TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 198

For discussion

on 26 November 1985

Introduction

CONFIDENTIAL

XCC(85)156 Copy No...

MEMORANDUM FOR EXECUTIVE COUNCIL

THE CONTROL OF OBSCENE AND VIOLENT PUBLICATIONS

Annex A

1...

Publications of an

indecent, obscene or revolting nature or which are harmful to juveniles are prohibited under the Objectionable Publications Ordinance, Chapter 150. The decision as to whether a particular article falls within the definition of the ordinance is one which, following prosecution, must currently be made by a Magistrate. In reaching this decision, the Magistrate is required to reflect the local community conscience rather than applying his Own personal standards.

2

This memorandum sets out possible options for the improved control of obscene and violent publications and seeks Members' advice as to whether these options should form the basis of a discussion paper for general public consultation. At the end of the consultation period, the Administration would undertake to seek Council's advice again with firm recommendations, having regard to the views expressed, including those from the District Boards.

Background

3

in

In January 1984, a Magistrate, in the course of

on the delivering judgment, expressed reservations

way which the present system operated and suggested that a widely based tribunal would be

be better able to reflect community standards than a single judge.

4.

In November 1984, the Attorney General, in reply to a question in the Legislative Council from the Hon. Rita Fan, stated that there would be merit in establishing a permanent and more broadly based tribunal, reflecting different cultural backgrounds and developing a consistency of approach to decide whether particular articles submitted to it are in themselves objectionable. In

month, inter-departmental working group under the chairmanship of the Assistant to the Attorney General was set up to examine the possibility of establishing a tribunal

conclusive rulings,

the

subject to

each from

same

the

which

an

would the

Administrative

provide

on appeal, indecency or otherwise

otherwise of publications. The working group comprised Services and Information Branch, the Royal Hong Kong Police Force and the Customs and Excise Department.

representative a

CONFIDENTIAL