5
cf. 7 & 8 Eliz. 2 c. 66, s. 1(2).]
[cf. 1964, c. 74, s. 2(1).]
[cf. 1981, c. 42, s. 1(5).]
[cf. 1981, c. 42, s. 1(2).]
Ordinance not to apply in case of
certain films and advertising material.
(Cap. 172, sub. leg.) (Cap. 52.)
Effective date of classification and conditions.
(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 matter publicly displayed is indecent-
(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 (whether on payment or otherwise) except a place to which the 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 Censorship Regulations.
4.
(a)
For the purposes of this Ordinance—
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 accord- ance 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).
PART II
OBSCENE ARTICLES TRIBUNALS
5. (1) For the purposes of this Ordinance, there shall be established a panel of Panel of adjudicators.
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—
(a) ordinarily resident in Hong Kong and has so resided for at least 7 years; and
(b) proficient in written English or written Chinese.
(4) A person appointed under subsection (2) shall be a member of the panel of adjudicators for such period, not exceeding 3 years, as may be specified in his notice of appointment and shall be eligible for reappointment.
(5) A member of the panel of adjudicators may resign by giving notice in writing to the Chief Justice.
(6) The name of any adjudicator may be removed from the panel of adjudica- tors by the Chief Justice by notice in writing if that adjudicator—
(a) ceases to be ordinarily resident in Hong Kong;
(b) is convicted of any offence;
(c) is declared a bankrupt; or
(d) in the opinion of the Chief Justice, neglects or is unable to perform his duty.
(7) The Chief Justice shall give notice in the Gazette of--
(a) any appointment by him under subsection (2); and
(b) any removal of the name of an adjudicator by him under subsection (6).
6.
(1) The Registrar may appoint such number of tribunals as may from time Appointment of
to time be necessary for the purposes of this Ordinance.
(2) A tribunal appointed under this section shall be known as an Obscene Articles Tribunal.
Obscene Articles Tribunals.
7. (1) A Tribunal shall consist of the following persons appointed by the Membership of Registrar-
(a) a magistrate who shall preside; and
(b) 2 or more adjudicators selected from the panel of adjudicators.
(2) Subject to subsection (3), in the event of any difference between the members
of a Tribunal, the decision of that Tribunal shall be that of the majority of them or, in
the event that they are equally divided, that of the presiding magistrate.
(3) Any point of law arising during any proceedings before a Tribunal shall be determined by the presiding magistrate who shall give reasons therefor in writing.
8.
Tribunal.
(1) In relation to any article, or any matter publicly displayed, referred to it Jurisdiction.
by a court or magistrate under Part V a Tribunal may determine whether-
(a) the article is obscene or indecent;
(b) the matter 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.