TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 84

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Ord. No. 9/87

Powers.

(Cap. 227.)

Offences

relating to a Tribunal,

Submission of article to Tribunal.

CONTROL OF OBSCENE AND INDECENT ARTICLES

(e) whether the article or matter has an honest purpose or whether its content is merely camouflage designed to render acceptable any part of it.

(2) The opinion of an expert as to any of the matters to which a Tribunal must or may have regard under subsection (1) may be admitted in any proceedings before a Tribunal either to establish or negative that matter.

11. A Tribunal-

(a)

when exercising its jurisdiction under Part V shall have the powers of a magistrate under the Magistrates Ordinance and for that purpose references in that Ordinance to a magistrate shall be deemed to include references to a Tribunal;

(b) when exercising its jurisdiction under Part III may, subject to that Part and Part VIII, determine its own procedure and in particular

may-

(i) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, notwith- standing that such material would not be admissible in evidence in civil or criminal proceedings;

(ii) by notice in writing signed by the presiding magistrate, require any person to attend before it at any hearing and to give evidence and produce documents;

(iii) administer oaths and affirmations;

(iv) examine on oath, affirmation or otherwise any person attending before it at any hearing and require such person to answer all questions put by or with the consent of that Tribunal;

(v) determine the manner in which the material mentioned in sub-paragraph (i) shall be received; and

(vi) determine the manner in which any article shall be viewed, seen or examined by that Tribunal;

(c) may do all things--

(i) ancillary to the powers conferred by this section; or

(ii) reasonably necessary for the discharge of its functions

under this Ordinance.

12. Any person who—

(a) refuses or fails to comply with any lawful order, requirement or

direction of a Tribunal; or

(b) disturbs or otherwise interferes with the proceedings of a Tribunal, commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.

PART III

CLASSIFICATION OF ARTICLES BY A TRIBUNAL

13. (1) The author, printer, manufacturer, publisher, importer, dis- tributor or owner of the copyright of any article or any person who commissions the design, production or publication of any article may, by application in the prescribed form, submit that article to the Registrar for classification by a Tribunal.

CONTROL OF OBSCENE AND INDECENT

Ord. No. 9/87

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ARTICLES

(2) The Attorney General and any public officer authorized in that regard by the Chief Secretary may, by application in the prescribed form, submit any article to the Registrar for classification by a Tribunal.

14. (1) Subject to section 17(2), where an article is submitted under Interim section 13 a Tribunal shall

(a) consider it in private and without the attendance of the applicant or any other person and, within 5 days of that submission, make an interim classification in respect of that article; or

(b) subject to subsection (2), if at the expiry of the period mentioned in paragraph (a) it has not made an interim assessment, consider that application as if it were a requirement for a full hearing under section 15.

(2) The presiding magistrate may, at any time during the period mentioned in subsection (1)(a), extend that period by any period not exceeding 5 days and shall give notice of that extension to the applicant.

(3) Subject to section 7(3), a Tribunal shall not be required to give any reasons for any interim classification but may give guidance to the applicant in relation to the article submitted.

classification.

15. (1) Where a Tribunal makes an interim classification in respect of Requirement an article any person who submitted, or would have been entitled to submit, for full hearing. the article under section 13 may-

(a) within 5 days of that interim classification taking effect; and (b) by notice in writing in the prescribed form to the Registrar, require a Tribunal to review that interim classification at a full hearing.

(2) At a full hearing-

(a) any person who submitted the article the subject of that full hearing and any person who would have been entitled to submit it under section 13(1), the Attorney General, and their representa- tives, may appear and be heard; and

(b) any magistrate and any adjudicator shall be competent to sit as a member of the Tribunal at that full hearing notwithstanding that he was a member of the Tribunal which made the interim classi- fication.

(3) The Registrar shall, at least 5 days prior to a full hearing, give notice of that full hearing once each in an English language newspaper and a Chinese language newspaper published daily and circulating generally in Hong Kong but nothing in this subsection shall require the Registrar to give notice of any adjourned hearing of that full hearing.

(4) If in accordance with subsection (3) notice is published in the newspapers referred to in that subsection on different days, notice shall be deemed to have been given on the last of those days.

(5) If under subsection (1) no person requires a review of an interim classification at a full hearing, that interim classification shall be deemed to

be the classification of the Tribunal which made it.

16. (1) Subject to subsections (2) and (3), a full hearing shall be Full hearing to conducted in public.

be in public.