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Recall of
FILM CENSORSHIP BILL 1987
(3) It shall be a defence to a charge under subsection (2) that the person charged did not know that the advertising material which is the subject of the offence-
(a) had not at any time been exempted by the Authority under section
21; and
(b) had not at any time been approved by the Authority under section
20.
25. (1) The Authority may, by notice in writing served either person- approved films. ally or by registered post on any person being in possession of a film in respect of which a certificate of approval has been issued under section 15, require that person to produce the film to him before the expiry of such time being not less than 24 hours as shall be specified in the notice.
Power of Authority in relation to
recalled films.
Board of
Review.
:)
(2) Any person on whom a notice is served under subsection (1) who fails to produce the film to the Authority before the expiry of the time specified in the notice, commits an offence and is liable to a fine of $10,000 and imprisonment for 6 months.
26. (1) The Authority may deal with any film produced to him by any person under section 25 in the same manner as if it were a film submitted to him by that person under section 7.
(2) Where any person required by the Authority by notice under section 25 to produce a film to the Authority fails to produce such film as so required within the time specified in the notice, the Authority may by notice in writing served either personally or by registered post on such person, revoke the certificate of approval issued under section 15 in respect of such film.
(3) The Authority may by notice in writing served either personally or by registered post on any person who produces a film to him under section 25, revoke the certificate of approval issued under section 15 in respect of the film if he is satisfied that after the issue of such certificate, any film or soundtrack has been added to, excised or erased from the film.
(4) Where a certificate of approval issued under section 15 is revoked under subsection (2) or (3) every copy thereof so issued shall be deemed to be revoked.
PART VII
Board of Review, Appeals and Review of Film
27. (1) There shall be a Board of Review ("the Board") for the purpose of this Part.
(2) The Board shall consist of the following members—
(a) the Secretary for Administrative Services and Information;
(b) 3 other persons being public officers appointed by the Governor;
and
(c) not less than 6 other persons not being public officers appointed
by the Governor.
(3) At any meeting of the Board 6 members shall form a quorum.
(4) The procedure of the Board at any meeting shall be determined by the Board.
FILM CENSORSHIP BILL 1987
(5) The Secretary for Administrative Services and Information shall be ex officio the chairman of the Board, but in the event of his absence from any meeting of the Board, the members present shall appoint one of their number to preside as chairman; and the chairman or person presiding shall have a deliberative and a casting vote.
(6) The Secretary for Administrative Services and Information may from time to time nominate not more than 2 persons who are not members of the Board to attend any meeting or meetings of the Board in an advisory capacity and the Board may consult any such person in reaching its decision but no such person shall have a vote.
28. (1) If any person who submits to the Authority a film under Appeals. section 7 or advertising material under section 20 is aggrieved by a decision of the Authority or a censor made in respect of such film or advertising material, he may by notice in writing which states the grounds of appeal and is delivered to the Secretary for Administrative Services and Information within 28 days of the decision, appeal to the Board against the decision.
(2) The Board, when considering any appeal against any decision of the Authority or a censor-
(a) shall give the appellant and the Authority or a censor an opport-
unity of being heard;
(b) may, in relation to such decision, give directions to the Authority with respect to the exercise by him of any of his functions under this Ordinance, and the Authority shall comply with any such direction; and
..
(c) may order that the appellant pay all or part of the costs of the
appeal.
(3) The Board may adjourn any appeal under this section in respect of any film or advertising material for any period of not less than 6 months and for any further period or periods thereafter but so that the total period of adjournment does not exceed 2 years, and for the purpose of arriving at a decision may require the appellant to have such film or advertising material again submitted to the Authority at any time during the period of adjournment.
(4) Where the Board considers but does not reach a decision on an appeal at any meeting, the Board may consider the appeal at any subsequent meeting, and the appeal may be continued notwithstanding any change in the membership of Board.
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29. (1) Where a film exempted from examination or approved for Request for exhibition under this Ordinance is exhibited, any person who upon moral, review of film. religious, educational or other grounds is aggrieved by the exhibition of the film may, by notice in writing to the Chief Secretary adequately stating the grounds of such opinion, request that such film be reviewed by the Board:
(2) Unless an appeal has already been made to the Board under section 28 in respect of a film mentioned in subsection (1), the Chief Secretary may, subject to such conditions as he may think fit, including a condition that the person who requested the review give security for all or part of the costs of the review, order that the film shall be reviewed by the . Board.