TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 3

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Since early August, a new genre of 'pornographic' magazines, believed to be published by those previously connected with similar material, has appeared on news-stands. These publications in general fall outside the scope of the law, in that they would

they would not be likely to be regarded as objectionable by the courts. However, the emergence of what might be described as 'sub-pornographic' magazines has led to public demand for more effective control measures, and there is ΠΟΥ considerable interest in release of the working group's report for public debate.

Option I - the tribunal proposal

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In sum,

the

the working group finds considerable merit

in setting up a tribunal, within the Judiciary, tasked with classifying material submitted to it

to it on a voluntary basis, and empowered to order seizure of material ruled obscene.

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The main features of the tribunal proposal are as follows :-

(a) The Tribunal should be called the Obscene and Violent Publications Tribunal (para. 14 of the report at Annex

Annex A) and should be established to classify initially printed material submitted to it as obscene (no sale permitted), indecent (restricted sale to those over 18) or not obscene or indecent (unrestricted sale) (para. 16).

(b)

(c)

(d)

Where the question of whether or not a publication is obscene or indecent arises in court, the court must refer this to the Tribunal for a ruling. Publications may also be referred to the Tribunal voluntarily for a ruling (para. 19).

The Tribunal would consist of a Chairman, a Deputy Chairman and three Ordinary Members. The Chairman and Deputy Chairman should have the qualifications for appointment as Magistrates in Hong

Hong Kong. The Ordinary Members should be selected to reflect a wide cross-section of interests in the community (paras. 22-30).

A

of system

interim hearings would be established at which the Chairman or Deputy Chairman sitting alone would rule on the publication. Appeal will lie to a full hearing of the Tribunal; but if no appeal is lodged,

interim ruling

would automatically become final (paras. 32-44).

the

CONFIDENTIAL