XN000022-1986-08-13 — Page 13

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WEDNESDAY, AUGUST 13, 1986

HOWEVER, AS OTHER ARTICLES (SUCH AS THREE-DIMENSIONAL OBJECTS) WOULD CLEARLY DEFY DECENT WRITTEN DESCRIPTION IN A PUBLIC NOTICE, THE TRIBUNAL COULD REFUSE TO CLASSIFY SUCH ARTICLES.

IN THE DETERMINATORY PROCESS ARTICLES WOULD BE REFERRED BY A COURT TO THE TRIBUNAL IN THE COURSE OF OTHER PROCEEDINGS (SUCH AS APPLICATIONS FOR FORFEITURE OR PROSECUTIONS). IN SUCH CASES THE COURT WOULD BE OBLIGED TO ACCEPT THE TRIBUNAL'S RULING AND THERE WOULD BE NO PUBLIC NOTIFICATION OF THE DETERMINATION.

THE BILL PROPOSES THAT INTERIM RULES BY THE TRIBUNAL SHOULD BE MADE WITHIN FIVE DAYS WITH ONE POSSIBLE EXTENSION OF FIVE DAYS AND A FULL HEARING TO BE ARRANGED AT THE REQUEST OF ANY DISSATISFIED PARTY WITHIN FIVE DAYS OF THE INTERIM RULING. APPEALS, ON POINTS OF LAW ONLY, MAY BE MADE TO A JUDGE IN THE HIGH COURT.

MR HSU SAID THAT THE REGISTRAR, SUPREME COURT, WOULD PUBLISH IN LOCAL NEWSPAPERS THE RULINGS OF THE TRIBUNAL AND THAT THE NEWSPAPERS REGISTRATION UNIT OF THE ADMINISTRATIVE SERVICES AND INFORMATION BRANCH WOULD ALSO ADVISE DISTRIBUTORS OF THE RULINGS.

TO FURTHER PROTECT VENDORS, WHO MAY BE UNAWARE OF ANY CLASSIFICATION DECISION, IT WAS PROPOSED THAT THE DISTRIBUTOR OF ANY ARTICLE WHICH HAD BEEN CLASSIFIED AS CLASS I OR CLASS II (RESTRICTED) MATERIAL SHOULD BE REQUIRED TO FURNISH THE VENDOR WITH A COPY OF THE TRIBUNAL'S RULING AND IN RESPECT OF CLASS II ARTICLES ANY CONDITIONS IMPOSED UPON ITS PUBLICATION.

HE ADDED THAT THE BILL ALSO PROVIDES FOR THE ESTABLISHMENT OF A REPOSITORY OF ARTICLES CLASSIFIED, THE ACCESS TO WHICH WOULD BE CONTROLLED BY THE REGISTRAR OF THE SUPREME COURT. THE FACILITY WOULD ALLOW PEOPLE WITH BONA FIDE INTERESTS TO EXAMINE PAST CLASSIFICATIONS TO HELP THEM DECIDE ON THEIR LIKELY APPLICABILITY

MR HSU TO ARTICLES THEY MAY POSSESS OR ARE CONSIDERING PUBLISHING. SAID THIS SHOULD ENCOURAGE A GREATER DEGREE OF SELF-REGULATION AND, IN TURN, REDUCE THE CASELOAD OF THE TRIBUNAL.

OBSCENE MATERIAL ON BUILDINGS OR OTHER STRUCTURES ARE ALSO COVERED IN THE BILL AND A MAGISTRATE MAY ORDER THAT OWNERS REMOVE OR OBLITERATE THE OFFENDING MATERIAL FROM THE STRUCTURE.

MR HSU SAID THAT THE PROPOSED PENALTIES RELATING TO THE PUBLICATION OR IMPORTATION OF ANY OBSCENE ARTICLE HAD BEEN INCREASED SUBSTANTIALLY TO A MAXIMUM FINE OF $1 000 000 AND THREE YEARS IMPRISONMENT. PREVIOUSLY THE FINE WAS $100 000 AND MR HSU SAID THE RELATIVELY HIGH MAXIMUM FINE TOOK INTO CONSIDERATION THE HIGH DEGREE OF PROFITABILITY OF OBSCENE PUBLICATIONS.

THE BILL IS EXPECTED TO BE PUBLISHED ON FRIDAY (AUGUST 15) AND DEBATED IN THE NEXT SESSION OF THE LEGISLATIVE COUNCIL.

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