TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 95

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11

Clause

26.

Prohibition on publishing Class III article

27.

Restriction on publishing Class II article

28.

Defence of public good

PART V

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DETERMINATION BY A TRIBUNAL

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Tribunal to have exclusive jurisdiction

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PART VI

APPEALS

30.

Appeal

31.

Procedure on hearing appeal

PART VII

ENFORCEMENT

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32.

Presumptions relating to publication...

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33.

Proof of certain matters

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34.

Search and seizure under warrant

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Ancillary powers of officers under warrant

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36.

Seizure by member of Customs and Excise Service ...

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Detained article to be taken before magistrate ...

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38.

Obstruction

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39.

Liability to forfeiture

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40.

Order for forfeiture

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41.

Procedure in relation to forfeiture

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42.

Obliteration of indecent matter...

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43.

Procedure in relation to obliteration

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PART VIII

RULES, REGULATIONS AND THE POWERS OF THE REGISTRAR

44.

Chief Justice may make rules

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45.

Powers of Registrar

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46.

Regulations

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PART IX

MISCELLANEOUS

47.

Repeal of Objectionable Publications Ordinance

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Transitional ...

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A BILL

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Control articles which consist of or contain material that is obscene or indecent (including material that is violent, depraved or repulsive), to establish tribunals to determine whether an article is obscene or indecent, or whether matter publicly displayed is indecent, and to classify articles as obscene or indecent or neither obscene nor indecent, and for matters incidental thereto.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Control of Obscene and Indecent Short title and Articles Ordinance 1987.

commencement.

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

2. (1) In this Ordinance, unless the context otherwise requires "adjudicator" means an adjudicator appointed to the panel of adjudicators under

section 5;

"application" means an application under section 13 and "applicant" shall be

construed accordingly;

"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.

Interpretation.