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The amendments to clause 5(a) of the Bill reflect the revised proposal on wrappers, so that only indecent articles with indecent cover designs or packaging are mandatorily required to be sealed in opaque wrappers. Indecent articles with cover designs or packaging which are not indecent shall be enclosed in transparent wrappers. Clauses 5(b) (1A), (1C) and (ID) are consequential to the revised proposals on
wrappers.
The amendments to clauses 5(b)(1E) and (1F) and clause 10 give effect to the Hon Eric Li's suggestions. The amendment to clause 5(b)(1F) pins down the definition of "publisher" to include those who control or manage the printing, manufacturing or reproduction of an indecent article. The amendment to clause 5(b)(1E) creates a new offence attracting a maximum fine of $50,000 and imprisonment for 6 months to penalise any person who wilfully or knowingly allows his name to be used as the publisher of an indecent article, when in fact he is not. The combined effect of these changes will reduce the chance of surrogates being used by unscrupulous publishers to bypass restrictions imposed on them by this Bill.
The amendments to clause 10 empower inspectors of the Television and Entertainment Licensing Authority (TELA) as defined in clause 2 to seize indecent articles in public places, thus facilitating street level surveillance and monitoring. Clauses 11, 12(c), 13 and 14 are consequential changes as a result of the amendment to clause 10 to ensure that the additional power conferred on TELA inspectors can be used effectively to enforce the Ordinance.
Mr President, I beg to move.
Mr President,
r
I move that new clauses 2A, 2B and 2C as set out under my name in the paper circulated to Members be read the second time. The new clauses 2A, 2B and 2C are to improve the operation of the Obscene Articles Tribunal (OAT) as explained in my earlier speech at the Resumption of the Second Reading Debate of this Bill. Under new clauses 2B and 2C(c), the QAT shall identify the part or parts of an article which give rise to an "obscene" or "indecent" classification. Under new clauses 2A and 2C(a) and (b), the minimum number of adjudicators will be increased from two to four at two types of full hearings. Besides, adjudicators who sat at an interim hearing of an article shall not be competent to sit as a member of the Tribunal at a full hearing to review the classification of the same article.
Mr President, I beg to move.
End/Wednesday, July 19, 1995