Excise, shall be given to the Comptroller of Customs in British Guiana, provided, however, that any notice so given to the Commissioners of Customs and Excise, and communicated by them to the said Comptroller of Customs, shall be deemed to have been given to the Comptroller of Customs.

ORDINANCE of the Government of British Honduras to facilitate the operation of "The (Imperial) Copyright Act, 1911," " in the Colony.

[No. 11.]

[March 26, 1915.]

Be it enacted by the Governor of British Honduras, with the advice and consent of the Legislative Council thereof:

1. This Ordinance may be cited as "The Copyright Ordinance, 1915."

2.-(1.) If any person knowingly

(a.) Makes for sale or hire any infringing copy of a work in which copyright subsists; or

(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 Colony any infringing copy of any such work;

he shall be guilty of an offence under this Ordinance and be liable on summary conviction to a fine not exceeding 10 dollars for every copy dealt with in contravention of this section, but not exceeding 250 dollars in respect of the same transaction; 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.

(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 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 Ordinance, and be liable on summary conviction to a fine not exceeding 250 dollars, 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

* Vol. CIV, page 13.

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.

3. For the purpose of the application of section 14 of "The (Imperial) Copyright Act, 1911," to the importation into this Colony of copies of works made out of the Colony

(1.) The Collector of Customs shall perform the duties and may exercise the powers thereby imposed on or given to the Commissioners of Customs and Excise of the United Kingdom."

(2.) Regulations made by the Collector of Customs under that section shall require the approval of the Governor-in-Council.

(3.) Regulations made under that section may provide that notices given to the Commissioners of Customs and Excise of the United Kingdom, and communicated by them to the Collector of Customs, shall be deemed to have been given by the owner of the copyright to the Collector of Customs.

(4.) That section shall have effect as if it formed part of Chapter 155 of the Consolidated Laws (revised edition) which relate to the Customs Law of the Colony.

Passed the Legislative Council this 19th day of March, 1915. H. E. PHILLIPS,

Clerk of the Legislative Council.

I assent in His Majesty's name this 26th day of March, 1915. WILFRED COLLET, Governor.

ENACTMENT of the State of Brunei relative to Extradition. [No. 1.]

E. B. MAUNDRELL, British Resident.

[December 9, 1915.]

It is hereby enacted by His Highness the Sultan in Council, as follows:

1. This Enactment may be cited as "The Extradition Enactment, 1915," and shall come into force upon such date as the Resident may by public notification appoint.

2. In this Enactment, unless the context otherwise requires"The State" means the State of Brunei.

"Conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but "accused person" includes a person so convicted of contumacy.

"Diplomatic representative of a foreign country" includes any person recognized by the Resident as a Consul-General,

Consul, or Vice-Consul, or as the officer administering the government of any possession, dependency, or protectorate of that country.

"Extradition crime" means a crime which would be punishable by the law of the State of Brunei if committed in the State of Brunei, and which would be one of the crimes described in the First Schedule.

"Fugitive criminal" means any person accused or convicted of an extradition crime committed within the jurisdiction of any foreign country, who is in or suspected of being in or on the way to the State of Brunei; and "fugitive criminal of a foreign country" means a fugitive criminal accused or convicted of an extradition crime committed within the jurisdiction of that country.

"Oath" includes affirmation.

Warrant," in the case of any foreign country, includes any judicial document authorizing the arrest of a person accused or convicted of crime.

3.-(i.) The extradition crimes included from time to time in the First Schedule shall, except where otherwise specially provided, be construed according to the law in force in the State of Brunei at the date of the alleged crime.

(ii.) The Resident may from time to time, by public notification, declare that any crime specified in such notification and not included in the First Schedule shall form part thereof, and from and after the date of the publication of such notification the crime specified therein shall come within the operation of this Enactment as if the same had been originally included in the said Schedule; and the Resident may from time to time, by public notification, declare that any crime specified in the said Schedule, or which may have been added to the said Schedule as hereinbefore provided, shall no longer form part thereof, and from and after the date of the publication of such notification such crime shall cease to come within the operation of this Enactment.

