TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 201

LEGAL DEPT

E86

(Cap. 115.)

Official mark.

Risk and

expense relating

to submission of film, advertising

material etc.

FILM CENSORSHIP BILL 1987

(b) upon the production of his authority as such inspector, at any time enter any premises or place in which he has reason to believe that an offence under this Ördinance is being or has been committed; (c) in any premises or place entered under paragraph (a) or (b)-~~~

(i) seize any advertising material or any film which appears to him to be evidence of an offence against this Ordinance; and

(ii) require any person found on the premises to furnish to him for his inspection, his proof of identity.

(3) Any person who--

(a) wilfully obstructs an inspector in the exercise of any powers under

subsection (2); or

(b) fails without reasonable excuse to furnish his proof of identity if so

required under subsection (2)(c)(ii),

commits an offence and is liable on conviction to a fine of $10,000 and imprisonment for 6 months.

(4) In this section “proof of identity" has the meaning assigned to it in section 17B of the Immigration Ordinance.

33. (1) The Authority may adopt, and in his discretion change or amend a censorship mark which shall be evidence that a film or any advertising material in connexion with which it is displayed has been approved for exhibition under this Ordinance.

(2) Any person who displays the censorship mark adopted in respect thereof under subsection (1), or a mark calculated to be mistaken for such censorship mark, in connexion with the exhibition of any film or in connexion with any advertising material used or to be used for the advertisement of the exhibition of any film without the written consent of the Authority, commits an offence and is liable on conviction to a fine of $10,000 and imprisonment for 6 months.

34. (1) The-

(a) submission or production of any film to the Authority under

section 7(1), 25(1) or 29(3);

(b) submission of any advertising material to the Authority under

section 20(1);

(c) submission of any film to the Authority under section 28(3), shall be at the risk and expense of the person so submitting or producing.

(2) The-

(a) submission of pieces of excised film to the Authority under section

7(2)(a);

(b) retention of excised film by the Authority under section 7(3);

(c) excision of film by the Authority under section 15(4)(a);

(d) deposit of pieces of excised film with the Authority under section

17(1);

FILM CENSORSHIP BILL 1987

(e) retention of pieces of excised film by the Authority under section

17(2),

shall be at the risk and expense of the person who submitted the film to the Authority under section 7.

E87

35. (1) Subject to any special instructions of the Authority, the Delegation of Senior Administrative Officer (Films and Broadcasting) and the Chief powers. Entertainment Standards Control Officer (Films) may each exercise or discharge any of the functions which the Authority may exercise or is required to discharge under this Ordinance.

(2) Subject to any special instructions of the Authority, a censor may exercise or discharge any of the functions which the Authority may or is required to discharge under sections 20 and 21.

36. (1) The Governor in Council may by regulation prescribe or Regulations. provide for-

(a) the manner in which a film is to be submitted under section

7(2)(b)(i);

(b) the amount of any deposit payable in respect of the submission of

a film under section 7(2)(b)(ii);

(c) the information and particulars to be submitted together with a

film under section 7(2)(b)(iii);

(d) the form of any certificate of exemption issued in respect of a film

under section 8(3);

(e) the fee payable under section 9(5) for the examination of any film; ( the symbols designating the classification of a film under

section 12;

(g) the form of any certificate of approval issued in respect of a film

under section 15;

(A) the particulars of a declaration taken for the purposes of section

19;

(i) the information and particulars to be submitted together with

advertising material under section 20(1);

(j) the form of any certificate of approval issued in respect of

advertising material under section 20(3);

(k) the form of any certificate of exemption issued in respect of

advertising material under section 21(4);

(1) in relation to any film containing a cigarette advertisement, the inclusion in such advertisement of a health warning in such manner as may be prescribed and prohibiting the exhibition in Hong Kong of any such advertisement which does not include such warning; and

(m) provide for the better carrying into effect of the provisions of this

Ordinance.

(2) Any regulations made under subsection (1)(b) may provide for—

(a) the forfeiture of any deposit to the Crown; and

(b) the waiver, remission, reduction or refund of any deposit.

435 P20/24