TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 102

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Offence in

relation to exhibition of films classified for exhibition only to persons who have attained the age of 18 years.

FILM CENSORSHIP BILL 1987

(3) An order of the Chief Secretary under subsection (2) shall, together with a copy of the notice mentioned in subsection (1), be served either personally or by registered post on the exhibitor of the film who shall, within 24 hours after the service thereof, produce the film to the Authority.

(4) The Board, upon the review of any film--

·

(a) shall give the person who requested the review and the exhibitor an

opportunity of being heard;

(b) may, in relation to such review, give directions to the Authority with respect to the exercise by him of any of his functions under this Ordinance, and the Authority shall comply with any such direction; and

(c) may order that the person who requested the review pay all or part

of the costs of the review.

(5) If an exhibitor on whom an order is served under subsection (3) in respect of any film fails to deliver the film to the Authority within 24 hours after the service of such order-

(a) the Authority may order that such film shall not be exhibited by him until it has been reviewed by the Board under this section; and (b) the order of the Authority shall be served on him either personally

or by registered post.

(6) Any exhibitor on whom an order is served under subsection (5) who exhibits the film to which the order relates before it is reviewed by the Board under this section, commits an offence and is liable on conviction to a fine of $50,000 and imprisonment for 1 year.

PART VIII

ENFORCEMENt and MiscELLANEOUS

30. (1) No exhibitor shall exhibit any film classified under section 12(1)(c) as approved for exhibition only to persons who have attained the age of 18 years, to any person under the age of 18 years.

(2) An exhibitor who contravenes subsection (1) commits an offence and is liable-

(a) on first conviction to a fine of $10,000; and

(b) on second or subsequent conviction to a fine of $50,000 and

imprisonment for 1 year.

(3) It shall be a defence to a charge under subsection (2) that the person charged took all reasonable precautions before exhibiting the film which is the subject of the offence, to prevent the exhibition of the film to persons under the age of 18 years.

(4) In any proceedings under this section, a document purporting to be a certificate signed by the Authority stating that the person named in the certificate was on a date specified in the certificate convicted of an offence under this section shall be admitted in evidence on its production without further proof, and until the contrary is proved it shall be presumed that-

FILM CENSORSHIP BILL 1987

(a) the person who signed the certificate was the Authority, and

(b) the person named in the certificate was on the date specified

therein convicted of an offence under this section.

31. (1) No person shall exhibit any film, or a copy thereof, in respect Offence in of which a certificate of exemption issued under section 8 has been revoked relation to unless and until there is in force in respect of the film-

(a) a certificate of approval issued under section 15; or

(b) a certificate of exemption again issued under section 8.

(2) No person shall exhibit any film, or a copy thereof, in respect of which a certificate of approval issued under section 15 has been revoked unless and until there is in force in respect of the film-

(a) a certificate of exemption issued under section 8; or (b) a certificate of approval again issued under section 15.

(3) No person shall exhibit any film, or a copy thereof, in respect of which a certificate of approval issued under section 15 has become invalid unless and until there is in force in respect of the film-

AJ.

(a) a certificate of exemption issued under section 8; or (b) a certificate of approval again issued under section 15. (4) No person shall in relation to the exhibition of any film, or a copy thereof, publish or display any advertising material in respect of which certificate of approval issued under section 20 has been revoked unless and until there is in force in respect of the advertising material—

(a) a certificate of exemption issued under section 21; or

(b) a certificate of approval again issued under section 20. sept

(5) No person shall in relation to the exhibition of any film, or a copy thereof, publish or display any advertising material in respect of which certificate exemption issued under section 21 has been revoked unless and until there is in force in respect of the advertising material—

(a) a certificate of approval issued under section 20; or

(b) a certificate of exemption again issued under section 21.

(6) Any person who knowingly contravenes subsection (1), (2), (3), (4) or (5) commits an offence and is liable on conviction to a fine of $10,000 and imprisonment for 6 months.

4

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revocation etc.

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32. (1) The Authority may authorize in writing any public officer to Inspection and

be an inspector for the purposes of this Ordinance.

(2) An inspector authorized under this section may→→→→

(a) at all reasonable times enter-

enforcement.

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(i) any premises designed as a theatre or cinema in respect of which a licence has been issued under regulation 3(2) of the Places (Cap. 172, sub. of Public Entertainment Regulations;

leg.)

(ii) any premises in which he has reason to believe any film is exhibited or intended to be exhibited and to which the public are invited or have access, or any person has access by reason of being a member of a club, society, partnership or association of persons incorporated or unincorporated;