TNAG-1814-FCO40-2575-Hong-Kong-Film-Censorship-Ordinance-1988-(No.-25-of-1988)-1988 — Page 136

C102

4.

FILM CENSORSHIP BILL 1988

Part III comprises clause 7, which makes it an offence, punishable by a fine of $50,000 and imprisonment for 1 year, to exhibit a film which has not been issued a certificate of exemption under clause 9 nor a certificate of approval under clause 13.

5. Part IV comprises clauses 8 to 11 and provides for the censorship of films.

6.

Clause 8 requires all films intended for exhibition to be submitted to the Authority and provides for the manner in which such submission shall be made.

7. Clause 9 empowers the Authority to exempt a film from being dealt with under clause 10 if he is of the opinion that it is of a class or description of film prescribed as suitable for such exemption. Thus an exempted film does not have to be submitted to a censor to undergo the complete censorship procedure set out in clauses 10, 12 and 13.

8. Clause 10(1) requires the Authority to assign a censor in respect of a film which is not dealt with under clause 9. The Authority may also assign not less than 2 advisers in respect of the film. The censor assigned in respect of a film is required to consider the matters referred to in clause 10(2), and to take into account the matters referred to in clause 10(3), for the purpose of making his decision under clause 10(4) in respect of the film. Under clause 10(4) the censor can make one of 3 decisions--

(a) approve the film for exhibition and give it a classification under

clause 12(1);

(b) refuse to approve the film for exhibition because of a matter

referred to in clause 10(2); or

(c) specify the classification under clause 12(1) he would be prepared to give the film if certain specified pieces of the film were excised from the film either because of a matter referred to in clause 10(2), or because he is otherwise unable to give the film an appropriate classification under clause 12(1).

9.

Clause 11 specifies the persons who may view a film screened for purpose of censorship.

10. Part V comprises clauses 12 to 14 and specifies the matters consequential upon a censor's decision under clause 10(4) in respect of a film.

11. Clause 12(1) provides that a film approved for exhibition may be classified as-

(a) approved for exhibition to persons of any age;

(b) approved for exhibition to persons of any age subject to the condition that any advertising material which relates to the film shall contain the following notice-

"NOT SUITABLE FOR CHILDREN.'

or

(c) approved for exhibition only to persons who have attained the age

of 18 years.