10
11
(Cap. 52.)
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
classification.
(ii) by a person licensed to broadcast under section 8 of the Television Ordinance for the purpose of submitting it to the panel of censors under section 32 of that Ordinance;
(d) under subsection (1)(b) for a defendant to prove that, at the time that offence
is alleged to have been committed, he—
(i) had had no reasonable opportunity to inspect the article the subject of the charge; and
(ii) had reasonable grounds for believing that article was not obscene; and
(e) under subsection (1)(c) for a defendant to prove that, at the time that offence is alleged to have been committed, he had reasonable grounds for believing that the article the subject of the charge was not obscene.
22. (1) Subject to subsection (2), any person who publishes any indecent article to a person who is a juvenile, whether or not he knows that it 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 purporting 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 section 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 subsection (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 relation to 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,
any article classified by a Tribunal, other than by virtue only of an interim classification, 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.
Prohibition on publishing Class III article.
II article.
27. Where, in relation to any article classified as a Class II article, a Tribunal has Restriction on imposed conditions under section 8(2)(c), any person who publishes that article publishing Class otherwise than in accordance with those conditions, 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 publication Defence of public of an article or the public display of matter if that publication or display, as the case good. 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 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 proceedings 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.
PART VI
APPEALS
Tribunal to have exclusive jurisdiction.
[cf. NZ, No. 22 of 1963, s.12.]
30. (1) Any party to any proceedings before a Tribunal may appeal to the High Appeal. 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.
(2) Where notice of appeal is given under subsection (1) the Registrar shall fix a date for the hearing of the appeal which shall not be later than 28 days after the giving of that notice; but if, in the opinion of the Registrar, it is not practicable for him to fix a date within that period he may fix a date not later than 56 days after the giving of that notice.