A38
Ord. No. 9/87
CONTROL OF OBSCENE AND INDECENT
ARTICLES
CONTROL OF OBSCENE AND INDECENT ARTICLES
Ord. No. 9/87
A39
Appointment
of Obscene Articles Tribunals.
Membership of Tribunal.
Jurisdiction.
(a) ordinarily resident in Hong Kong and has so resided for at least
years; and
(b) proficient in written English or written Chinese.
(4) A person appointed under subsection (2) shall be a member of the panel of adjudicators for such period, not exceeding 3 years, as may be specified in his notice of appointment and shall be eligible for reappoint-
ment.
(5) A member of the panel of adjudicators may resign by giving notice in writing to the Chief Justice.
(6) The name of any adjudicator may be removed from the panel of adjudicators by the Chief Justice by notice in writing if that adjudicator—
(a) ceases to be ordinarily resident in Hong Kong;
(b) is convicted of any offence;
(c) is declared a bankrupt; or
(d) in the opinion of the Chief Justice, neglects or is unable to perform
his duty.
(7) The Chief Justice shall give notice in the Gazette of—
(a) any appointment by him under subsection (2); and
(b) any removal of the name of an adjudicator by him under subsec-
tion (6).
6.
(1) The Registrar may appoint such number of tribunals as may from time to time be necessary for the purposes of this Ordinance.
(2) A tribunal appointed under this section shall be known as an Obscene Articles Tribunal.
7. (1) A Tribunal shall consist of the following persons appointed by the Registrar—
(a) a magistrate who shall preside; and
(b) 2 or more adjudicators selected from the panel of adjudicators.
(2) Subject to subsection (3), in the event of any difference between the members of a Tribunal, the decision of that Tribunal shall be that of the majority of them or, in the event that they are equally divided, that of the presiding magistrate.
(3) Any point of law arising during any proceedings before a Tribunal shall be determined by the presiding magistrate who shall give reasons therefor in writing.
8. (1) In relation to any article, or any matter publicly displayed, referred to it by a court or magistrate under Part V a Tribunal may determine whether
(a) the article is obscene or indecent;
(b) the matter is indecent; or
(c) the ground of defence under section 28 is proved in respect of the
publication of an article or the public display of any matter.
4
(2) In relation to any article submitted to it under section 13 a ibunal may-----
(a) refuse an application to make a classification in respect of any article if it considers that article cannot be adequately described for the purpose of giving notice of classification under section 19;
or
(b) make a classification that the article is--
(i) a Class I article if it is of the opinion that the article is neither obscene nor indecent;
(ii) a Class II article if it is of the opinion that the article is indecent; or
(iii) a Class III article if it is of the opinion that the article is obscene; and
(c) in respect of any classification that an article is a Class II article and at the time of making that classification, impose conditions relating to the publication of that article.
(3) For the purposes of subsection (1)(c) the opinion of an expert as to the ground of defence in section 28 may be admitted either to establish or negative that ground.
9. Any
(a) member of a Tribunal; and
(b) witness, party to any proceedings, representative or other person
appearing before a Tribunal,
shall have the same privileges and immunities in any proceedings before a Tribunal or in the exercise of a Tribunal's functions as he would have before
a court.
Immunity.
10. (1) In determining whether an article is obscene or indecent or Guidance to whether any matter publicly displayed is indecent, or in classifying an Tribunal. article, a Tribunal shall have regard to-
[cf. NZ, 1963, No. 22, s. 11.]
(a) standards of morality, decency and propriety that are generally accepted by reasonable members of the community, and in rela- tion thereto may have regard to-
(i) in the case of an article, any decision of the Film Censorship (Cap. 172, Authority under the Film Censorship Regulations to approve or sub. leg.) refuse to approve a film; and
(ii) in the case of matter publicly displayed, any decision of the censor under regulation 8 of the Film Censorship Regulations to approve or refuse to approve any poster, picture, figure or text of any advertisement for publication;
(b) the dominant effect of an article or of matter as a whole;
(c) in the case of an article, the persons or class of persons, or age groups of persons, to or amongst whom the article is, or is intended or is likely to be, published;
(d) in the case of matter publicly displayed, the location where the matter is or is to be publicly displayed and the persons or class of persons, or age groups of persons likely to view such matter; and
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Private notes are available after approval.