PRINTED AND PUBLISHED BY H. MYERS, GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING DEPARTMENT, HONG KONG
CONTROL OF OBSCENE AND INDECENT
Ord. No. 9/87
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ARTICLES
CONTROL OF OBSCENE AND INDECENT ARTICLES
ORDINANCE 1987
ARRANGEMENT OF SECTIONS
Section
Page
PART
PRELIMINARY
1.
Short title and commencement
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2.
Interpretation
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3.
4.
Ordinance not to apply in case of certain films and advertising material Effective date of classification and conditions
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PART II
OBSCENE ARTICLES TRIBUNALS
5.
Panel of adjudicators
6.
Appointment of Obscene Articles Tribunals
7.
Membership of Tribunal
8.
Jurisdiction
9.
Immunity
10.
Guidance to Tribunal
11.
Powers
12.
Offences relating to a Tribunal
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PART III
CLASSIFICATION OF ARTICLES BY A TRIBUNAL
13.
Submission of article to Tribunal
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14.
Interim classification
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...
15.
Requirement for full hearing
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16.
Full hearing to be in public...
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17.
Reconsideration of article
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18.
Publisher etc. to give notice of classification
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19.
Registrar to give notice
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20.
20
Registrar to keep repository
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PART IV
OFFENCES
21.
Prohibition on publishing obscene articles
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22.
Prohibition on publishing an indecent article to a juvenile
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23.
Prohibition on display of indecent matter...
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24.
Restriction on publishing indecent article...
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25.
Offences in relation to interim classification
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Ord. No. 9/87
CONTROL OF OBSCENE AND INDECENT ARTICLES
Section
26.
Prohibition on publishing Class III article
27.
Restriction on publishing Class II article
28.
Defence of public good
Page
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PART V
DETERMINATION BY A TRIBUNAL
29.
Tribunal to have exclusive jurisdiction...
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PART VI
APPEALS
30.
Appeal
31.
Procedure on hearing appeal
:
CONTROL OF OBSCENE AND INDECENT ARTICLES
HONG KONG
No. 9 of 1987
L.S.
I assent.
Ord. No. 9/87
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David AKERS-JONES,
Acting Governor. 19 February 1987
An Ordinance to control articles which consist of or contain material that is obscene or indecent (including material that is violent, depraved or repulsive), to establish tribunals to determine whether an article is obscene or indecent, or whether matter publicly displayed is indecent, and to classify articles as obscene or indecent or neither obscene nor indecent, and for matters incidental thereto.
{
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
PART VII
ENFORCEMENT
32.
Presumptions relating to publication
33.
Proof of certain matters ...
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34.
Search and seizure under warrant...
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35.
Ancillary powers of officers under warrant
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36.
Seizure by member of Customs and Excise Service
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37.
Detained article to be taken before magistrate
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38.
Obstruction
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39.
Liability to forfeiture
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40.
Order for forfeiture...
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41.
Procedure in relation to forfeiture...
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42.
Obliteration of indecent matter
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.
43.
Procedure in relation to obliteration
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PART VIII
RULES, REGULATIONS AND THE POWERS OF THE REGISTRAR
44.
Chief Justice may make rules...
45.
Powers of Registrar...
46.
Regulations
47.
48.
PART IX
MISCELLANEOUS
Repeal of Objectionable Publications Ordinance Transitional
:
PART I
PRELIMINARY
1. (1) This Ordinance may be cited as the Control of Obscene and Short title and Indecent Articles Ordinance 1987.
(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
commencement.
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2. (1) In this Ordinance, unless the context otherwise requires—
Interpretation.
"adjudicator" means an adjudicator appointed to the panel of adjudicators
under section 5;
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"application" means an application under section 13 and “applicant❞ shall
be construed accordingly;
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Ord. No. 9/87
CONTROL OF OBSCENE AND INDECENT ARTICLES
[cf. 7 & 8 Eliz. 2 c. 66, s. 1(2).]
[cf. 1964, c. 74, s. 2(1).]
