For discussion
on 26 November 1985
Introduction
CONFIDENTIAL
XCC(85)156 Copy No...
MEMORANDUM FOR EXECUTIVE COUNCIL
THE CONTROL OF OBSCENE AND VIOLENT PUBLICATIONS
Annex A
1...
Publications of an
indecent, obscene or revolting nature or which are harmful to juveniles are prohibited under the Objectionable Publications Ordinance, Chapter 150. The decision as to whether a particular article falls within the definition of the ordinance is one which, following prosecution, must currently be made by a Magistrate. In reaching this decision, the Magistrate is required to reflect the local community conscience rather than applying his Own personal standards.
2
This memorandum sets out possible options for the improved control of obscene and violent publications and seeks Members' advice as to whether these options should form the basis of a discussion paper for general public consultation. At the end of the consultation period, the Administration would undertake to seek Council's advice again with firm recommendations, having regard to the views expressed, including those from the District Boards.
Background
3
in
In January 1984, a Magistrate, in the course of
on the delivering judgment, expressed reservations
way which the present system operated and suggested that a widely based tribunal would be
be better able to reflect community standards than a single judge.
4.
In November 1984, the Attorney General, in reply to a question in the Legislative Council from the Hon. Rita Fan, stated that there would be merit in establishing a permanent and more broadly based tribunal, reflecting different cultural backgrounds and developing a consistency of approach to decide whether particular articles submitted to it are in themselves objectionable. In
month, inter-departmental working group under the chairmanship of the Assistant to the Attorney General was set up to examine the possibility of establishing a tribunal
conclusive rulings,
the
subject to
each from
same
the
which
an
would the
Administrative
provide
on appeal, indecency or otherwise
otherwise of publications. The working group comprised Services and Information Branch, the Royal Hong Kong Police Force and the Customs and Excise Department.
representative a
CONFIDENTIAL