C104
FILM CENSORSHIP BILL 1988
12. Clause 13(1) provides for the issue of certificates of approval in respect of films approved for exhibition. Clause 13(2) provides that where a film is not approved for exhibition, the Authority shall give notice of the censor's decision, stating the reasons for that decision, to the person who submitted the film. Clause 13(3) and (4) provides for the procedure to be followed in the case of a film requiring excision because of a matter referred to in clause 10(2), or because the censor is otherwise unable to give the film an appropriate classification under clause 12(1). The procedure is that, after the film is excised, it is approved for exhibition, given a classification under clause 12(1) and issued a certificate of approval.
13. Clause 14 provides for the retention by the Authority of pieces of film excised under the Bill.
14. Part VI comprises clause 15. Clause 15 provides that a film which has been issued a certificate of exemption under clause 9 or a certificate of approval under clause 13 is not to be exhibited unless the certificate (or a legible photocopy thereof) is displayed at the place of exhibition of the film.
15. Part VII comprises clauses 16 to 19. Clause 16 establishes a Board of Review to be chaired by a member of the Board who is not a public officer. The Board will have a majority of members who are not public officers (clause 16(2)(c)). The Board has power to—
(a) review any decision of the Authority or a censor made in respect of any film upon request made by the person who submitted the film (clause 17);
(b) review any decision of a censor which has resulted in the issue of a certificate of approval in respect of any film upon request made by the Authority (clause 18); and
(c) where any film is exhibited in pursuance of a certificate of exemption or a certificate of approval, upon request made by any person who, upon moral, religious, educational or other grounds, is aggrieved by such exhibition, review the decision of the Authority or a censor which resulted in the issue of the certificate concerned (clause 19).
The review referred to in paragraph (c), however, may only be carried out where the Chief Secretary directs the Board so to do after taking into consideration the matters referred to in clause 10(2) in respect of the film concerned (clause 19(2)).
16. In respect of a review under clause 18 or 19 of a film, written representations may be made to the Board by the person to whom the certificate of approval or exemption for the film was issued (clauses 18(2) and 19(3)). In respect of a review under clause 17, 18 or 19, oral representations may be made to the Board by the person to whom the certificate of approval or exemption for the film was issued, or his authorized representative, or both (clauses 17(2)(c)(ii) and (3)(d), 18(3)(c)(ii) and (4)(d) and 19(4)(c)(ii) and (5)(d)).
17. The Board completes a review by issuing directions to the Authority or a censor with respect to the exercise of his functions under the Bill in relation to the matter the subject of the review, or by refusing to issue such directions (clauses 17(3)(i) and (ii), 18(4)(i) and (ii) and 19(5)(i) and (ii)).
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