

hire any infringing copy of any such work; or

(c) distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or

(d) by way of trade exhibits in public any infringing copy of any such

work; or

(e) imports for sale or hire into the United Kingdom any infringing

copy of any such work :

conviction

on summary con

he shall be guilty of an offence under this Act and be liable on to a fine not exceeding forty shillings for every copy dealt with in contravention of this section, but not exceeding fifty pounds in refect of the same transaction; or, in the case of a second or subsequent offence, either to such fine or to imprison- ment with or without hard labour for a term not exceeding two months.

(2) If any person knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in. public without the consent of the owner of the copyright, he shall be guilty of an offence under this Act, and be liable on summary conviction to a fine not exceed- ing fifty pounds, or, in the case of a second or subsequent offence, either to such fine or to imprisonment with or without hard labour for a term not exceeding two months.

(3) The court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies or plates for the purpose of making infringing copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

(4) Nothing in this section shall, as respects musical works, affect the provi- sions of the Musical (Summary Proceedings) Copyright Act, 1902, or the Musical Copyright Act, 1906.

12. Any person aggrieved by a summary conviction of an offence under the foregoing provisions of this Act inay in Eugland and Ireland appeal to a court of quarter sessions and in Scotland under and in terms of the Suminary Jurisdiction (Scotland) Acts.

13. The provisions of this Act with respect to summary remedies shall ex- provisions as tend only to the United Kingdom.

to summary remedies.

Importation of copies.

Importation of Copies.

14.-(1) Copies made out of the United Kingdom of any work in which copyright subsists which if made in the United Kingdom would infringe copyright, and as to which the owner of the copyright gives notice in writing by himself or his agent to the Commissioners of Customs and Excise, that he is desirous that such copies should not be imported into the United Kingdom, shall not be so imported, and shall, subject to the provisions of this section, be deemed to be included in the table of prohibitions and restrictions contained in section forty-two 39 & 40 Vict. of the Customs Consolidation Act, 1876, and that section shall apply accordingly.

c. 36.

(2) Before detaining any such copies or taking any further proceedings with a view to the forfeiture thereof under the law relating to the Customs, the Commissioners of Customs and Excise may require the regulations under this section, whether as to information, conditions, or other matters, to be complied with, and may satisfy themselves in accordance with those regulations that the copies are such as are prohibited by this section to be imported.

(3) The Commissioners of Customs and Excise may make regulations, either general or special, respecting the detention and forfeiture of copies the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may, by such regulations, determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence.

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