TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 6

Possible alternatives to the tribunal proposal

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In its report, the working group also considered two alternatives, viz the lay assessor scheme and the advisory committee proposal (paras. 69 to 74). These two alternatives were rejected as 'neither would achieve

significant improvements in the existing procedure and,

and, in particular, would do little to enhance deterrence' (para. 79). A further alternative to the Working Group's proposal which has been considered as an answer to the

the Chief Justice's criticism is to integrate the tribunal even more fully with the Judiciary. The tribunal would be designated a court rather than a tribunal with a member of the Judiciary (perhaps a District Court Judge) as Chairman.

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Two other options are identified in the following

which might

considered in place of the

be

paragraphs, specialist tribunal proposal.

Option II a modified assessor scheme

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In rejecting the tribunal proposal, the Chief Justice accepts the fact that the grading of material as

is very subjective. He pornographic

proposes that a magistrate be helped by two assessors, taken from a panel to rule on material deemed objectionable under the ordinance. The body of three could also take over the classification of material envisaged to

to be part of the tribunal's functions. (There is precedent for this in the licensing court established under section 10 of the Moneylenders Ordinance (Chapter 163)). Under this scheme, the assessors would not be merely advisory, but would have substantive

(the existing lay assessor's role being solely advisory under the

In Ordinance (Chapter 227)).

event the Magistrates difference of opinion, the decision would be by a majority.

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votes

of a

The Chief Justice considers that using a spread of magistrates (though not all of them) and a panel of assessors is more likely to reflect the general views of the community than the restricted panel proposed in the tribunal report and at the

time same consistency.

Assessment of Option II

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would achieve

greater a

level

of

Under the present court system, the

the classification of a publication is dealt with at the same

is dealt with at the same time as the rest of the prosecution case, which requires evidence and argument on possession, identification and liability. If the proposed scheme is to achieve a speedier response than the existing

necessary to procedures, it would be

separate the court's