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WEDNESDAY, JULY 14, 1993
IN THE COURSE OF EXAMINING THE BILL BY THE BILLS COMMITTEE, MEMBERS RAISED A NUMBER OF ISSUES, ONE OF WHICH RELATED ΤΟ THE INCREASE IN FINES FOR EXHIBITING A CATEGORY III FILM TO A PERSON BELOW 18 YEARS OF AGE FROM $10,000 TO $50,000.
ALTHOUGH MEMBERS HAD GENERALLY AGREED THAT PENALTIES FOR THIS OFFENCE MUST BE
SET AT A REALISTIC LEVEL ΤΟ ACHIEVE THE DESIRED DETERRENT EFFECT, THE HONG KONG THEATRE ASSOCIATION RAISED STRONG OBJECTIONS, ARGUING THAT IT WAS DIFFICULT FOR THEM TO ENFORCE THIS PROVISION.
IN RESPONSE TO THIS OBJECTION, MR SO SAID, THE FILM CENSORSHIP AUTHORITY HAD ADOPTED A SYSTEM WHEREBY A WARNING LETTER WOULD BE ISSUED TO REMIND CINEMA OPERATORS OF THEIR LEGAL RESPONSIBILITIES WHEN AN OFFENCE WAS FIRST DETECTED.
PROSECUTION ACTION WOULD ONLY BE TAKEN WHEN DETECTED ON A THIRD AND SUBSEQUENT OCCASION.
AN OFFENCE WAS
TO ENSURE THAT SUCH WARNING LETTERS WILL NOT HANG OVER THE HEADS OF A CINEMA OPERATOR FOREVER, SUCH LETTERS WILL BE INVALIDATED AFTER TWO YEARS IF DURING THAT PERIOD THE CINEMA OPERATOR HAS NOT BEEN FOUND TO HAVE COMMITTED A FURTHER BREACH, MR SO SAID.
"THE AUTHORITY WILL BE FORMALISING THIS ARRANGEMENT TO GIVE CINEMA OPERATORS CLARITY AND CERTAINTY."
ON THE ASSOCIATION'S ARGUMENT THAT UNDERAGED CATEGORY ΙΙΙ FILMS SHOULD BEAR SOME THEMSELVES, MR SO DID NOT AGREE.
PERSONS VIEWING
OF THE RESPONSIBILITIES
HE CONSIDERED THAT THE PRESENT PRACTICE OF GIVING VERBAL WARNINGS TO MINORS WHEN FOUND VIEWING A CATEGORY III MOVIE, AND THE POSSIBILITY OF REQUIRING THEM TO APPEAR AS WITNESSES IN COURT SHOULD SERVE AS ADEQUATE DETERRENTS TO THE YOUNGSTERS.
THE SECRETARY ALSO SHARED MEMBERS' CONCERN OVER THE CORRUPTING INFLUENCE OF THE RATHER EXPLICIT PICTURES AND WORDINGS APPEARING THE PACKAGE OF VIDEOTAPES AND LASERDISCS.
ON
THE
HE PROPOSED TO INCLUDE A NEW SECTION IN THE BILL REQUIRING PACKAGING OF VIDEOTAPES AND LASERDISCS MADE FROM ALL CATEGORY III FILMS TO BE SUBMITTED TO THE FILM CENSORSHIP AUTHORITY FOR SCRUTINY.
A CERTIFICATE WILL BE ISSUED REGARDING THE PACKAGING SUBMITTED AND ANY PERSON WHO PUBLISHES OR DISPLAYS SUCH PACKAGING WITHOUT A VALID CERTIFICATE COMMITS AN OFFENCE AND IS LIABLE то A FINE OF $50,000 AND IMPRISONMENT OF SIX MONTHS, MR SO WARNED.
MEMBERS OF THE BILLS COMMITTEE HAD ASKED THAT SECTION 10(2)(C) OF THE FILM CENSORSHIP ORDINANCE REQUIRING A FILM TO BE CENSORED IF IT SERIOUSLY DAMAGED GOOD RELATIONS WITH OTHER TERRITORIES, BE REPEALED ON GROUNDS THAT IT WAS INCOMPATIBLE WITH THE BILL OF RIGHTS ORDINANCE.
NOT
ACCORDING TO LEGAL ADVICE, MR SO SAID, THE PROVISION WAS INCOMPATIBLE WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS OR THE HONG KONG BILL OF RIGHTS ORDINANCE.
/HOWEVER, HE