BRITISH CINEMATOGRAPH FILMS ORDINANCE

BRITISH CINEMATOGRAPH FILMS ORDINANCE

CHAPTER 53.

BRITISH CINEMATOGRAPH FILMS.

To provide for the exhibition, of Brilish cinematograph films and to
restrict the advance booking of cinematograph films.

[25th April, 1947.]

PART I.

Preliminary.

1. This Ordinance may be cited as the British Cinema-

tograph Films Ordinance.

2. In this Ordinance-

'British films' means all cinematograph films registered in
Great Britain as British films after 1940 under the
Cinematograph Films Act, 1938;

'Controller' means the person appointed under the provisions of
section 3 to be the Controller of the exhibition of
cinematograph films;

'exhibitor' means the person or persons carrying on the busibess
of exhibiting cinematograph films to the public at a cinema
theatre to which this Ordinance applies;

'film' means a cinematograph film;

'quota period' means each consecutive and succeeding period of
seventy days the first period of which shall be calculated
from the coming into force of this Ordinance;

'serial films' or 'series of films' means a serial cinematograph
film or series of cinematograph films consisting of a number
of parts not exceeding thirteen each of which does not
exceed two thousand feet in length, and which are intended
to be exhibited on successive dates at intervals not
exceeding fourteen days.

3. The Governor in Council by notification in the

Gazette may, appoint either by name or as holding any office

for the time being a person to be the Controller of the

exhibition of cinematograph films.





4. This Ordinance applies to-

(a)all cinema theatres known in the cinematograph film trade as
'first run theatres', that is to say, cinema theatres ordinarily
shewing English language films for the first time in the town
or locality in which they are situate;

(b)all cinema theatres known in the cinematograph film trade as
'second run theatres', that is to say, cinema theatres
ordinarily shewing English language films for the second
time in the town or locality in which they are situate.

PART II.

British Film Quota.

5. (1) Subject to any exemption granted under sub-section (2), British
films, one of which shall be at least five thousand feet long, of a total
length of not less than eight thousand feet shall be exhibited at every
public performance on not less than seven days in each quota period
at every, cinema theatre to which this Ordinance applies which is open
to the public during any quota period or part thereof.

(2) If, by, reason of a shortage of British films or for any other
reason, it shall appear to the Controller that it will be impossible or
unreasonable, during an), quota period, for the requirements of
subsection (i) to be complied with in respect of any cinema theatre to
which this Ordinance applies, the Controller may, upon such terms as
he may think fit to impose, grant in respect of such cinema theatre such
partial or complete exemption from compliance with the requirements of
subsection (i) as shall appear to him reasonable. Any decision made by
the Controller under the provisions of this subsection shall be final and
conclusive.

6. Every exhibitor shall furnish to the Controller-

(a)during the first seven days of each quota period a written
statement as to the manner in which, subject to the terms
upon which any exemption under subsection (2) of section 5
may have been granted, it is proposed to comply with the
requirements of subsection (i) of section 5 during such quota
period, and





(b)during the first seven days of the second quota period and
thereafter during the first seven days of each succeeding
quota period, a declaration as to the manner in which,
subject to the terms upon which any exemption under
subsection (2) of section 5 may have been granted, the
requirements of subsection (i) of section 5 were complied
with during the last preceding quota period.

PART III.

Advance Booking.

7. No person shall give any such undertaking (whether for a
consideration or not and whether orally or in writing) as would, if it
were legally binding on him, impose on him an obligation, either actual
or contingent, to take delivery of any film for public exhibition at a
cinema to which this Ordinance applies at a date later than six months
after the date on which he gives the undertaking: Provided that in
relation to anv serial film this section shall not operate so as to restrict
the making of an agreement in so far as it provides for any part of the
serial film or series being exhibited after three parts thereof have been
exhibited to the public in a cinema theatre to which this Ordinance
applies.

8. An agreement shall be invalid if and so far as it purports to
impose on any person an obligation, either actual or contingent, to
take delivery of a film for public exhibition at a cinema theatre to which
this Ordinance applies at a date later than six months after the date on
which the agreement is made: Provided that the provisions of this
section shall not apply in relation to any agreement the making of
which is unrestricted by virtue of the proviso to section 7.

PART IV.

Offences and Penalties.

9. Any person who-

(a)contravenes or fails to comply with any of the provisions of
this Ordinance or any term upon





which exemption is granted under the provisions of
subsection (2) of section 5 ; or

(b)makes any false statement in a declaration furnished in
accordance with paragraph (b) of subsection (i) of section 6,

shall be guilty of an offence and liable on conviction upon indictment
to a fine of seventy thousand dollars and to imprisonment for six
months, or upon summary conviction to a fine of five thousand dollars
and to imprisonment for three months.

10. Without prejudice to the provisions of section 42 of the
Magistrates Ordinance, and section 95 of the Criminal Procedure
Ordinance, any person who attempts to commit any offence against
this Ordinance or solicits or incites or endeavours to persuade another
person to commit an offence or does any act preparatory to the
commission of an offence shall be guilty of an offence, and shall be
liable to the same punishment and to be proceeded against in the same
manner as if he had committed the offence.

11. Where a person convicted of an offence against this
Ordinance is a body corporate, the chairman and every director and
every officer of such body corporate at the time such offence was
committed shall be guilty of that offence, unless he proves that the act
or omission constituting the offence took place without his knowledge
or consent.

12. (1) Any person who would have been liable under this
Ordinance to any pecuniary penalty for anything done or omitted if
such thing had been done or omitted by him personally shall be liable
to the same penalty if such thing has been done or omitted by his
partner, agent, or servant, acting in the capacity of partner, agent or
servant.

(2) Where any employer is charged with an offence against this
Ordinance, he shall be entitled to have any other person whom he
charges as the actual offender brought before the Court and if, after the
commission of the offence has been proved, the employer proves to
the satisfaction of the court-

(a)that he has used due diligence to enforce the execution of
this Ordinance, and





(b)that the said other person had committed the
offence in question without his knowledge, consent,
or connivance,
that other person shall be convicted of such offence and the
employer shall be exempt from any penalty. The person so
convicted shall, in the discretion of the court, be also liable
to pay any costs incidental to the proceedings.
19 of 1947. Short title. Interpretation. (1 & 2 Geo. 6, c. 17.) Power to appoint a Controller. Cinema theatres to which Ordinance applies. British films to be shown on 7 days in each quota period. Controller may grant exemption. Exhibitors to furnish statements and declarations as to compliance with section 5. [s. 6 cont.] Restriction on advance booking of films. Invalidation of agreements involving advance booking. Penalties. Attempts and acts preparatory to commission of offences. (Cap. 227.) (Cap. 221.) Offences by corporations. Responsibility for acts of partners. Agents, and servants. Power of employer to exempt himself on conviction of actual offender. [s. 12 cont.]

19 of 1947. Short title. Interpretation. (1 & 2 Geo. 6, c. 17.) Power to appoint a Controller. Cinema theatres to which Ordinance applies. British films to be shown on 7 days in each quota period. Controller may grant exemption. Exhibitors to furnish statements and declarations as to compliance with section 5. [s. 6 cont.] Restriction on advance booking of films. Invalidation of agreements involving advance booking. Penalties. Attempts and acts preparatory to commission of offences. (Cap. 227.) (Cap. 221.) Offences by corporations. Responsibility for acts of partners. Agents, and servants. Power of employer to exempt himself on conviction of actual offender. [s. 12 cont.]

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