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1 Obscene Publications: Replies of Governments to the Questionnaire concerning the Draft Convention of 1910 1 (1923)

handle is hein.unl/oprgq0001 and id is 1 raw text is: 

C.  P. 0.  1.


                                LEAGUE OF NATIONS







               OBSCENE PUBLICATIONS




                              Replies   of  Governments

     to the   Questionnaire concerning the Draft Convention of 1910.





                      QUESTIONNAIRE SENT BY THE SECRETARIAT


    Question i. - Does Article i of the draft Convention include all the offences relating to the
trade in obscene publications and other pornographic objects which ought to be made punish-
able by the internal legislation of each country by virtue of an international convention ?
    Question 2.- Is it desirable: (a) to include in the Convention a definition of the word obscene
or (b) to leave the States to give to the word the legal signification which seems to them right ?
    Question 3. - Should the Convention provide for the extradition of offenders in the case of
serious offences ? (If the answer is in the affirmative, what are the characteristics by which
such offences should be determined ?)
    Question 4. - Does the Law  of your State admit of the expulsion of foreigners who are en-
gaged in the trade in obscene publications or other pornographic objects or who are convicted
of any of the offences specified in Article i of the draft Convention ?
    Question 5. - Does the experience gained in regard to the trade in obscene publications and
other pornographic objects in your country indicate: (a) that it is necessary to provide, as in
Article 2 of the draft Convention, that persons should be liable to punishment in one country
for offences committed partly or wholly in another country, or (b) that it would be sufficient if
States undertook to punish only the offences committed in their own territories ?
    (N.B.-  The  answer to this question depends to some extent on the answers to questions 3
and 4.  It may be pointed out that the International Arrangement of May 4th, 1910, provides
for the exchange of full information where offences are committed partly in one country and
partly in another.)
    Question 6. - Should  there be a clause in the Convention requiring the legislation of each
State to give power to search any premises where there is reason to believe that obscene publica-
tions or other pornographic objects are being made or stored ?
    Question 7. - Should  there be a clause in the Convention requiring the legislation of each
country to provide for the seizure and destruction of obscene publications or other pornographic
objects ?
    Question 8. - Is it desirable that the Convention should provide special protection for minors
either: (a) by increasing the penalties where the offence is committed in respect of minors, or
(b) by making  certain offences punishable in respect of minors which would not be punishable
in the case of adults ? If the answer to either question is in the affirmative, what definition
should be given to the word minors ?
    Question 9. - Are there any other matters, other than those mentioned above, which ought
to be dealt with in a Convention on obscene publications and objects ? If the answer is in the
affirmative, piease indicate them.
    Question 10. -  (a) Would your Government  be prepared to accept the present draft Conven-
tion as it stands ?
     (b) If your Government could only accept the present draft Convention under reservations,
can you  state the exact nature of such reservations ?


S. d. N. 850 (F.) + 850 (A.) 7/23. Imp. Kundig.

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