XN000022-1995-07-19 — Page 60

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The control of the publication of obscene and indecent articles is indeed a complex and controversial subject, not least because public standard of morality, decency and propriety changes with social attitudes and time. I understand that there are two issues which the Bills Committee will want to pursue further. The Honourable Mrs Selina Chow would wish to change the current two-tier classification system for published articles into a three-tier one by creating an additional advisory class to be labelled "not suitable for children under the age of 12". This proposal is also requested by the Members of the Democratic Party. I fully understand the reasonings for making this proposal, but having considered the possible consequences that such a change could lead to a relaxation of standards and the implications on newspaper publications, I have serious reservations. Without the benefit of a thorough examination and analysis of the pros and cons of such a change and as a responsible government, I cannot support coming to a hasty decision. A lot of consultation and deliberations are warranted. I shall be pleased to discuss this subject again with Members of this Council in future.

The Arts Development Council has, through its vice-chairman the Hon. Christine Loh, raised at a very late stage of the Bills Committee's deliberations a number of proposals concerning the operation of the OAT. First, the Council proposes that the OAT should take account of the artistic, literary or scientific value of an article when making a classification. We are sympathetic with this suggestion but we need time to discuss its full implications with the Judiciary. I, therefore, consider it inadvisable to rush this amendment through now and have agreed with the Bills Committee to bring the subject back for further discussion as soon as possible. The Arts Development Council also requests that both sexes should be represented at full hearings of the OAT. In this regard, I am pleased to say that the Judiciary will be taking steps to substantially enlarge the panel of adjudicators. The Judiciary will also ensure that when enlarging the panel, more female adjudicators will be appointed to achieve a better balance of the sexes.

On the Administration's part, we shall be inviting applications as proposed by the Honourable Selina Chow from members of the public to serve as adjudicators so that any member of the public who is interested and meets the requirements stipulated in the Control of Obscene and Indecent Article Ordinance can apply to become an adjudicator of the OAT. This exercise will last for about a month starting in late July. The names of eligible applicants will be submitted to the Chief Justice for his consideration for appointment as adjudicators.

Other proposals by the Arts Development Council relating to increasing the number of adjudicators at full hearings of the OAT and requiring the OAT to state the reasons for its classifications, etc., have been generally dealt with in the Committee Stage Amendments that I intend to make.

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