Traduction de «translation of sous-paragraphe » (Français → Anglais) :

Mr. Lee moved, - That Clause 22 be amended by replacing lines 24 to 36 on page 12 with the following: " money by Her Majesty, the Governor in Council may, subject to the Act authorizing the raising of the money, authorize the Minister to borrow the money by any means that the Minister considers appropriate (2) The aggregate principle amount of money borrowed by the Minister under this section in any fiscal year may not exceed the amount that is specified by order of the Governor in Council for that fiscal year (3) Subject to any terms and conditions that the Governor in Council may specify, the Minister may enter into any contract or agreement, issue securities and do any other thing relating to the borrowing of money that the Minister cons ...[+++]iders appropriate. 4) Subsection (3) applies with respect to anything done in relation to borrowings under this section, as it read immediately before the coming into force of this subsection, as though the borrowing were done under subsection (1)" .

14. Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 13, ships are not required to carry on board or to produce the certificate required by paragraph 2 when entering or leaving ports in its territory, provided that the State Party which issues the certificate has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 13.

For a trade mark to possess distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94, it must serve to identify the product in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish that product from those of other undertakings (see, in relation to Article 3(1)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), a provision which is identical to Article 7(1)(b), Joined Cases C-53/01 to C‑55/01 Linde and Others [2003] ECR I-3161, ...[+++]paragraph 40).

Under clause 95, certain other decisions could be reviewed as sentences under clause 94: the imposition of additional conditions of supervision or conditional supervision (see below, clauses 97(2) and 105(1)); a decision by the youth justice court to detain the young person beyond the custodial portion of the sentence (see below, clauses 98(3) and 104(1)); and the cancellation of a young person’s supervision or conditional supervision in the community as a result of a breach of conditions (see below, clauses 103(2)(b) and 109(2)(b)).

Unless the appellate court ordered otherwise, certain findings and orders of the youth justice court that followed a conviction would all have to be part of the same appeal proceeding: a finding that an offence was a “serious violent offence” (clause 42(9)); a decision on an application for or against the imposition of an adult sentence (clause 72(1)); a decision on an application for a publication ban on information that could identify a young person dealt with under the bill (clause 75(3)); or a decision on the custodial placement of a young person who had received an adult sentence of imprisonment (clause 76(1)).

To help ensure that youth justice courts follow the foregoing restrictions and pre-conditions attaching to the imposition of a custodial sentence, clause 39(9) would require the sentencing court to give reasons why a non-custodial sentence would be inadequate for achieving the purpose of youth sentencing in clause 38(1) (above), including, in the case of a custodial sentence imposed under clause 38(2)(d), the reasons why the case is exceptional.