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+ANYONE WOULD BE ABLE TO PRESENT A DOUBTFUL ARTICLE FOR DECISION, EITHER THE POLICE OR THOSE CONCERNED WITH LAW ENFORCEMENT, OR PUBLISHERS, WHOLESALERS AND RETAILERS OF PUBLICATIONS WHO WISH TO KNOW WHERE THEY STAND IF THEY DEAL IN THE ARTICLE.
+ARRANGEMENTS WOULD BE MADE TO PREVENT PRE-PUBLICATION VETTING
IF THE TRIBUNAL FROM HOLDING UP DECISIONS ON PUBLISHED MATERIAL. APPLYING THE LEGAL DEFINITION DECIDED THAT THE ARTICLE WAS OBJECTIONABLE, THEN THEY WOULD HAVE THE POWER TO ORDER IMMEDIATE SEIZURE OF IDENTICAL ARTICLES, MR THOMAS SAID.
TO SAVE TIME, A PRELIMINARY RULING COULD BE GIVEN BY THE CHAIRMAN OR THE DEPUTY CHAIRMAN, BUT ANY INTERESTED PARTY WOULD HAVE THE RIGHT TO SEEK THE DECISION OF THE FULL TRIBUNAL CONSISTING OF FOUR PERSONS IF THEY WERE DISSATISFIED, MR THOMAS SAID.
IT
ONCE THE TRIBUNAL HAD RULED THAT AN ARTICLE WAS OBJECTIONABLE, THEN IT WOULD BECOME A DECISION BINDING UPON THE COURTS IN THE EVENT OF PROSECUTION, IN SUBSEQUENT CRIMINAL PROCEEDINGS, WOULD STILL BE FOR THE PROSECUTION TO PROVE THAT THE PERSONS ACCUSED HAD COMMITTED AN OFFENCE BY PUBLISHING OR DEALING IN THE ARTICLES, BUT IT WOULD NOT THERE BE OPEN FOR ANY PERSON TO CHALLENGE THE CORRECTNESS OF THE TRIBUNAL'S DECISION THAT THE ARTICLE WAS OBJECTIONABLE. IN A CONVICTION, THE COURT COULD PROCEED TO PASS AN APPROPRIATE SENTENCE, MR THOMAS SAID,
THE CURRENT THINKING OF THE WORKING GROUP WAS THAT SOME ADDITIONAL PROTECTION WAS NEEDED FOR YOUNG PEOPLE.
+ACCORDINGLY, IT IS POSSIBLE THAT THEY WOULD RECOMMEND THAT POWERS SHOULD BE GIVEN TO THE TRIBUNAL TO RULE, FOR EXAMPLE, THAT AN ARTICLE IS NOT OBJECTIONABLE PROVIDED ITS SALE IS RESTRICTED TO THOSE OF ADULT YEARS, SAY OVER 18 YEARS OF AGE, AND, ADDITIONALLY, TO IMPOSE OTHER RESTRICTIONS UPON THE PUBLIC DISPLAY OF SUCH MATERIAL, + MR THOMAS SAID.
THESE PROPOSALS, HE STRESSED, WERE STILL UNDER CONSIDERATION IN THE WORKING GROUP, AND WERE INTENDED TO REMEDY SHORTCOMINGS IN THE PRESENT SYSTEM.
MR THOMAS SAID THAT MACHINERY OF THIS KIND WOULD NOT REMOVE FROM HONG KONG ALL PUBLICATIONS THAT OFFENDED THE SENSIBILITY OF +PORNOGRAPHY'S SEVEREST CRITICS+.
+BUT AT LEAST THEY WOULD STENGTHEN THE POWER TO ENFORCE THE LAW, THEY WOULD CUT DOWN THE TIME TAKEN TO DETERMINE THAT AN ARTICLE IS OBJECTIONABLE. AND THEY SHOULD INCREASE PUBLIC CONFIDENCE IN THE CONSISTENCY OF STANDARDS APPLIED AND ENSURE THAT THEY REFLECT THOSE PREVAILING IN THE COMMUNITY, + MR THOMAS SAID.
THE FROBLEM