TNAG-1814-FCO40-2575-Hong-Kong-Film-Censorship-Ordinance-1988-(No.-25-of-1988)-1988 — Page 386

CONFIDENTIAL

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2

Clause 10

Action to be taken by Authority and

censor in relation to a film

5.

Minor amendments have been made to this clause. The film industry has expressed unease over the statutory role of advisers in the classification/censorship process. However, the Group has recommended that advisers should be formally provided for in the Bill. This has been done. Sub-clause (1) has been amended to provide the Authority with discretion as to whether to appoint advisers. If the Authority decides to appoint advisers, he will be obliged to appoint not less than two.

Clause 14 - Excised film to be retained by the Authority

6.

Sub-clause (1) has been amended to oblige a distributor, who makes an excision to a film, to deposit it forthwith with the Authority. Only one set of excisions for each classification of a film needs to be retained by the Authority. The Authority will retain excisions for a period of five years, rather than three years. Sub-clause (2) has been revised accordingly.

Clause 15 - Film not to be exhibited without display of certificate of exemption or approval

7.

The liability to a custodial sentence for this offence is considered too harsh and consequently it has been deleted.

Clause 20 - Offence in relation to exhibition of films classified for exhibition only to persons who have attained the age of 18 years

8.

We maintain our stance that the viewing of a Category III film by an underage person should not be a criminal offence. We agree with the Group and the film industry that administrative measures should be adopted to deter underage persons from viewing these films. The Authority will advise parents concerned by letter when their children are found viewing Category III films.

CODENTIAL