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(Cap. 371.)
(Cap. 172, sub. kg.)
Film
Censorship Authority.
Panel of
censors.
Appointment
of censors.
FILM CENSORSHIP BILL 1987
"cigarette advertisement" has the meaning assigned to it by section 14 of the
Smoking (Public Health) Ordinance.
"exhibitor", in relation to any film, means a person who screens or arrang
or organizes the screening of, or assists any other person to screen arrange or organize the screening of the film at any premises
(u) designed as a theatre or cinema in respect of which a licence has been issued under regulation 3(2) of the Places of Public Entertain- ment Regulations; or
(b) to which-
(1) the public are invited or have access; or
(ii) any person has access by reason of the fact of being a member of a club, society, company, partnership or association of persons, incorporated or unincorporated,
and “exhibit” and “exhibition” shall be construed accordingly;
"film" includes
(<) a still blm;
(b) a cinematograph film, a videotape, and any other material record of visual moving images that is capable of being used for the subsequent projection of those images on to any screen;
(c) any reproduction of any such film;
(d) any excerpt or part of any such film;
(e) a short film or trailer used primarily for advertising any film; and "functions" includes powers and duties.
PART II
APPOINTMENT OF FILM Censorship AUTHORITY AND CENSORS
3. (1) There shall be a Film Censorship Authority who shall be such public officer as the Governor may appoint for the purposes of this Ordinance.
(2) Until an appointment is made under subsection (1), the Commis- sioner for Television and Entertainment Licensing shall be the Authority.
(3) The Governor may give directions to the Authority, generally or in a particular case with respect to the exercise by him of any of his functions under this Ordinance, and the Authority shall comply with any such direction.
4. (1) There shall be a panel from which censors may be appointed under this Ordinance.
(2) The panel shall consist of such persons as the Governor may appoint and any such appointment shall be notified in the Gazette.
5. (1) The Authority may appoint such censors as may from time to time be necessary for the purposes of this Ordinance.
(2) · A censor shall carry out the functions assigned to him under this Ordinance.
FILM CENSORSHIP BILL 1987
(3) The practice and procedure in and in connexion with the carrying out of the functions assigned to a censor under this Ordinance shall be determined by the Authority.
PART III
Restriction on ExhibitTION OF FILMS
6.
(D) No person shall exhibit any film--
(a) which has not at any time been exempted by the Authority under
section 8; and
(b) which has not at any time been approved for exhibition by the
Authority under section 15.
(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $50,000 and imprisonment for 1 year.
PART IV
CENSORSHIP OF FILMS
I
A
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Restriction on
exhibiting films unless exempted from
examination or approved for exhibition.
7. (1) Every film intended for exhibition in Hong Kong shall be Films to be submitted to the Authority for exemption under section 8 or examination submitted to under section 9.
Authority before (2) Every film submitted to the Authority under subsection (1) shall— exhibition. (a) be submitted at such place as the Authority may direct together
with-
(i) a statement as to the number of copies of such film in the possession of the person submitting the film; and
(ii) where excisions have been made to the film prior to submission, full particulars of any such excisions and the reasons therefor and the pieces of film so excised; and
(b) be submitted-
(i) in such manner,
(ii) subject to the payment of such deposit;
(iii) together with such information and particulars,
as may be prescribed.
(3) Every piece of excised film submitted to the Authority under subsection (2)(v) shall, in the case where he issues a certificate of approval under section 15, be retained by him for the period of validity of the certificate; and in the case where he does not issue a certificate of approval under section 15, be returned by him to the person who submitted the film under this section.
8. (1) The Authority may exempt any film submitted under section 7 Authority may without first examining it if it is, in his opinion, of a class or description that exempt films is for the time being suitable for exemption.
from
(2) An exemption under this section shall be subject to such condi- tions, if any, as the Authority may impose.
examination.