TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 4

film are codified in a 'note guidance issued in 1973 for the reference of the film indust. B (A copy of the note is at Annex B). These principles and criteria have been applied with little adverse comment from either the public or the film industry over the past 13 years.

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These principles and criteria, as amplified in paragraph 5 of the 'note of guidance', cover a wide range of matters, from sex and violence, to race and religion, to contempt of the Government of Hong Kong and harm to good relations with other territories. They therefore enable a film to be censored on political as well as social or moral grounds. The incorporation of

of these principles and criteria into the Bill may therefore arouse controversy.

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Having regard to the vires of the present regulations (paragraph 5(c)), it is essential that the present censorship process be regularized and

regularized and that the principles of censorship currently exercised administratively through the guidance be embodied in law. The reasons for this approach

are as follows

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(a)

(b)

(c)

(d)

the principles are consistent with the community's expectation of film censorship;

it would provide guidance to the film industry as to what might be acceptable to the public and would explain the reasons for any excision or disapproval;

it is desirable to circumscribe the powers of the censor vis-a-vis appeals against the censor's decision; and

it is advisable to embody the principles of censorship in law to safeguard against possible abuses.

note of

As regards paragraph 8(a), (b) and (c),

and (c), the purpose is to protect the rights of the censors, the film industry as well as the public to disapprove, produce or distribute and view films respectively. As regards paragraph 8(d), the political considerations are much more complex and sensitive.

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are

Whilst the local film producers and distributors largely motivated by commercial considerations and are therefore very conscious of consumer tastes, over the years, there have still been a handful of films with a significant political content either

either produced locally or overseas which local distributors would wish to exhibit in Hong Kong. Of the