MONDAY, MAY 27, 1985
5
NEARLY ALL PROSECUTIONS FOR PORNOGRAPHY WERE BROUGHT
UNDER THIS PROVISION AND IN EVERY CASE, THE CONVICTION DEPENDED ON THE COURT BEING SATISFIED THAT THE ARTICLE WAS EITHER INDECENT OR OBSCENE OR REVOLTING.
THESE ORDINARY WORDS PROBABLY MEANT DIFFERENT THINGS TO DIFFERENT PEOPLE, MR THOMAS SAID. THEY DID NOT HAVE ANY PRECISE MEANING WHICH COULD BE APPLIED SCIENTIFICALLY TO THE WRITTEN WORD OR TO A PHOTOGRAPH.
ALL THAT THE LAWYERS HAD TO GO ON IN DECIDING WHETHER TO PROSECUTE, OR IN ADVISING CLIENTS WHETHER THEY WERE COMMITTING AN OFFENCE IN SELLING AN ARTICLE, OR IN ADVISING THOSE ACCUSED WHETHER OR NOT TO PLEAD GUILTY WAS A 1977 HONG KONG COURT OF APPEAL DECISION THAT IN INTERPRETING THESE WORDS THE MAGISTRATE HAD TO EXERCISE THE COMMUNITY'S CONSCIENCE AND TREAT HIMSELF AS REPRESENTING THE COMMUNITY'S FEELINGS IN THE MATTER.
+SMALL WONDER THEN THAT SO MANY HAWKERS AND DEALERS HAD RECENTLY BEEN UP IN ARMS BECAUSE THE POLICE HAD MOVED IN TO PROSECUTE PUBLICATIONS WHICH FOR SOME TIME APPEARED TO HAVE GAINED RESPECTABILITY FROM THE FACT THAT THEY HAD NOT BEEN SUBJECT TO PROSECUTION.
REFERRING TO RECENTLY PUBLISHED GUIDELINES THAT WERE USED FOR DECIDING WHETHER OR NOT TO REFER DOUBTFUL PUBLICATIONS TO THE CROWN PROSECUTOR FOR LEGAL ADVICE, MR THOMAS SAID, +THESE MAKE IT CLEAR THAT THE DISPLAY OF A HUMAN BODY IN ITSELF IS NOT OBJECTIONABLE, BUT MIGHT BECOME SO IF MINORS ARE INCLUDED OR IF SEXUAL ACTS OF ANY FORM INCLUDING HOMOSEXUAL OR LESBIAN PRACTICES ARE DISPLAYED.
+PERVERTED BEHAVIOUR, EXCESSIVE VIOLENCE, CRUELTY AND MATTERS OF A REVOLTING NATURE WILL ALSO JUSTIFY ACTION ON HIS PART.
+A STRICT VIEW WILL BE TAKEN WHERE MAGAZINES ARE LIKELY TO BE READ BY CHILDREN.
WHILE THESE GUIDELINES MIGHT WELL ASSIST THOSE WHO TRADED IN SALACIOUS MATERIAL, IT WOULD STILL REMAIN FOR THE CROWN PROSECUTUR IN THE ATTORNEY GENERAL'S CHAMBERS TO TAKE A FINAL VIEW ON THE PROSPECTS OF SECURING A CONVICTION,
MR THOMAS ALSO SAID THAT HE DID NOT THINK THAT THERE WAS ANY EVIDENCE TO SUPPORT THE THOUGHT SOMETIMES THAT EXPATRIATE MAGISTRATES APPLIED MORE LIBERAL STANDARDS THAN THOSE PREVAILING IN THE COMMUNITY.
MANY CASES WERE TRIED BY HONG KONG CHINESE MAGISTRATES AND THE RESULTS WERE THE SAME, HE SAID.
0
16