TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 82

A36

Ord. No. 9/87

[cf. 7 & 8 Eliz. 2

c. 66, s. 1(2).]

[cf. 1964, c. 74,

s. 2(1).]

CONTROL OF OBSCENE AND INDECENT ARTICLES

"article" means any thing consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc or other record of a picture or pictures; "assisting officer" means any police officer or any member of the Customs and Excise Service assisting an authorized officer under section 34(2) in the execution of a warrant;

"authorized officer" means any person authorized by a warrant issued under

section 34;

"classification" means a classification by a Tribunal under Part III and includes an interim classification and "classified" shall be construed accordingly;

"full hearing" means a full hearing of a Tribunal under section 15;

"interim classification” means an interim classification made by a Tribunal

under section 14;

"juvenile" means a person under the age of 18 years;

"panel of adjudicators" means the panel of adjudicators established under

section 5;

"presiding magistrate" means a magistrate appointed to preside under

section 7;

"Registrar" means the Registrar of the Supreme Court;

"Tribunal" means an Obscene Articles Tribunal appointed under section 6; "warrant" means a warrant issued under section 34(1).

(2) For the purposes of this Ordinance

(a) a thing is obscene if by reason of obscenity it is not suitable to be

published to any person; and

(b) a thing is indecent if by reason of indecency it is not suitable to be

published to a juvenile.

(3) For the purposes of subsection (2), “obscenity” and “indecency" include violence, depravity and repulsiveness.

(4) For the purposes of this Ordinance, a person publishes an article if he, whether or not for gain---

(a) distributes, circulates, sells, hires, gives or lends the article to the

public or a section of the public;

(b) in the case of an article-

(i) consisting of or containing material to be looked at; or

(ii) that is a sound recording or a film, video-tape, disc or other record of a picture or pictures,

shows, plays or projects that article to or for the public or a section of the public.

(5) For the purposes of subsection (4)—

(a) "article" includes anything which is intended to be used, either alone or as one of a set, for the purpose of manufacturing or reproducing an article; and

CONTROL OF OBSCENE AND INDECENT

Ord. No. 9/87

A37

ARTICLES

(b) "person" and "public" include, respectively, a person having the control or management of anything which is or purports to be a club, and the members of that club.

(6) For the purposes of this Ordinance, in determining whether any [cf. 1981, c. 42,

s. 1(5).] matter publicly displayed is indecent—

(a) there shall be disregarded any part of that matter which is not

exposed to view; and

(b) account may be taken of the effect of juxtaposing one thing with

another.

(7) Any matter which is displayed in or so as to be visible from--

(a) any public street or pier, or public garden; and

(b) any place to which the public have or are permitted to have access [ef. 1981, c. 42, (whether on payment or otherwise) except a place to which the s. 1(2).] public are permitted to have access only on payment which is or includes payment for a display of indecent matter,

shall for the purposes of this Ordinance be deemed to be matter publicly displayed.

3. This Ordinance shall not apply in relation to any—

(a) film approved by the Film Censorship Authority under the Film

Censorship Regulations;

(b) film permitted to be broadcast under section 32 of the Television

Ordinance; or

(c) poster, picture, figure or text of any advertisement approved for publication by the censor under regulation 8 of the Film Censor- ship Regulations.

4.

For the purposes of this Ordinance-

(a) the classification of any article or matter shall not be regarded as taking effect until notice of that classification is given by the Registrar in accordance with section 19(2); and

(b) conditions shall not be regarded as imposed under section 8(2)(c) until notice thereof is given by the Registrar in accordance with section 19(2).

5.

PART II

OBSCENE ARTICLES TRIBUNALS

Ordinance not

to apply in case of certain films and advertising material. (Cap. 172, sub. leg.) (Cap. 52.)

Effective date

of classification and conditions.

(1) For the purposes of this Ordinance, there shall be established Panel of

adjudicators.

a panel of adjudicators.

(2) The panel of adjudicators shall consist of such eligible persons as are, from time to time, appointed to it by the Chief Justice by notice in writing.

(3) For the purpose of subsection (2), a person shall be eligible to be appointed to the panel of adjudicators if, in the opinion of the Chief Justice, he is-