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section 9
FILM CENSORSHIP BILL 1987
(c) being a person upon whom a notice has been served under subsection (3)(b), fails to comply with any of the requirements of the notice within the period of time specified therein,“.
Delete subsection (3).
Explanatory Memorandum
The object of this Bill is to repeal and replace the provisions relating to the censorship of films presently contained in the Places of Public Entertainment Ordinance, Cap. 172 and in the Film Censorship Regulations. Cap. 172, sub. leg.; and to introduce a new system of fibra classification. The Bill contains 38 clauses divided into 8 Parts and will come into operation on a date to be fixed.
2.
3.
Part I is preliminary and comprises clauses 1 and 2.
Clause 2 provides definitions, including a definition of “film".
4. Part II comprises clauses 3, 4 and 5 which constitute the Film Censorship Authority and provide that there shall be a panel of censors appointed by the Governor. The Authority may appoint censors from the panel for the purpose of examining a film under clause 9.
5. Part III comprises clause 6 and makes it an offence, punishable by a fine of $50,000 and imprisonment for 1 year, for a person to exhibit a film which has not been exempted by the Authority under clause 8 or approved for exhibition by the Authority under clause 15.
6. Part IV comprises clauses 7 to 10 and deals with the censorship of films.
7.
Clause 7 sets out the procedure relating to the submission of films to the Authority.
8. Clause 8 enables the Authority to exempt a film and approve it for exhibition without examining if he is of the opinion that it is of a class or description that is suitable for exemption.
9 Clause 9(2) sets out the principles to be followed by a censor in examining a film. He is required to determine whether in his opinion, the film is or is not suitable for exhibition and in making such determination must consider the following matters---
(a) the manner in which the film portrays, depicts or treats, cruelty, torture, violence, crime, horror, disability, sexuality or indecent or offensive language or behaviour;
(b) the extent to which the film denigrates or insults any particular class of the general public by reference to the colour, race, creed, religious beliefs or ethnic or national origins or the sex of the members of that class; and
(c) the extent to which the film is seriously prejudicial to good
relations with territories outside Hong Kong.
FILM CENSORSHIP BILL 1987
10. The censor must also take into account the soundtrack, if any, of the film and may with the permission of the Authority, consult any person whom he considers may be able to assist him in formulating an opinion relating to the film. Clause 10 permits a person other than a censor to attend the viewing of any film.
11. Part V deals with the approval and classification of films and comprises clauses 11 to 21.
12. In the case where a censor is of the opinion that a film is suitable for exhibition, clause 12 provides that he shall approve it for exhibition and classify it as-
(a) approved for general exhibition to persons of any age;
(b) approved for general exhibition to persons of any age subject to such recommendations relating to the viewing of the film by persons under the age of 18 years as he shall consider appropriate;
Of
(c) approved for exhibition only to persons who have attained the age
of 18 years.
13. In the case where a censor is of the opinion that a film is not suitable for exhibition, clause 13 provides that he shall refuse to approve the film for exhibition and shall record in writing an adequate statement of the reasons for his decision by reference to the relevant provision of clause 9(2).
14. Clause 14 provides that in the case where because of the presence of specified parts in a film, a censor is of the opinion that a film is not suitable for exhibition or, he is unable to appropriately classify the film under clause 12, he shall record in writing the classification he would be prepared to give the film if such specified parts were excised; and an adequate statement of the reasons for his decision by reference to the relevant provision of clause 9(2),
15. Clause 15 provides for the issue of certificates of approval, notices of refusal to approve and notices concerning the excision of specified parts from a film. Under clause 16, the certificate of approval of a film is valid for such period not exceeding 5 years as may be specified in the certificate.
16. Clauses 17 and 18 make provision relating to the retention of excised film and for excisions from copies of films.
17. Clause 19 provides for the making of a declaration in relation to copies of films.
18. Clauses 20 and 21 deal with the examination and the exemption from examination of advertising material intended to be used for the purpose of advertising a film.
19. Part VI deals with the exhibition of films and comprises clauses 22 to 26.
20. Clause 22 provides that a person issued with a certificate of approval shall forward such certificate to the place of exhibition of the film.
21. Clause 23 provides that an exhibitor shall not exhibit a film unless a certificate of approval issued in respect of it is kept displayed during the exhibition of the film.
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