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HONG KONG LEGISLATIVE COUNCIL 18 May 1988
But this assurance will present difficulties to the censors in future, for films that are unsuitable for children nowadays include those which can only be described as adult films and belong only in category III in the future scheme of things. I suggest therefore-that the Government clarifies this point, but more impor- tantly, ensures consistency and clarity in standards by spelling out in simple terms for the censors as well as the trade what constitutes category III. The application of these terms would obviously require common sense. This would not only save a lot of time and argument in the long run, but also establish a fairness and consistency in our system of censorship which are necessary to gain the trust and support of the trade and the public.
An outstanding matter which I believe has not been resolved at this time is an unanswered question raised by the trade as to what constitutes reasonable precautions (as contained in clause 20(3)). I can understand the Adminis- tration's reluctance to be involved in a definition, given that whatever definition will not have any legal effect, and at the end of the day it will be up to the courts to decide whether precautions taken have indeed been reasonable.
However, as it will be the inspectors under the Commissioner for Television and Entertainment Licensing who will be enforcing this part of the Bill, and as 'reasonable precaution' is a defence, it is not an excessive request to ask the department concerned to familiarise itself with the practice to be generally adopted by the trade, and to indicate whether in its view such practice is reasonable.
Up to last week, I have still received views put forward by the trade that enforcement of admission for category III films might still present grave problems. However, it is difficult to accept that what has worked elsewhere cannot work equally well here, if the censors get it right. We need to watch it closely to see whether the new system achieves the original objective of liberalising censorship standards for adults without causing unnecessary hard- ship. We also need to watch closely the actual workings of inspections, where we have five inspectors covering 124 cinemas and screens on a permanent basis, an arrangement which can give rise to various problems. I would much prefer to see seconded officers from a disciplined service to take on this rather thankless and difficult task on a rotation basis. I urge the Administration to give it serious consideration.
Sir, I support the motion.
DR. LAM (in Cantonese): Sir, allow me to refer to article 19 of International Covenant on Civil and Political Rights. Section 2 of the article states that everyone shall have the right to freedom of expression. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers either orally, in writing, or in print, in the form of art or through any other media of his choice.