TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 215

XCC(86)125

(a)

(b)

Page

8

it is questionable whether the prosecution of minors is right in principle as the objective of the proposed amendment is to protect this class of persons; and

since the Juvenile Offenders Ordinance (Chapter 226) provides that it shall be conclusively presumed that no child under the age of seven years can be guilty of an offence and that in common law, a child between the

of ages

seven and 14 is incapable of forming the necessary criminal intent, in practice, only children between 14 and 18 could be prosecuted in most cases.

Further, there is presently no provision in any other ordinance which provides for the prosecution of minors for entering vice establishments or for reading obscene publications. The Administration therefore considers that it would be unduly harsh to penalise underage persons for viewing Category III films (e.g. a conviction in court might prejudice their future

for opportunities

overseas study and

It is employment). considered that

that the onus should be left on the management of the cinema to ensure that the law is complied with.

Future censorship standards

18

The Authority has completed a large-scale opinion through consultancy

a

out

the

It is

study

find firm to

what

under should be

the new classification censorship standards system. The findings of the survey are now available. likely that there will be some relaxation in standards for Category III films, but that Category II films will be subject to similar censorship standards those presently applied to films certified as 'not suitable for children'.

Practicability of the proposal

19

as

above

are

now

As all Hong Kong residents aged 15 or required to carry proof of identity at all times, the proposal should not present practical difficulties in verifying the age of patrons. The Authority's inspecting

inspecting officers will be able to verify whether patrons comply with the age restriction for Category III films.

20

of five

An

carried out in experiment

1982, with the the trade,

the cooperation of

trade, tested

practical aspects

of age at to persons below 18 years denying admission cinemas

three showing

different films.

experiment considered a success although it must be borne in mind that the

experiment was

а

voluntary

one

enforcement during the trial period.

The

and that

there

was

was

no