XN000022-1995-02-22 — Page 35

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I would like to thank Members of this Council, Members of the District Boards, and members of various political groups and concern groups for their valuable suggestions and views on how obscene and indecent articles could best be regulated. We have very carefully and thoroughly studied their suggestions and revised some of the proposals contained in the Bill in the light of their views.

Owing to the far-reaching consequences and Bill of Rights implications, some of the more restrictive suggestions and views have not been taken on board in this Bill. However, an inter-departmental working group comprising representatives from the Television and Entertainment Licensing Authority, the Police Force, the Attorney General's Chambers, the Urban Services Department, the Regional Services Department and my Branch is studying the implications and feasibility of these suggestions.

Mr President, I now wish to summarise the main provisions of the Bill.

Clause 5 of the Bill proposes stricter restrictions on the external appearance of indecent articles to minimise nuisance to the public and to make them more easily distinguishable, thus facilitating control and regulation. Indecent articles will be required to be sealed in completely opaque wrappers. It is also proposed that nothing shall be printed on the wrappers except the warning notice, particulars of the publishers, and the name, date, serial number and selling price of the publication.

Although the existing Ordinance already requires a clear and conspicuous warning notice to be printed on indecent articles, we suggest specifying the minimum size under the law. It is proposed that the warning notice must occupy at least 20% of the size of an indecent article. Furthermore, the warning notice is to be printed on the front and back cover of the indecent article as well as on both sides of the opaque wrapper enclosing it. One of the advantages of such a requirement is that, no matter under what circumstances, there is always an easily noticeable warning notice attached to the indecent article reminding people not to sell or lend the article to persons below the age of 18.

Under the existing Ordinance, it is not mandatory for publishers to print their particulars on the indecent articles. Although enforcement action can still be taken against irresponsible publishers who have committed an offence, extra manpower and time are often needed to track down these publishers. To facilitate identification of publishers of indecent articles, clause 5 requires them to print their correct name, address and telephone number on the front and back cover of the indecent article and on both sides of the opaque wrapper enclosing it. Contravention of this requirement is liable to a maximum fine of $400,000 and imprisonment for one year. The fulfilment of this requirement is the primary responsibility of publishers.