XN000022-1985-05-29 — Page 29

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WEDNESDAY, MAY 29, 1985

HE POINTED OUT THAT UNDER THE OBJECTIONABLE PUBLICATIONS ORDINANCE, A PUBLISHER INCLUDED ANY PERSON WHO PRINTED, DISTRIBUTED, CIRCULATED OR SOLD THE ARTICLE TO THE PUBLIC.

HE ALSO EXPLAINED THAT THE GOVERNMENT WAS NOT IN A POSITION TO GIVE A DEFINITIVE OPINION ON WHETHER SOMETHING WAS OBJECTIONABLE BECAUSE THIS WAS FOR THE COURT TO DECIDE.

MR LEE QUOTED AN APPEAL COURT JUDGEMENT WHICH SET OUT THE TEST OF 'OBJECTIONABLENESS' - +THE MAGISTRATE MUST EXERCISE THE COMMUNITY'S CONSCIENCE AND TREAT HIMSELF AS REPRESENTING THE COMMUNITY'S FEELINGS IN THE MATTER. IF, WITH THESE FEELINGS IN MIND, THE PUBLICATION APPEARS TO HIM TO BE OFFENSIVE, THEN HE SHOULD TREAT IT AS SUCH+.

HE POINTED OUT THAT OVER THE LAST YEAR OR SO, THE SPATE OF CHEAP, LOCALLY PRODUCED PORNOGRAPHIC MAGAZINES AND COMICS HAD BECOME A MATTER OF INCREASING CONCERN FOR THOSE WHO HAD DIRECT CONTACTS WITH JUVENILES AND SCHOOL CHILDREN.

+THE CLAMOUR IS A CLEAR INDICATION TO GOVERNMENT THAT THE CONTENTS OF THESE MAGAZINES, DEPICTING, AS THEY DO, OBSCENITY IN BAD TASTE, PERVERTED BEHAVIOUR AND MATTERS OF A REVOLTING NATURE, HAVE OFFENDED THE RECOGNISED STANDARDS OF PROPRIETY, HE SAID.

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IT WAS IN THIS CONTEXT THAT THE GOVERNMENT'S SURVEILLANCE HAD INCREASED AND THE POLICE HAD BEEN BUSY WITH INVESTIGATIONS. +INVESTIGATIONS ARE, INEVITABLY, INVOLVED AND TIME-CONSUMING, AND GOVERNMENT IS NOT PERSUADED THAT WARNINGS AND REQUESTS FOR SELF-DISCIPLINE FROM AMONG THE VENDORS WILL PRODUCE RESULTS.

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+HENCE, THE RECENT SEIZURE ACTION AT NEWSPAPER STANDS. CAN ASSURE YOU THAT THE RECENT DECISION TO STEP UP ACTION WAS NOT TAKEN LIGHTLY, AND WE STRESS THAT THESE MEASURES, EFFECTIVE AND PERHAPS UNFAIR AS SOME MAY SAY, WILL CONTINUE UNTIL A MORE PERMANENT AND SATISFACTORY SOLUTION IS FOUND, MR LEE SAID.

ON MATTERS OF INTERPRETING WHAT THE COMMUNITY FOUND 'OBJECTIONABLE', MR LEE SAID IT WAS BEST FOR THE GOVERNMENT TO BE RESPONDING TO A SITUATION PROMPTLY AND EFFECTIVELY.

+COMMUNITY STANDARDS WILL CHANGE, AS REFLECTED IN PUBLIC OPINION SURVEY RESULTS, AND AS LONG AS GOVERNMENT REMAINS RESPONSIVE AND RECEPTIVE, THE PUBLIC CAN REST ASSURED THAT THERE IS NO LACK OF DETERMINATION TO TACKLE THIS PROBLEM AND TO ACCORD IT WITH THE PRIORITY IT DESERVES, HE SAID.

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