Page:Copyright Ordinance 1973 (Cap. 39).pdf/6

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A16
Ord. No. 5/73
COPYRIGHT

(3) Nothing in this section shall be construed as requiring any person to give any information which may incriminate him.

Affidavit evidence. 9. (1) An affidavit which—

(a) purports to have been made by or on behalf of the owner of a work or other subject matter in which copyright subsists under the Act; and
(b) states that—
(i) at a time specified therein copyright subsisted in the work or other subject matter;
(ii) the person named therein is the owner of the copyright in the work or other subject matter; and
(iii) a copy of the work or other subject matter exhibited to the affidavit is a true copy of the work or other subject matter,

shall, if it complies with subsection (3), be admitted without further proof in any proceedings under the Act or this Ordinance.

(2) The court before whom an affidavit is produced under subsection (1) shall presume, until the contrary is proved—

(a) that the statements made therein are true; and
(b) that it was made and authenticated in accordance with subsection (3).

(3) An affidavit for the purposes of this section shall be—

(a) made on oath—
(i) before a magistrate or a notary public if it is made at any place within the Commonwealth; or
(ii) before a consular officer of Her Majesty's Government in the United Kingdom or a notary public if it is made at any place outside the Commonwealth; and
(b) authenticated, so far as relates to the making thereof, by the signature of the magistrate, notary public or consular officer before whom it is made.

Time limit for prosecutions. 10. No prosecution for an offence under the Act or this Ordinance shall be commenced after the expiration of three years after the commission of the offence or one year after the discovery thereof, whichever date last occurs.

Governor’s power to amend the Schedule. 11. The Governor may, by notice in the Gazette, amend the Schedule.