CONTROL OF OBSCENE AND INDECENT
ARTICLES
Ord. No. 9/87
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"article" means any thing consisting of or containing material to be read
looked at or both read and looked at, any sound recording, and film, video-tape, disc or other record of a picture or pictures; "assisting officer" means any police officer or any member of the Customs and Excise Service assisting an authorized officer under section 34(2) in the execution of a warrant;
"authorized officer" means any person authorized by a warrant issued under
section 34;
"classification" means a classification by a Tribunal under Part III and includes an interim classification and "classified" shall be construed accordingly;
"full hearing" means a full hearing of a Tribunal under section 15; “interim classification” means an interim classification made by a Tribunal
under section 14;
"juvenile” means a person under the age of 18 years;
"panel of adjudicators" means the panel of adjudicators established under
section 5;
"presiding magistrate" means a magistrate appointed to preside under
section 7;
"Registrar" means the Registrar of the Supreme Court;
"Tribunal" means an Obscene Articles Tribunal appointed under section 6; "warrant" means a warrant issued under section 34(1).
(2) For the purposes of this Ordinance—
(a) a thing is obscene if by reason of obscenity it is not suitable to be
published to any person; and
(b) a thing is indecent if by reason of indecency it is not suitable to be
published to a juvenile.
(3) For the purposes of subsection (2), “obscenity” and “indecency" include violence, depravity and repulsiveness.
(4) For the purposes of this Ordinance, a person publishes an article if he, whether or not for gain-
(a) distributes, circulates, sells, hires, gives or lends the article to the
public or a section of the public;
(b) in the case of an article-
(i) consisting of or containing material to be looked at; or
(ii) that is a sound recording or a film, video-tape, disc or other record of a picture or pictures,
shows, plays or projects that article to or for the public or a section of the public.
(5) For the purposes of subsection (4)—
(a) "article" includes anything which is intended to be used, either alone or as one of a set, for the purpose of manufacturing or reproducing an article; and
(b) "person" and "public" include, respectively, a person having the control or management of anything which is or purports to be a
club, and the members of that club.
(6) For the purposes of this Ordinance, in determining whether any [cf. 1981, c. 42, matter publicly displayed is indecent--
s. 1(5).]
(a) there shall be disregarded any part of that matter which is not
exposed to view; and
(b) account may be taken of the effect of juxtaposing one thing with
another.
(7) Any matter which is displayed in or so as to be visible from—
(a) any public street or pier, or public garden; and
(b) any place to which the public have or are permitted to have access (cf. 1981, c. 42,
(whether on payment or otherwise) except a place to which the s. 1(2).] public are permitted to have access only on payment which is or includes payment for a display of indecent matter,
shall for the purposes of this Ordinance be deemed to be matter publicly displayed.
3.
This Ordinance shall not apply in relation to any--
(a) film approved by the Film Censorship Authority under the Film
Censorship Regulations;
(b) film permitted to be broadcast under section 32 of the Television
Ordinance; or
(c) poster, picture, figure or text of any advertisement approved for publication by the censor under regulation 8 of the Film Censor- ship Regulations.
4.
For the purposes of this Ordinance-
(a) the classification of any article or matter shall not be regarded as taking effect until notice of that classification is given by the Registrar in accordance with section 19(2); and
(b) conditions shall not be regarded as imposed under section 8(2)(c) until notice thereof is given by the Registrar in accordance with section 19(2).
5.
PART II
OBSCENE ARTICLES TRIBUNALS
Ordinance not
to apply in case of certain films and advertising material. (Cap. 172, sub. leg.) (Cap. 52.)
Effective date of classification and conditions.
(1) For the purposes of this Ordinance, there shall be established Panel of
adjudicators.
a panel of adjudicators.
(2) The panel of adjudicators shall consist of such eligible persons as are, from time to time, appointed to it by the Chief Justice by notice in writing.
(3) For the purpose of subsection (2), a person shall be eligible to be appointed to the panel of adjudicators if, in the opinion of the Chief Justice, he is----