XN000022-1986-10-09 — Page 6

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THURSDAY, OCTOBER 9, 1986

MR SO SAID HE DID NOT CONSIDER PRACTICAL OR DESIRABLE THE SUGGESTION THAT ONE WAY TO OVERCOME THE DEFINITION PROBLEM WAS FOR THE GOVERNMENT TO LAY DOWN DETAILED GUIDELINES TO ASSIST MEMBERS OF THE TRIBUNAL,

NOTING THAT THE STANDARDS OF MORALITY, DECENCY AND PROPRIETY CHANGED WITH TIME, HE SAID THAT TO TRY TO LAY DOWN DETAILED GUIDELINES IN THE LAW WOULD CERTAINLY RESULT IN CONSTANT AMENDMENTS IF SUCH GUIDELINES WERE TO REFLECT THE COMMUNITY'S STANDARDS OF MORALITY AND PROPRIETY OF THE TIME.

+ THE RULINGS OF THE TRIBUNAL WILL ESTABLISH A SERIES OF CASE LAWS FOR FUTURE REFERENCE, AND IN TIME A PATTERN WILL EMERGE PROVIDING CLEAR GUIDANCE TO ALL, HE SAID.

FURTHERMORE, HE SAID, IT WAS THE GOVERNMENT'S INTENTION TO CARRY OUT PUBLIC SURVEYS FROM TIME TO TIME TO ASSESS THE PUBLIC'S PERCEPTION OF ACCEPTABLE MORAL STANDARDS AND THESE SURVEY RESULTS WOULD HELP TO GUIDE MEMBERS OF THE TRIBUNAL IN THEIR ASSESSMENTS.

ON THE COMPOSITION OF THE TRIBUNAL, MR SO SAID IT WAS IMPORTANT TO MAINTAIN A BALANCE, NOT ONLY IN TERMS OF SEX, AND SOCIAL AND ECONOMIC BACKGROUNDS, BUT ALSO OF AGE AND EDUCATIONAL STANDARDS.

+HENCE, IT IS PROPOSED THAT THE PANEL WILL HAVE AS MANY AS 80 MEMBERS DRAWN FROM ALL WALKS OF LIFE AND COVERING A GOOD SPREAD OF ALL AGES, BELIEFS AND SEX,+ HE SAID.

AS REGARDS THE VIEWS THAT THERE WAS A LACK OF ANY REQUIREMENT IN THE BILL FOR A PUBLISHER TO BE COMPELLED TO SUBMIT ARTICLES TO THE TRIBUNAL FOR CLASSIFICATION BEFORE PUBLICATION, MR SO SAID COMPULSORY SUBMISSION COULD HAVE THE EFFECT OF STIFLING THE FREEDOM OF EXPRESSION AND PUBLICATION.

THE

+THUS IN DECIDING ON VOLUNTARY SUBMISSION, THE GOVERNMENT AT THE SAME TIME PROPOSES VERY SEVERE PENALTIES AS A DETERRENT. BILL PROPOSES A PENALTY OF A FINE OF $1 MILLION AND THREE YEARS IMPRISONMENT FOR ANY PUBLISHER PUBLISHING AN OBSCENE ARTICLE,+ HE SAID.

THIS HEAVY PENALTY WOULD CERTAINLY ACT AS A STRONG DETERRENT AGAINST THOSE WHO ATTEMPTED TO EXPLOIT THE VOLUNTARY SUBMISSION PROVISION IN THE BILL.

+IT WILL ALSO PERSUADE PUBLISHERS TO SUBMIT AN ARTICLE TO THE TRIBUNAL FOR CLASS IF ICATION BEFORE PUBLICATION WHENEVER IN DOUBT, HE SAID.

MR SO SAID THE GOVERNMENT WAS STUDYING THE PROVISIONS OF THE BILL IN THE LIGHT OF THE MANY PUBLIC COMMENTS RECEIVED BEFORE IT WOULD BE PUT BEFORE THE LEGISLATIVE COUNCIL.

HE APPEALED TO ORGANISATIONS OR MEMBERS OF THE PUBLC WHO WISHED TO COMMENT ON THE BILL AND HAD NOT YET DONE SO TO SEND THE IR VIEWS TO HIS OFFICE.

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