XCC(86)125
(a)
(b)
Page
8
it is questionable whether the prosecution of minors is right in principle as the objective of the proposed amendment is to protect this class of persons; and
since the Juvenile Offenders Ordinance (Chapter 226) provides that it shall be conclusively presumed that no child under the age of seven years can be guilty of an offence and that in common law, a child between the
of ages
seven and 14 is incapable of forming the necessary criminal intent, in practice, only children between 14 and 18 could be prosecuted in most cases.
Further, there is presently no provision in any other ordinance which provides for the prosecution of minors for entering vice establishments or for reading obscene publications. The Administration therefore considers that it would be unduly harsh to penalise underage persons for viewing Category III films (e.g. a conviction in court might prejudice their future
for opportunities
overseas study and
It is employment). considered that
that the onus should be left on the management of the cinema to ensure that the law is complied with.
Future censorship standards
18
The Authority has completed a large-scale opinion through consultancy
a
out
the
It is
study
find firm to
what
under should be
the new classification censorship standards system. The findings of the survey are now available. likely that there will be some relaxation in standards for Category III films, but that Category II films will be subject to similar censorship standards those presently applied to films certified as 'not suitable for children'.
Practicability of the proposal
19
as
above
are
now
As all Hong Kong residents aged 15 or required to carry proof of identity at all times, the proposal should not present practical difficulties in verifying the age of patrons. The Authority's inspecting
inspecting officers will be able to verify whether patrons comply with the age restriction for Category III films.
20
of five
An
carried out in experiment
1982, with the the trade,
the cooperation of
trade, tested
practical aspects
of age at to persons below 18 years denying admission cinemas
three showing
different films.
experiment considered a success although it must be borne in mind that the
experiment was
а
voluntary
one
enforcement during the trial period.
The
and that
there
was
was
no