XN000022-1987-01-14 — Page 3

WEDNESDAY, JANUARY 14, 1987

PORNOGRAPHY BILL REFLECTS WISHES OF COMMUNITY

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THE CONTROL OF OBSCENE AND INDECENT ARTICLES BILL 1986, WHICH SEEKS TO CONTROL THE PUBLICATION AND DISPLAY OF OBSCENE AND INDECENT ARTICLES AND TO ESTABLISH AN OBSCENE ARTICLES TRIBUNAL, WAS IN GENERAL FAVOURABLY RECEIVED BY THE PUBLIC, THE CHIEF SECRETARY, THE HON DAVID FORD, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE BILL, MR FORD SAID THAT SINCE PUBLICATION OF A DRAFT BILL IN AUGUST LAST YEAR THE MOST FREQUENT COMMENT WAS A CALL FOR ITS EARLY IMPLEMENTATION.

HE POINTED OUT THAT THE BILL'S PROVISIONS WOULD GREATLY REDUCE ACCESS BY JUVENILES TO INDECENT MATERIAL, THUS PROVIDING A DEGREE OF PROTECTION FOR THE WELL-BEING OF YOUNG PEOPLE WHILE STILL ALLOWING ADULTS THE FREEDOM TO PURCHASE THEM.

+ JUDGING FROM THE WIDE RANGE OF COMMENTS RECEIVED, IT IS CLEAR THAT THESE RESTRICTIONS REFLECT THE WISHES OF THE GREAT MAJORITY OF OUR COMMUNITY, HE SAID.

MR FORD NOTED THE BILL PROPOSED THAT MEMBERS OF THE TRIBUNAL WOULD BE REQUIRED TO BE PROFICIENT IN EITHER WRITTEN CHINESE OR WRITTEN ENGLISH.

A LARGE PROPORTION OF THE COMMUNITY, WHO WERE NON-ENGLISH SPEAKING, WOULD HENCE BE ELIGIBLE FOR SERVICE ON THE TRIBUNALS, HE SAID,

AS TO WHETHER THE SYSTEM OF VOLUNTARY SUBMISSION OF ARTICLES PRIOR TO THEIR PUBLICATION MIGHT SUPPRESS MATERIAL ON GROUNDS OTHER THAN OBSCENTITY OR INDECENCY, MR FORD SAID, THE PROPOSED LEGISLATION EMPOWERS THE TRIBUNAL TO RULE ONLY ON MATTERS OF OBSCENITY AND INDECENCY (INCLUDING VIOLENCE, DEPRAVITY AND REPULSIVENESS). ANY ATTEMPT TO RULE ON OTHER MATTERS WILL BE ULTRA VIRES.+

HE EMPHASISED THAT THE NUMBER OF ARTICLES, LIKELY TO BE ADVERSELY AFFECTED, WOULD REPRESENT ONLY A FRACTION OF ALL THE PUBLICATIONS AVAILABLE IN HONG KONG.

ON THE PRECISE DEFINITIONS OF +OBSCENITY+ AND

INDECENCY+,

MR FORD SAID IT WAS NEITHER PRACTICAL NOR DESIRABLE TO ATTEMPT TO STIPULATE IN LAW IN SPECIFIC TERMS WHAT WAS DEEMED TO BE UNACCEPTABLE ON MATTERS OF PROPRIETY.

/+THE ACCEPTED