5
Addition of section 21.
Deletion and replacement of Schedule.
17. The principal Ordinance is amended by adding after section 20 following-
"Amendment of Schedule.
21. The Governor in Council may, by notice published in the Gazette, amend the Schedule.".
18. The Schedule to the principal Ordinance is deleted and replaced by the following
“SCHEDULE
PUBLICATIONS EXCLUDED FROM DEFINITION
OF NEWSPAPER
Description
Commercial articles and circulars.
Consumer information and Consumer Council reports.
Promotional articles of any description.
Cartoons.
Item
1.
Price lists.
2.
Sales catalogues.
3.
Advertising brochures.
4.
5.
Company prospectuses.
6.
Company reports.
7.
Advertisements.
8.
9.
10.
Trade catalogues.
11.
Bona fide religious articles.
12.
Almanacs.
13.
14.
Comic strips.
15.
Photographic images.
16.
Maps.
17.
Charts.
18.
Tables.
19.
20.
21.
22,
Hobby magazines.
23.
Fashion magazines.
24.
Financial and taxation reports.".
Consequential amendment. (Cap. 371.)
[ss. 2 & 21.]
Sheet music.
Articles containing racing tips.
Newsletters of clubs, societies, trade unions or other organizations.
19. Section 2 of the Smoking (Public Health) Ordinance is amended in the definition of ""newspaper", "local newspaper" and "printed document"" by deleting "Control of Publications Consolidation" and substituting the following—
"Registration of Local Newspapers".
Explanatory Memorandum
The object of this Bill is to remove from the principal Ordinance the provisions which relate to the control and suppression of local newspapers as the conditions which led to their original enactment in 1951 no longer exist. The provisions in the principal Ordinance which relate to the registration of local newspapers and news agencies are retained and amended.
2.
Clause 2 of the Bill replaces the long title to the principal Ordinance and use 3 replaces the short title to highlight the change in emphasis from one of control and suppression of local newspapers to merely one of registration.
3. Clause 4 amends certain definitions in the principal Ordinance and deletes others as unnecessary. The definition of "newspaper" is qualified by a new Schedule which excludes various publications (e.g. sales catalogues and company reports) which would otherwise be registrable.
4. Clause 5 repeals sections 3, 4, 5 and 6 of the principal Ordinance. Section 3 makes it an offence to print or publish publications of a certain character (e.g. persuading persons to become members of political parties established outside Hong Kong). Section 4 relates to the suppression of newspapers and to the suspension of their publication and section 5 prohibits the importation of publications thought to be prejudicial to the security of Hong Kong. Section 6 relates to the malicious publication of false news (e.g. bomb hoaxes) and a similar provision will be inserted in the Public Order Ordinance (Cap. 245) to deal with this problem.
5. Clause 6 repeals and replaces section 7 which relates to the registration of local newspapers. The deposit requirement is removed.
6.
Clause 7 repeals sections 8, 9 and 10 of the principal Ordinance. Section 8 relates to the refusal by the Registrar to register local newspapers or to his decision to suspend their registration. Section 9 relates to the refusal by the Registrar to register news agencies or to his decision to suspend their registration and section 10 relates to the power to seize printing presses.
7.
Clauses 8, 11, 12, 14 and 15 make consequential amendments to sections 12, 15, 16, 18 and 19.
8. Clause 9 deletes section 13(1) as a consequential amendment to the removal of the control and suppression provisions. Section 13(2) (presumption of printer) is retained as new section 13.
9. Clause 10 repeals section 14 which sets out search, seizure and forfeiture provisions.
10. Clause 13 replaces the very long and complex section 17 (which deals with the delivery of copies of newspapers to the Registrar and evidential matters) by two new sections 17 and 17A.
11. Clause 16 amends section 20 by increasing fines from $2,000 and $10.000 (both fixed in 1951) to $5,000 and $15,000 respectively.
12. Clause 17 adds a new section 21 giving the Governor in Council power to amend the new Schedule.
13. Clause 18 replaces the existing Schedule (which is no longer applicable as a consequence of the removal of the control and suppression provisions) by a new Schedule. The new Schedule lists the publications which are excluded from the definition of "newspaper".
14. Clause 19 makes a consequential amendment to the Smoking (Public Health) Ordinance (Cap. 371).
15. An increase in fees under the Newspaper Registration and Distribution (Amendment) Regulations 1987 and the New Agencies (Registration) (Amendment) Regulations 1987 will produce a small increase in revenue. Otherwise, the Bill has no financial or Public Service staffing implications.