4.-(i.) Where an arrangement has been made between His Britannic Majesty and the Ruler of a foreign country for the mutual surrender of persons accused or convicted of crime, and the operation of such arrangement has been, with the consent of the Ruler of the State of Brunei, extended so as to apply, so far as local circumstances permit, to the mutual surrender of persons accused or convicted of crime between such foreign country and the State of Brunei, the Resident may, by Order promulgated by public notification, direct that this Enactment shall apply in the case of that country during the continuance of the arrangement and of the application thereof to the State of Brunei, and after such Order has been so published, and for so long as the same remains unrevoked, this Enactment shall, subject to the terms of the arrangement and of the application thereof to the State of Brunei, apply accordingly. No such Order shall remain in force for any longer period than the arrangement or the

application thereof to the State of Brunei, and the Resident may, by the same or any subsequent Order, limit the application of this Enactment or render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient, and may at any time, by public notification, revoke any Order published under this section.

(ii.) The public notification of such Order, as in subsection (i) referred to, shall be conclusive evidence in all Courts of Justice that an arrangement exists between His Britannic Majesty and the Ruler of the foreign country specified in the Order for the mutual surrender of persons accused or convicted of crime, and that the operation of such arrangement has been, with the consent of the Ruler of the State of Brunei, extended so as to apply, so far as local circumstances permit, to the mutual surrender of persons accused or convicted of crime between such foreign country and the State of Brunei; and a public notification of the terms of any such arrangement as aforesaid between His Britannic Majesty and the Ruler of a foreign country, and of the terms of the application of any such arrangement to the State of Brunei, and of the termination of any such arrangement or application, shall be conclusive evidence in all Courts of Justice of the facts in such notification appearing.

5. The following restrictions shall be observed with respect to the surrender of fugitive criminals:

(1.) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the Magistrate or of the Resident that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

(2.) A fugitive criminal shall not be surrendered to a foreign country unless provision is made by the law of that country, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to the State of Brunei, be detained or tried in that foreign country for any offence committed prior to his surrender, other than the extradition crime proved by the facts on which the surrender is grounded.

(3.) A fugitive criminal who has been accused of some offence within the State of Brunei, not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the State of Brunei, shall not be surrendered until after he has been discharged, whether by acquittal, or on expiration of his sentence, or otherwise.

(4.) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

6. Where this Enactment applies in the case of any foreign country, every fugitive criminal of that country who is in or suspected of being in the State of Brunei shall be liable to be apprehended and surrendered in manner provided by this Enact

ment, whether the crime in respect of which the surrender is sought was committed before or after the commencement of this Enactment, and whether there is or is not any concurrent jurisdiction in any Court in the State of Brunei over that crime.

7. A requisition for the surrender of a fugitive criminal of any foreign country who is in or suspected of being in the State of Brunei shall be made to the Resident by a diplomatic representative of that foreign country. The Resident may, by Order under his hand and seal, signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

If the Resident is of opinion that the offence is one of a political character, he may, if he think fit, refuse to send any such Order, and may also at any time order a fugitive criminal accused or convicted of such offence to be discharged from custody.

8.-(i.) A warrant for the apprehension of a fugitive criminal, whether accused or convicted of crime, who is in or suspected of being in or on the way to the State of Brunei, may be issued—

(1.) By a Magistrate on the receipt of the said Order of the Resident and on such evidence as would, in his opinion, justify the issue of the warrant if the crime had been committed or the criminal convicted in the State of Brunei; and

(2.) By a Magistrate on such information or complaint, and such evidence or after such proceedings as would, in the opinion of the Magistrate, justify the issue of a warrant if the crime had been committed or the criminal convicted in the State.

(ii.) A Magistrate issuing a warrant under this section without an order from the Resident shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint, or certified copies thereof, to the Resident, who may, if he think fit, order the warrant to be cancelled and the person who has been apprehended on the warrant to be discharged.

(iii.) A fugitive criminal apprehended on a warrant issued without the order of the Resident shall be discharged by the Magistrate, unless the Magistrate, within such reasonable time as with reference to the circumstances of the case he may fix, receives from the Resident an order signifying that a requisition has been made for the surrender of such criminal.

9.-(i.) When a fugitive criminal is brought before the Magistrate, the Magistrate shall hear the case in the same manner, and have the same jurisdiction and powers, as near as may be, as if the prisoner were brought before him accused of an offence committed within his jurisdiction and triable by the Court of the Resident.

(ii.) The Magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused or alleged to have been convicted is an offence of a political character or is not an extradition crime.

10.-(i.) In the case of a fugitive criminal accused of an