XN000022-1987-02-18 — Page 14

WEDNESDAY, FEBRUARY 18, 1987.

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WIDE PUBLICITY ON PORNOGRAPHY LAW URGED

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VIGOROUS EFFORTS SHOULD BE MADE IN PUBLICISING AND ENFORCING THE CONTROL OF OBSCENE AND INDECENT ARTICLES LEGISLATION SO THAT THE DESIRED EFFECT COULD BE ACHIEVED, THE HON ROSANNA TAM SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SPEAKING IN SUPPORT OF THE RELEVANT BILL, MRS TAM SAID ITS UNDERLYING PRINCIPLE GOVERNING THE PUBLIC DISPLAY OF OBSCENE ARTICLES WAS TO MAKE THESE ARTICLES NOT ACCESSIBLE TO PERSONS UNDER THE AGE OF 18.

+YET, THE BILL DOES NOT PROVIDE THAT OBSCENE ARTICLES SHOULD BE SEALED BY OPAQUE MATERIALS WHEN BEING PUT ON PUBLIC DISPLAY SO AS TO PREVENT PERSONS AGED UNDER 18 FROM GLANCING THROUGH THEM, SHE SAID.

SHE NOTED THAT THE AUTHORITIES HAD EXPLAINED TO THE COUNCIL THAT CLAUSE 23 OF THE BILL PROVIDED THAT ANY PERSON WHO PUBLICLY DISPLAYED OBSCENE ARTICLES WAS LIABLE TO PROSECUTION, AND THAT IN EFFECT THIS CLAUSE ALREADY ENSURED THAT ALL OBSCENE ARTICLES SHOULD BE SEALED BY OPAQUE MATERIALS WHEN BEING PUT ON PUBLIC DISPLAY.

+YET I AM WORRIED THAT NEWPAPER VENDORS, PUBLISHERS AND EVEN LAW ENFORCEMENT OFFICERS IN GENERAL MAY NOT BE ABLE TO REALISE THE LEGAL IMPLICATIONS OF THE AFORESAID PROVISION, SHE SAID.

SHE THEREFORE SUGGESTED THAT A COMPREHENSIVE PUBLICITY DRIVE SHOULD BE LAUNCHED TO MAKE IT CLEAR TO MEMBERS OF THE PUBLIC AND LAW ENFORCEMENT OFFICERS THAT ALL OBSCENE ARTICLES SHOULD NOT ONLY BE WRAPPED BY OPAQUE MATERIALS BUT ALSO BE SEALED.

MRS TAM NOTED THAT ONE IMPORTANT SPIRIT OF THE BILL WAS TO USE PREVAILING MORAL STANDARDS OF THE COMMUNITY TO JUDGE WHETHER OR NOT AN ARTICLE WAS OBSCENE OR INDECENT.

+HENCE IT IS OF PARAMOUNT IMPORTANCE TO FOLLOW CLOSELY THE EVER-CHANGING MORAL STANDARD OF THE COMMUNITY ON MATTERS OF OBSCENITY,+ SHE SAID.

SHE SUGGESTED THAT OTHER THAN SETTING UP A TRIBUNAL WITH MEMBERS WHO COULD FULLY REFLECT THE PREVAILING MORAL STANDARD OF THE COMMUNITY, THE AUTHORITIES CONCERNED SHOULD ALSO CONDUCT IN-DEPTH AND COMPREHENSIVE REVIEWS AT REGULAR INTERVALS TO GAUGE THE CHANGES IN THE MORAL STANDARD ON OBSCENITY.

IN ORDER TO ENSURE AND TO LET THE PUBLIC SEE THAT A FAIR JUDGEMENT WOULD BE MADE BY THE TRIBUNAL, SHE SUGGESTED THAT SHOULD ANY PARTY FEEL AGGRIEVED AT THE INTERIM RULING RETURNED BY THE TRIBUNAL AND REQUEST A FULL HEARING, THE ADJUDICATORS WHO HAVE SAT ON THE INTERIM HEARING SHOULD NOT BE APPOINTED TO SIT ON THE FULL HEARING.

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