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Prohibition on publishing an indecent article to a juvenile.
Prohibition on display of
indecent
matter.
[cf. 1981, c. 42, s. 1.]
(Cap. 52.)
Restriction on publishing
indecent article.
Offences in
relation to interim classification.
Prohibition on
publishing Class III article.
Ord. No. 9/87 CONTROL OF OBSCENE AND INDECENT
ARTICLES
22. (1) Subject to subsection (2), any person who publishes an indecent article to a person who is a juvenile, whether or not he knows that is an indecent article or that such person is a juvenile, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.
(2) It shall be a defence to a charge under this section to prove that- (a) the article the subject of the charge is, or was at the time that the offence is alleged to have been committed, classified as a Class I article;
(b) at the time that the offence is alleged to have been committed, the person so charged inspected an identity card or passport purport- ing to be the identity card or passport of the juvenile and believed on reasonable grounds that the juvenile was not a juvenile; or (c) the indecent article was published in compliance with conditions relating to its publication imposed by a Tribunal under sec- tion 8(2)(c).
23. (1) If any indecent matter is publicly displayed the person making the display and any person causing or permitting the display to be made, whether or not he knows that the matter is indecent, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.
(2) Nothing in this section shall apply in relation to any matter- (a) included in a television broadcast by a company licensed to
broadcast under the Television Ordinance; or
(b) included in the display of an article in a bona fide art gallery or museum and visible only from within that gallery or museum.
24. (1) No person may publish an indecent article unless there is clearly and conspicuously displayed on that article or on a wrapper
enclosing that article, a notice in the following form-
“WARNING: THIS ARTICLE CONTAINS MATERIAL WHICH MAY OFFEND AND MAY NOT BE SOLD TO A PERSON UNDER THE AGE OF 18 YEARS
警告:本物品內容可能有不良成份;本物品不可售給年齡未滿十八歲人士。” (2) Subject to subsection (3), any person who contravenes subsec- tion (1), whether or not he knows that the article is an indecent article, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.
(3) It shall be a defence to a charge under this section to prove that the article the subject of the charge is, or was at the time the offence is alleged to have been committed, classified as a Class I article.
25. Where an article is classified as a Class III article by virtue only of an interim classification, any person who publishes that article, whether or not he knows it has been so classified, commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 3 years.
26. Any person who—
(a) publishes;
(b) possesses for the purpose of publication;
(c) imports for the purpose of publication,
CONTROL OF OBSCENE AND INDECENT ARTICLES
Ord. No. 9/87
A45
my article classified by a Tribunal, other than by virtue only of an interim Assification, as a Class III article, whether or not he knows it has been so classified, commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 3 years.
27. Where, in relation to any article classified as a Class II article, a Restriction on Tribunal has imposed conditions under section 8(2)(c), any person who publishing publishes that article otherwise than in accordance with those conditions, Class II article. whether or not he knows it has been so classified or that those conditions have been imposed, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.
28. It shall be a defence to a charge under this Part in respect of the Defence of publication of an article or the public display of matter if that publication or public good. display, as the case may be, is found by a Tribunal to have been intended for the public good on the ground that such publication or display was in the interests of science, literature, art or learning, or any other object of general
concern.
PART V
DETERMINATION BY A TRIBUNAL
29. (1) A Tribunal shall have exclusive jurisdiction to determine Tribunal to whether-
(a) any article is obscene or indecent;
(b) any matter that is publicly displayed is indecent; or
(c) the ground of defence under section 28 is proved in respect of the
publication of an article or the public display of any matter.
(2) Subject to subsection (3), where in any civil or criminal proceed- ings before a court or magistrate a question arises as to any of the matters mentioned in subsection (1), that court or magistrate shall refer that question to a Tribunal; and the parties to those civil or criminal proceedings and, in the case of proceedings to which a public officer is not a party, the Attorney General or their representatives, may appear and be heard at any hearing of that Tribunal relating to that reference.
(3) Where in any civil or criminal proceedings before a court or magistrate a person admits that an article is obscene or indecent or that any matter publicly displayed is indecent the court or magistrate may accept that admission and so find against that person, and subsections (1) and (2) shall not apply.
have exclusive jurisdiction. [cf. NZ, No. 22 of 1963, s. 12.]
PART VI
APPEALS
30. (1) Any party to any proceedings before a Tribunal may appeal Appeal.
to the High Court against a decision of that Tribunal on a point of law by giving notice of appeal in writing setting out the grounds of that appeal to the Registrar within 14 days of that decision.