633340-1898-Circular-Despatch--International-Copyright-Convention-extended-to-the-Republic-of-Hayti — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 23rd JULY, 1898.

And whereas on the 5th day of September, 1887, the ratifications of the said Convention were duly exchanged between Her Majesty the Queen and the aforesaid countries :

And whereas by an Order in Council dated the 28th day of November, 1887, and made under the authority committed to Her Majesty by the International Copyright Acts, 1844 to 1886, Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty's dominions to the authors of literary and artistic works first produced in any of the said foreign countries (therein referred to as the foreign countries of the Copyright Union), and otherwise giving effect throughout Her Majesty's dominions to the terms of the said Berne Convention, and an English translation of the said Convention was set out in the First Schedule to the Order in Council now in recital:

And whereas since the date of the said Order in Council herein-before recited, the foreign countries following, namely, Luxembourg, Monaco, Montenegro, and Norway, have acceded to the said Berne Convention, and by Orders in Council dated respectively the 10th day of August, 1888, the 15th day of October, 1889, the 16th day of May, 1893, and the 1st day of August, 1896, and made under the authority aforesaid, the provisions of the hereinbefore recited Order in Council of the 28th day of November, 1887, have been extended to the last-mentioned foreign countries respectively, and the last-mentioned foreign countries, together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council :

And whereas an additional Act to the said Berne Convention, of which additional Act an English translation is set out in the Schedule to this Order, was agreed upon between Her Majesty and the following foreign countries for the purpose of varying the provisions of the said Berne Convention, namely:--

Germany, Belgium, Spain, France,

Italy, Luxembourg, Monaco, Montenegro,

Switzerland. and Tunis:

and the ratifications of the said additional Act were, on the 9th day of September, 1897, exchanged between Her Majesty and the said foreign countries :

And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the hereinbefore recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said additional Act throughout Her Majesty's dominions, so far as regards the foreign countries hereinbefore named as parties to the said additional Act, and an English translation of the said Additional Act is set forth in the schedule to the Order in Council now in recital:

And whereas it is provided by Article III. of the said Additional Act, that countries of the Union not parties to the said Additional Act should at any time be allowed to accede thereto :

And whereas the Republic of Hayti has duly acceded to the said Additional Act :

And whereas Her Majesty in Council is satisfied that the Republic of Hayti has made such provisions as it appears to Her Majesty expedient to require for the protection of authors of works first produced in Her Majesty's dominions:

NOW, THEREFORE, Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority committed to Her by the International Copyright Acts, 1814 to 1886, doth order, and it is hereby ordered as follows :

1. From and after the commencement of this Order the herein before recited Order in Council of the 7th day of March, 1898, shall extend to the Republic of Hayti.

2. Nothing contained in this Order shall prejudicially affect any right acquired or accrued before the commencement of this Order, by virtue of the said Order in Council of the 28th day of November, 1887, or otherwise, and any person entitled to such right shall continue entitled thereto, and to the remedies for the same in like manner as if this Order had not been made.

3. The author of auy literary or artistic work first produced before the commencement of this Order shall have the rights and remedies to which he is entitled under section 6 of the International Copyright Act, 1886.

4. This Order shall be construed as if it formed part of the International Copyright Act, 1886. 5. This Order shall come into operation on the date hereof, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give the necessary orders herein accordingly.

J. H. HARRISON,