TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 99

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Refusal to *pprove film.

Excisions from film.

Certificate of

approval, notice of refusal to approve and notice

concerning

excision.

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FILM CENSORSHIP BILL 1987

(3) The classification of a film under subsection (1) shall be design- ated by such symbols for each of the classifications referred to in paragraphs (a), (b) and (c) of that subsection as may be prescribed.

13. Subject to section 14, if, having taken into consideration the matters referred to in section 9(2), a censor is of the opinion that the film is not suitable for exhibition, he shall refuse to approve the film for exhibition and shall record in writing by reference to the relevant provision of sec- tion 9(2), an adequate statement of the reasons for his decision.

14. If, having taken into consideration the matters referred to in section 9(2), a censor is of the opinion that by reason only of a specified part or specified parts of the film-

(a) the film is not suitable for exhibition; or

(b) he is unable to give the film an appropriate classification under

section 12,

he shall record in writing-

(i) the classification he would be prepared to give to the film, if each

such specified part or parts were excised from the film; and *(ii) by reference to the relevant provision of section 9(2), an adequate

statement of the reasons for his decision.

4.

15. (1) Where a censor approves a film for exhibition under section 12, the Authority shall issue to the person who submitted the film under section 7 a certificate of approval in the prescribed form setting out the classification of approval of the film under section 12 endorsed with the symbol referred to in section 12 and with the official mark referred to in section 33, together with a copy of such certificate for each copy of the film stated by such person under section 7(2)(a)(i) to be in his possession.

(2) Where a censor refuses to approve a film for exhibition under section 13, the Authority shall give written notice of the censor's decision under that section to the person who submitted the film under section 7 and shall state in the notice the reasons for the censor's decision.

(3) Where a censor deals with a film as provided in section 14, the Authority shall give written notice of the censor's decision under that section to the person who submitted the film under section 7 and shall---

(a) specify in the notice the part or parts of the film requiring excision;

and

(b) state in the notice the reasons for the censor's decision.

(4) In any case to which subsection (3) applies the Authority shall-

(a) return the film to the person who submitted the film under section 7 to make the required excision, or upon his request mark such excision; and

(b) after any such excision has been made, approve the film for exhibition, classify it accordingly and issue to that person a certificate of approval in the prescribed form setting out the classification of approval of the film under section 12 endorsed

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FILM CENSORSHIP BILL 1987

with the symbol referred to in section 12 and with the official mark referred to in section 33, together with a copy of such certificate for each copy of the film stated by such person under section 7(2)(a)(i) to be in his possession.

(5) A certificate of approval shall-

(a) not be issued under this section in respect of any film unless any fee payable under section 9(5) for the examination of the film has been paid;

(b) be subject to such conditions, if any, as the Authority may impose.

(6) The Authority may revoke a certificate of approval issued under this section in respect of any film by notice in writing served either personally or by registered post on the person to whom the certificate was issued if—

(a) a condition imposed under this section is contravened; or

(b) in his opinion the public interest so requires.

(7) Where a certificate of approval issued under this section is revoked under subsection (6), every copy thereof so issued shall be deemed to be revoked.

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16. (1) A certificate of approval issued under section 15 in respect of Certificate of any film shall, unless it is earlier revoked, be valid for such period of time approval valid being not more than 5 years from the day it is issued as shall be specified in for not more the certificate.

(2) For the purposes of subsection (1), references to a film and a certificate of approval include respectively references to a copy of such film and to a copy of such certificate issued under section 15 in respect of the . copy of such film.

than 5 years.

17. (1) Every person who makes excisions to a film for the purposes Excised film to of section 15(4) shall deposit every piece of film excised by him under that be retained by

Authority. section, with the Authority.

(2) The Authority shall retain every piece of film excised by him under section 15(4), or deposited with him under subsection (1) of this section, for the period of validity of the certificate of approval.

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(3) Any person who makes excisions to a film for the purposes of section 15(4) and fails to comply with subsection (1) of this section commits an offence and is liable on conviction to a fine of $10,000.

18. (1) Where a film is approved for exhibition by the Authority Copies of film under section 15(4) after the excision of any part or parts of the film, the to be excised. person who submitted the film under section 7 shall ensure that every copy

of the film that is in or subsequently comes into his possession is excised in such manner so as to be similar in detail, subject-matter, length and every other way to the film as so approved for exhibition.

(2) Any person who submits a film under section 7 and fails to comply with subsection (1) of this section commits an offence and is liable on conviction to a fine of $10,000 and imprisonment for 6 months.

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