TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 8

The imposition of access and sale conditions as described above would not require the setting up of а separate machinery, as in the case of a specialist tribunal, nor would it entail pre-publication censorship. Compliance with the conditions would ensure that 'adult' magazines were kept away from the public eye, were less accessible generally and were prohibited for sale to juveniles.

that

26

It is, however, submitted that this option would the Registrar place

of Newspapers in a very powerful on the exercise of his position without acceptable checks power. Although a publisher could apply to the Registrar for modification of the order, the scheme is not grounded in the

One other judicial process as is the case with the Tribunal. shortcoming is

some publications might enjoy sale before coming unrestricted

to the notice of the and being Registrar

subsequently deemed deserving of restriction. On its own, this option does not provide for community input in the way envisaged by both propsal and the modified assessor scheme, although this point would be overcome by the establishment of an advisory body to advise the Registrar of Newspapers on prevailing community sentiments.

the Tribunal

Penalties

27

or

out

the by

courts

are

commensurate

sentences

with

the As a

Having regard to the profitability of the trade, it is considered that improved controls by an alternative system will not in themselves discourage revised procedures publishers from exploiting the market unless the handed community's perception of the gravity of such offence. step in this direction, separate consideration is being given to increasing the present penalties under section 4, Chapter 150 of $100,000 and three

imprisonment. years effective deterrent might be provided by having under section 4 triable on indictment.

then be sent

to

the

District

Court

Serious

where

A more offences

cases could the maximum

penalties would be in the region of $500,000 and seven years imprisonment.

Recommendations

28

of control

The Administration has kept an open mind about the All have both tribunal report and the proposals made above. merits and drawbacks, depending on the level envisaged to be required. From the practical point of view, the option restricting

restricting access and sale conditions

the tribunal

least

proposal

to disruptive

present procedures, represents a

bold

departure

would be whereas from

the

the