TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 105

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desirable for proceedings at the full hearing. Adjudicator would normally serve for not more than three years but would be eligible for reappointment.

The grounds for removing adjudicators from the panel include neglect of and inability to perform their duties and other considerations common to appointments in other areas of the law. As an administrative measure, the Judiciary would ordinarily select the panel of adjudicators for hearings from people of both sexes, and different ages and backgrounds to representation of views.

ensure

a balanced

in

24

Clause 11 describes the powers of

of the Tribunal relation to its dual roles. When exercising its determinatory function, the Tribunal will be required to follow the procedures laid down in the Magistrates Ordinance. However when classifying articles, it would not be bound by such procedures but would function in a way which would not acceptable under the Magistrates Ordinance. This flexibility is of particular importance in respect of interim ex parte rulings. In exercising both determinatory and classificatory functions, the Tribunal would have exclusive jurisdiction.

be

25

Clause 13 provides for the voluntary submission of any article for classification by the Tribunal, by any printer, manufacturer, publisher, importer or distributor, and for submission by the Crown.

26

to

Clause 18 permits the Tribunal to refuse reconsider a classification of an article if

if the latter has been classified within three years.

27

to

Clause 19 obliges the Registrar, Supreme Court, publish the classification of any article and of any conditions imposed upon its publication, by the Tribunal.

28

Clause 21 permits the Tribunal to impose conditions relating to

to the display and sale of indecent articles. Such flexibility, inter alia, would allow certain material which might otherwise be treated as obscene

obscene to be confined to, say, medical students at specified outlets.

29

Clause 24 makes it an offence to publish, possess for publication or import for publication any article determined obscene and introduces a fine of $1,000,000 and imprisonment for 3 years for such an offence. The relatively high maximum fine takes into consideration the high degree of profitability of obscene publications.

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