CONFIDENTIAL

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機密

13.

Old clauses 25 and 26 which gave the Authority power to recall and re-examine approved films have been deleted. The provisions have been criticised as allowing the Authority the opportunity repeatedly to re-examine films until he obtains the "desired" results.

14.

Clause 20 - Restriction on publication or display of advertising material. It has been slightly amended to require the defendant to make reasonable inquiries to ascertain whether a certificate has been issued.

15.

Clause 21 Board of Review. It has been slightly amended. The previous wording of not less than six other persons not being public officers', which provided no upper limit to the number of non-official members has been amended to 'six other persons not being public officers'. The previous version would raise the quite unintended expectation that more than 6 non-official members might be appointed. A number greater than 6 would further distort the balance between official and non-official membership.

16.

This

Clause 29 - Inspection and enforcement. clause has been recast and an obligation placed on an inspector to produce, on request, proof of identity.

17.

Clause 31

Authority may issue replacement certificates. This new clause provides for the replacement of certificate which has been destroyed, lost or stolen.

18.

Clause 34 - Regulations.

Changes in sub-clause (1) are consequential in nature. Sub-clause (2) provides for the prescription of fees for the examination of films on a full cost-recovery basis.

19.

Clause 36 - No liability in the case of the bona fide exercise of functions under this Ordinance. This is a new clause, along standard lines, absolving persons involved in the bona fide exercise of functions under the Ordinance from any liability.

20.

Clause 37 - Transitional. Provision has been made to provide for films and material censored under the Film Censorship Regulations to be treated as if the new Ordinance did not exist. The transitional period will last for a period of 12 months. Within that period, distributor may submit previously censored films to be dealt with under the new Ordinance free of charge. This provides for a clean cut-off from old practices and minimizes confusion to the public.

CONFIDENTIAL

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