HC Deb 18 June 1935 vol 303 cc245-6

6.37 p.m.

Mr. COOPER

I beg to move, in page 7, line 28, to leave out "concern or institution," and to insert "person."

The Amendments to this Clause are purely drafting, and are necessary owing to the technicalities of legal language. Apparently, in the opinion of those best qualified to advise us, "concern or institution," would not include the individual or person, whereas the word "person" in legal language would include a concern or institution. The Amendment will make the position perfectly plain, and enable us to carry out the international obligations into which we have entered.

Amendment agreed to.

Five consequential Amendments made.

Mr. COOPER

I beg to move, in page 9, line 16, at the end, to add: and for the purposes of this section a person carrying on business shall be deemed to be established in the country in which his principal place of business is situated, and any other person shall be deemed to be established in the country in which he is resident. This Amendment is also of a drafting character. It is necessary for legal purposes to define exactly what "established" means, and the words proposed to be added will explain the position satisfactorily.

6.39 p.m.

Sir S. CRIPPS

What is the effect of the Amendment? Sub-section (2) says: A cinematograph film produced by a concern or institution established in a foreign country shall be certified by the Board of Education under this Section if the Board are satisfied that the film is entitled to exemption from Customs Duty under the Convention for facilitating the international circulation of films of an educational character. Suppose an American company which has its chief place of business in America produces the film in a British studio, is it the intention that such a film shall be deemed to be American and imported into this country, or will the fact that the film is produced in this country, irrespective of its being produced by a foreign company, make it a British film? I am not clear whether the intention is to make it a foreign film if it is produced here by a foreign company, or to make it a British film.

Mr. COOPER

I do not think that that point has been closely considered. The object of the Clause is to make it plain that if a film is produced here, the nationality of the producers shall be decided by where their principal place of business is. In the instance quoted by the hon. and learned Member it would be difficult to say which was their principal place of business; perhaps it would be the place where the film was actually produced. But it is a legal point upon which legal opinion varies.

Sir S. CRIPPS

Perhaps the Financial Secretary will look into that matter, because it obviously may raise difficulties in the future.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.