CONFIDENTIAL
14.
As
Although the present film censorship scheme is invalid cinema owners are not entitled at present to display pornographic or violent films. The existing Ordinance (which is valid) still prescribes that no film may be exhibited without approval. under the existing scheme the invalid "Regulations" purport to grant the power to approve to the censors it follows that at present no one is actually empowered to approve films for public
exhibtion. All films publicly exhibited in HK since 1953 have been exhibited illegally.
15.
As early as 1972 the invalidity of the Regulations was recognised by AGC. In that year the Solicitor General wrote to
the Secretary for Home Affairs advising that the Regulations, in that they specified no principles, were ultra vires and void. Again in 1977 Attorney General's Chambers advised CTEL that "the Regulations are ultra vires and therefore void and the actions of the censor and the Board of Review in purported exercise of the powers conferred by the Regulations are of no effect". On receipt of that advice CTEL and the Secretary for Home Affairs agreed that, as no decision of a censor had been challenged since the inception of the scheme in 1953, the necessary legislative amendments could wait.
16.
It
As noted in the introductory paragraph, the classification system proposal has been widely discussed. derives from a survey conducted by the Government in 1981 which indicated that 95% of the respondents favoured a system of film censorship while 80% supported the concept of a classification scheme. Since then the current proposal has been developed by discussions and negotiations with District Boards, the Fight Crime Committee and the Chief Secretary's Committee and UMELCO. It has been approved at all levels of Government and undoubtedly will be welcomed by the public at large.
CONFIDENTIAL
/...5
Page 210Page 211
No comments yet.
Private notes are available after approval.