TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 104

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Transitional. (Cap. 1.)

Consequential

and other amendments. (Cap. 172.)

(Cap. 172, sub. leg.)

"ap. 52.)

FILM CENSORSHIP BILL 1987

(3) Any regulations made under subsection (1)(e) may provide for a fee to be fixed at a level which provides for the recovery of expenditure incurred or likely to be incurred by the Authority in the discharge of his functions under this Ordinance and need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the discharge of such functions.

(4) Without prejudice to the generality of subsection (3), regulations made under subsection (1)(e) may provide for-

(a) a different fee to be payable having regard to—

(i) the amount prescribed as a deposit under subsection (1)(b);

(ii) the length of any film;

(iii) the type of any film;

(iv) the number of occasions that any film is intended to be exhibited;

(v) the medium of the intended exhibition of any film;

(vi) the classification of approval of any film under section 12;

(b) the payment of a fee exceeding the original fee in any particular

circumstance; and

(c) the waiver, remission, reduction or refund of any fee.

(5) Any regulations made under this section may provide that a contravention thereof shall be an offence and may provide penalties for such offences not exceeding a fine of $10,000 and imprisonment for 6 months.

37. (1) Without prejudice to section 23 of the Interpretation and General Clauses Ordinance, in so far as any-

:

(a) appointment, approval, determination or decision made or having

effect as if made;

(b) direction or notice issued, given or delivered or having effect as if

issued, given or delivered;

(c) condition imposed or having effect as if imposed; or

(d) other thing done or having effect as if done,

under any of the amended provisions could have been made, given, de- livered, imposed or done under a corresponding provision of this Ordinance, it shall not be invalidated by the amendments made by section 38 of this Ordinance, but shall have effect as if made, given, delivered, imposed or done under that corresponding provision.

(2) In this section "amended provisions” means the enactments amen- ded by section 38 of this Ordinance.

38. (1) The provisions of the Places of Public Entertainment Ordin- ance listed in the first column of the Schedule are amended in the manner set out in the second column thereof.

(2) The Film Censorship Regulations are revoked.

(3) Section 32 of the Television Ordinance is amended-- (a) by being renumbered as subsection (1);

FILM CENSORSHIP BILL 1987

(b) in subsection (1) by deleting “panel of censors established under the Film Censorship Regulations and may be broadcast only in such form as the panel may permit" and substituting the following-

(

of 1987.)

"Film Censorship Authority established under section 3 of the Film Censorship Ordinance 1987"; and (c) by inserting after subsection (1) the following-

"(2) The Film Censorship Authority shall deal with any film material submitted to him under subsection (1) in the same manner as if it were a film submitted to him under section 7 of the Film Censorship Ordinance 1987.". .>

SCHEDULE

(s. 38(1).]

AMENDMENTS to Places of Public Entertainment ORDINANCE

Provision

section 5

Repeal section 5.

section 7

section 8

Amendment

Delete subsection (1)(h), (i) and (ia).

(a) Deleté subsections (2) and (3) and substitute, the

following-

4

"(2) A permit granted under this section shall-

(a) be subject to such conditions as the Com- missioner for Television and Entertain- ment Licensing may impose; and

(b) not be granted in the name of more than one person and any person so named shall be responsible for the due observance of all of the conditions of the permit.

1

(3) The Commissioner for Television and Entertainment Licensing may by notice in writing served on the person in whose name any permit is granted-

(a) cancel the permit; or

A

(b) order such person to temporarily dis- continue the advertising," exhibition, presentation or carrying on of any public entertainment authorized by the permit from such date and for such period of time as shall be specified in the notice.".

(b) In subsection (4), delete paragraphs (a) and (b) and sub-

stitute the following-

"(a) contravenes subsection (1);

(h)

being a person named under subsection (2)(b) as responsible for the due observance of all of the conditions of a permit, contravenes any condi- tion of the permit, or causes, permits or suffers the contravention of any such condition; or

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