C106
FILM CENSORSHIP BILL 1988
18. Part VIII comprises clauses 20 to 33 which provide for enforcement and miscellaneous provisions.
19. Clauses 20, 21 and 22 provide for various offences. Clause 23 provides for the appointment of inspectors for the purposes of the Bill and sets out the powers of such inspectors. Clause 24 provides for a censorship mark as evidence that a film in connection with which it is displayed has been approved under the Bill. Clause 25 provides for the issue of replacement certificates for certificates issued under the Bill which have been destroyed, lost or stolen. Clause 26 is an evidentiary provision. Clause 27 provides that any film submitted or produced under the Bill, or the excision of any film under the Bill, shall be at the risk and expense of the person submitting or producing the film concerned. Clause 28 provides that public officers specified in the Schedule may exercise or discharge any of the functions of the Authority except the Authority's function at clause 6(2) to appoint advisers. Clause 29 provides for the making of regulations. Clause 30 provides that the Secretary for Administrative Services and Information may issue guidelines for censors indicating the manner in which it is proposed that censors exercise their functions under the Bill. Clause 31 provides that no liability shall be incurred by any public officer in the bona fide exercise or purported exercise of any of his functions under the Bill.
20. Clause 32 is transitional. The essential effect of the clause is that where before the commencement of the Bill any film or advertising material has been submitted or otherwise dealt with under the various regulations made under the Places of Public Entertainment Ordinance (Cap. 172) dealing with film censorship then such film or advertising material shall be subject to the provisions of the Film Censorship Regulations 1987 (L.N. 154/87) as in force immediately before its revocation under clause 33(2). However, any such film may be submitted under the Bill to be dealt with anew. It should be noted that, unlike the Film Censorship Regulations 1987, the Bill contains no provisions requiring submission of advertising material. Such material will, however, be subject to the provisions of the Control of Obscene and Indecent Articles Ordinance (9 of 1987), except any such material which has been approved for publication or exhibition under the revoked regulations within the meaning of clause 32(3). (See the amendment made to that Ordinance by clause 33(4)(a)).
21. Clause 33 makes consequential amendments to the Places of Public Entertainment Ordinance (Cap. 172), the Television Ordinance (Cap. 52) and the Control of Obscene and Indecent Articles Ordinance (9 of 1987), and revokes the Film Censorship Regulations 1987 (L.N. 154/87).
22. The cost of the introduction of the new scheme of film censorship is not quantifiable at this stage, but it is estimated that the implementation of the inspection and enforcement provisions of the Bill will require the appointment of 5 inspectors involving a recurring expenditure of $594,700
per annum.