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36.
One last point I should like to make concerns the proposals by some groups for clear legal definition of "obscenity" and "indecency" and for the OAT to promulgate comprehensive guidelines on standards adopted. I am grateful to the Bills Committee for their understanding and agreement not to pursue these proposals. As we have explained at length to the Bills Committee, any attempt to define "obscenity" and "indecency" in law would be unworkable, contrary to the common law tradition and would lead to numerous unnecessary litigations. To require the OAT to promulgate comprehensive guidelines on standards, as explained by the Chief Magistrate in writing to the Bills Committee, will run contrary to the principle of judicial independence and the spirit of the "public standards test".
Mr President, let me assure Members that we will be closely monitoring the effectiveness of the amendment legislation after it is enacted, and as always will continue our enforcement, publicity and educational efforts to tackle the problem of indecent articles on all fronts.
Mr President, I now commend this Bill to Members subject to the amendments I intend to move at the Committee Stage. Thank you.
End/Wednesday, July 19, 1995
Control of Obscene Article Bill: committee stage
Following is the speech by the Secretary for Recreation and Culture, Mr James So, at the committee stage of the Control of Obscene and Indecent Articles (Amendment) Bill 1995 in the Legislative Council today (Wednesday):
Mr President,
I move that the clauses specified be amended as set out in the order paper circulated to Members.
To prevent publishers from circumventing the requirement to give their particulars, especially their proper address, on the cover of an article by simply putting down a postal box number, clause 5(b)(1B) of the Bill is amended to require the display of the full address of the place of business of the publisher. A definition for "place of business" is added under clause 2 following the meaning used in the Business Registration Ordinance.